Texas 2011 - 82nd 1st C.S.

Texas Senate Bill SB26

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The imposition of civil penalties under SB26 significantly alters the landscape of how governmental bodies handle public information requests. By holding these bodies financially accountable for violations, the bill seeks to promote a culture of transparency and accountability within state governance. It reinforces the citizens' right to access information and places a greater responsibility on government officials to ensure that public inquiries are addressed properly, thus aligning with broader efforts to enhance good governance.

Summary

SB26 aims to enhance the enforcement of Texas's public information laws by introducing civil penalties for governmental bodies that violate these laws. The bill emphasizes the need for compliance by establishing a monetary penalty not exceeding $500 for each written request for public information that is mishandled. In addition, it imposes an additional penalty of up to $100 for each day the violation continues beyond a set period, thereby creating a financial incentive for government entities to adhere to information requests promptly and effectively.

Sentiment

The sentiment surrounding SB26 appears largely supportive, particularly among advocates for transparency in government operations. Proponents view the bill as a critical step towards enforcing public information laws and safeguarding citizens' rights. However, some concerns have been raised regarding the potential for the penalties to be overly punitive, which might inadvertently discourage proactive communication of information from governmental agencies. Despite these concerns, the general consensus leans towards prioritizing transparency and accountability.

Contention

Notable points of contention revolve around the potential impact on smaller governmental bodies that may struggle to comply with the stringent requirements and penalties outlined in the bill. Critics express concerns that the financial penalties could disproportionately affect these entities, potentially diverting resources away from essential services. The debate underscores a fundamental tension between ensuring access to information and maintaining the operational feasibility of local governments.

Companion Bills

No companion bills found.

Previously Filed As

TX HB125

Relating to the enforcement of certain election laws by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

TX HB1350

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

TX SB378

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

TX SB1014

Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.

TX HB1181

Relating to the publication or distribution of sexual material harmful to minors on an Internet website; providing a civil penalty.

TX HB1752

Relating to liability for the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; providing a civil penalty.

TX HB2874

Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

TX SB2286

Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

TX HB613

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

Similar Bills

No similar bills found.