Texas 2023 - 88th Regular

Texas Senate Bill SB1579

Filed
3/3/23  
Out of Senate Committee
4/26/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to procedures under the public information law, including expedited responses and charges for bad faith requests.

Impact

The proposed changes in SB1579 would significantly impact the way governmental bodies manage public information requests. By outlining an expedited process, the bill aims to create a more efficient means of handling requests that are in compliance with existing laws. Moreover, the imposition of charges for bad faith requests is meant to deter frivolous or non-genuine inquiries, thereby conserving resources within governmental agencies. These changes could lead to a quicker response time for legitimate requests, fostering greater public trust in the transparency of government operations.

Summary

SB1579 is a legislative act aimed at reforming procedures under Texas's public information law. The bill introduces measures to expedite responses from governmental bodies to requests for public information. Additionally, it seeks to address instances of bad faith requests by allowing the Attorney General to impose charges on governmental bodies that make such requests. These reforms align with the state's ongoing efforts to enhance transparency and accessibility of public information while attempting to balance the workload of public agencies against the legal expectations for information disclosure.

Sentiment

The sentiment surrounding SB1579 appears to be mixed among stakeholders. Proponents argue that the bill is a necessary step toward improving public access to information and protecting governmental resources against frivolous inquiries. They assert that enhancing the speed and efficiency of information requests will ultimately benefit the public and promote governmental accountability. Conversely, critics express concerns that the emphasis on penalizing bad faith requests may inadvertently discourage individuals from seeking necessary information, especially marginalized groups who might fear repercussions for submitting their inquiries.

Contention

Notable points of contention stem from the bill's provisions regarding the penalties imposed for bad faith requests. While supporters believe these measures will deter misuse of the system, detractors caution that this could lead to a chilling effect on individuals' willingness to file legitimate requests out of fear of being labeled as making bad faith inquiries. Additionally, questions have been raised regarding the criteria that will be used to assess good faith vs. bad faith, suggesting the potential for inconsistent application of the law across different governmental bodies.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 552. Public Information
    • Section: 2615
    • Section: 263
    • Section: 302
    • Section: 310
    • Section: 321
    • Section: 352
    • Section: 353
    • Section: New Section
    • Section: 2615
    • Section: 263
    • Section: 302
    • Section: 321
    • Section: 352
    • Section: 353
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX SB986

Relating to procedures under the public information law, including expedited responses and charges for bad faith requests.

TX HB1435

Relating to an expedited response by a governmental body to a request for public information.

TX HB3435

Relating to an expedited response by a governmental body to a request for public information.

TX SB1492

Relating to an expedited response by a governmental body to a request for public information.

TX SB1347

Relating to an expedited response by a governmental body to a request for public information.

TX HB2328

Relating to an expedited response by a governmental body to a request for public information.

TX HB3167

Relating to requests made under the public information law that require a large amount of personnel time.

TX HB2885

Relating to the availability of the personal information of a legislator under the public information law.