Relating to a special right of access under the public information law for a member of a governing board.

Contracts

• Vendor NDAs: Review all Master Service Agreements (MSAs) and Non-Disclosure Agreements. You must amend future contracts to explicitly acknowledge that "Confidential Information" may be disclosed to governing board members under Texas Government Code Subchapter K.
• D&O Insurance: Review Directors & Officers liability policies. Confirm if your policy covers legal costs for "Insured vs. Insured" disputes, as this bill increases the likelihood of a board member suing the entity for access.

Hiring/Training

• Public Information Officers (PIOs): Staff must be retrained to identify "Board Member Requests" versus "Standard Public Requests." They must stop redacting confidential information (e.g., trade secrets, personnel files) for board members unless a specific Attorney-Client Privilege exception applies.
• Legal Counsel: In-house counsel must establish a protocol for determining when a board member is "adverse" to the body, the only scenario where Attorney-Client Privilege can be used to withhold records.

Reporting & Record-Keeping

• New Form Required: You must draft and deploy a Section 552.404 Confidentiality Agreement. Do not release confidential records to a board member without this signed document.
• Audit Trail: Maintain a specific log of board member requests, including the date received, the date the Confidentiality Agreement was signed, and the date records were provided, to defend against claims of delay.

Fees & Costs

• Fee Elimination: Update billing software immediately. You cannot charge a board member for labor, overhead, or materials for these requests.
• Litigation Risk: Budget for potential adverse attorney's fees. If a board member prevails in a Writ of Mandamus suit, the court may order the entity to pay their legal costs.