The attorney general must set procedures and deadlines, decide confidentiality requests within 45 business days, and give written notice; certain people may appeal to Travis County district court.
Sec. 552.405. DETERMINATION BY ATTORNEY GENERAL. (a) A member of a governing board who has received a request under Section 552.404(a) to sign a confidentiality agreement may seek a decision about whether the information covered by the confidentiality agreement is confidential under law. A confidentiality agreement signed under Section 552.404(a) is void to the extent that the agreement covers information that is determined by the attorney general or a court to not be confidential under law. (b) The attorney general by rule shall establish procedures and deadlines for receiving information necessary to decide the matter and briefs from the member of a governing board, the governmental body or nongovernmental entity, and any other interested person. (c) The attorney general shall promptly render a decision requested under this section, determining whether the information covered by the confidentiality agreement is confidential under law, not later than the 45th business day after the date the attorney general received the request for a decision under this section. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the member, the governmental body or nongovernmental entity, and any interested person who submitted necessary information or a brief to the attorney general about the matter. (d) The member or the governmental body or nongovernmental entity may appeal a decision of the attorney general under this section to a Travis County district court. Any other person may appeal a decision of the attorney general under this section to a Travis County district court if the person claims a proprietary interest in the information affected by the decision or a privacy interest in the information that a confidentiality law or judicial decision is designed to protect. Added by Acts 2025, 89th Leg., R.S., Ch. 1045 (H.B. 4310), Sec. 1, eff. September 1, 2025.