Texas 2023 - 88th Regular

Texas House Bill HB613

Filed
11/14/22  
Out of House Committee
4/20/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the imposition of charges by a governmental body for providing copies of public information under the public information law.

Impact

The implementation of HB 613 would lead to significant changes in how public information is disseminated. By limiting the circumstances under which fees can be charged for public documents, the bill encourages greater governmental compliance with transparency norms. Particularly in the context of campaign finance, the bill is likely to increase the availability of important electoral information that influences public awareness and participation in the political process. Furthermore, the oversight provided by the attorney general may deter governmental bodies from neglecting their recordkeeping responsibilities, thereby ensuring that the information is readily accessible.

Summary

House Bill 613 aims to enhance access to public information by prohibiting governmental bodies from charging fees for copies of certain public documents, specifically campaign finance reports, unless those reports are already available for free on the governmental body's website. The bill seeks to promote transparency in government operations by reducing financial barriers that might hinder the public's ability to obtain information deemed essential for civic engagement and oversight. An additional measure allows the attorney general to cancel or lower charges imposed by government bodies if it is determined that they have failed to maintain requested information according to standard practices, reinforcing accountability.

Sentiment

Overall, the sentiment surrounding HB 613 appears to be positive, particularly among advocates of government transparency and civic engagement. Supporters of the bill highlight its potential to foster a more informed constituency by making essential public information more readily available without cost barriers. However, there are concerns among some governmental representatives about the possible financial implications of absorbing the costs associated with providing these documents, particularly for small entities that may struggle with the additional workload.

Contention

Notable points of contention include concerns about the implications of the bill on local governance—whether local entities will be adequately compensated for the potential increase in document requests without the ability to charge fees. Some stakeholders argue that while promoting transparency is crucial, the bill may inadvertently impose burdens on smaller governmental bodies that may not have the resources to handle the influx of free requests for public information. Additionally, there is apprehension regarding the provision that allows the attorney general to reduce fees, which could lead to inconsistency in how public information is managed across different governmental bodies.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 552. Public Information
    • Section: 261
    • Section: 269
    • Section: 261
    • Section: 269
    • Section: 261

Election Code

  • Chapter 254. Political Reporting
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB675

Relating to compliance with the public information law by governmental bodies and the imposition of charges for providing copies of public information under that law; providing a civil penalty.

TX HB2789

Relating to charges imposed by a governmental body for providing copies of public information under the public information law.

Similar Bills

No similar bills found.