Texas House Bill HB3848

Texas 2017 - 85th Regular

Caption

Relating to the public information law; creating a criminal offense.

Impact

One of the notable impacts of HB3848 is its emphasis on ensuring that all public information is available for public inspection and copying while establishing penalties for non-compliance. It also addresses the issue of personal rights to public information, asserting that current or former officers or employees do not retain personal ownership of information created during their official duties. This provision encourages crisper accountability and may deter potential misuse or mishandling of public information by officials.

Summary

House Bill 3848 is an act aimed at amending the public information law in Texas by introducing several key provisions regarding the handling, preservation, and disclosure of public information. The bill seeks to clarify the definition of 'temporary custodian,' establishing the responsibilities of officials or employees who create or receive public information in their official capacity. It delineates the procedure for preserving public information held on private devices to ensure compliance with open records laws. Notably, the bill mandates that public information created or received must be returned to the governmental body or preserved on the employee’s device for specific durations.

Contention

The bill introduces a criminal offense for temporary custodians who fail to return public information upon request, which may raise concerns among employees about potential unintended violations. Critics of the bill may argue that imposing criminal liabilities could create a chilling effect, discouraging public officials from freely managing public information due to fears of legal repercussions. Moreover, the specifics of how public information exceptions are applied, especially regarding dates of birth and other sensitive data, may generate further debate among proponents and opponents of the legislation.