Texas Senate Bill SB677

Texas 2011 - 82nd Regular

• Out of Senate Committee: 5/13/11
• Introduced: 2/14/11
• Refer: 2/23/11
• Report Pass: 5/13/11

Caption

Relating to the enforcement of the public information law; providing for the imposition of a civil penalty.

Impact

If enacted, SB 677 would amend Section 552.3215 of the Texas Government Code, which mandates governmental bodies to provide access to public records upon request. The introduction of civil penalties serves to encourage a more responsive public records process, enhancing transparency and facilitating easier access to government-held information for citizens. Such changes can significantly shift how governmental entities handle public information requests, potentially reducing delays and refusals that have historically plagued the process.

Summary

Senate Bill 677 addresses the enforcement of the public information law in Texas. The bill aims to strengthen compliance by imposing civil penalties on governmental bodies that violate provisions associated with public information requests. Specifically, the bill allows for a civil penalty of up to $500 for each written request for public information that a governmental body fails to comply with, and an additional $100 for each day the violation persists after a notification has been issued to the governmental body. This proactive measure is intended to enhance accountability among public bodies by creating a financial incentive to comply with the law's requirements.

Contention

The bill's imposition of civil penalties is likely to spark ongoing discussions about the balance between government oversight and operational burdens on public entities. Supporters, including advocates for government transparency, argue that enhanced penalties will ensure better compliance and foster a culture of openness within government operations. However, opponents may raise concerns over the potential for abuse of penalties, which they argue could result in excessive legal expenditures for governmental bodies, particularly small municipalities with limited resources. This contention presents a classic debate between ensuring public access to government information and maintaining feasible operational practices for public entities.