“I’m Good Enough, I’m Smart Enough, and Doggone It,” I Have a Special Right to Access Public Information

Stuart Smalley made us laugh in the 80’s on Saturday Night Live with his silly affirmation skits.  He ended every affirmation with, “I’m good enough, I’m smart enough, and doggone it, people like me.” Well, when it comes to officials that serve on governing boards for municipalities and counties, the Texas State Legislature likes you, too. Effective September 1, 2025, the Legislature inserted a new Section K into the Texas Government Code, Chapter 552, (“Texas Public Information Act”) which gives members of governing boards, such as city council members and county commissioners, a special right to access public information held by the governmental entity.[1]

This special right to access public information requires a county or municipality to “promptly” allow a county commissioner or councilmember acting in his or her official capacity to inspect or copy requested public records at no charge.  Sec. 552.403(a)-(b). “Promptly” is defined as “as soon as possible under the circumstances, that is, within a reasonable time, without delay.” Sec. 552.401(c) and Sec. 552.221(a). This definition leaves a lot to the imagination, so how long an entity has to provide access to the information is anybody’s guess and will necessarily be a fact-based inquiry under the circumstances. The rationale behind providing this special right to access is that city councilmembers and county commissioners who are acting in their official capacities on the governing boards for the entities they serve need access to information to perform their duties. Unreasonable delays can impede the performance of those duties. They are special, and they need not wait for the ordinary public information act process to get access to public information.

It should be noted that any confidential information contained in the responsive records must be redacted at no charge prior to disclosure. Additionally, information that is subject to attorney-client privilege need not be disclosed unless that privilege applies to the requestor. Sec. 552.403(d).

If records are provided that contain unredacted confidential information, the city or county can request that the county commissioner of city council member sign a confidentiality agreement covering the information and requiring that:

(1) the information not be disclosed,

(2) the information be labeled as confidential,

(3) the information be kept securely, and

(4) the number of copies or notes about the information be destroyed, returned, or protected to remain confidential. Sec. 552.404(a).

Section 552.405 provides a process by which a requestor can ask the state attorney general for a decision as to whether the requested information is actually confidential. Section 552.406 allows a requestor to file a writ of mandamus against a governmental entity for failure to comply with Subchapter K.

Finally, the release of confidential public information to a member of a governing board does not waive the confidentiality of that information going forward. Sec. 552.404(b). This is an important preservation of confidentiality such that the special right of access remains limited to those applicable officials, and does not, after disclosure, make the confidential information available to other future requestors.

So, to all our public officials out there, say it with me: “I’m good enough, I’m smart enough, and doggone it, people like me.” And: “I have a special right to access public information under the Texas Public Information Act.”

[1] This new special right to access also applies to nongovernmental entities, but we will focus on county and municipal governing boards in this post.

Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.