By: Ellis S.B. No. 1563
(In the Senate - Filed March 8, 2013; March 19, 2013, read
first time and referred to Committee on Open Government;
May 3, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; May 3, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1563 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the definition of and access to public information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.002, Government Code, is amended to
read as follows:
Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA
CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public
information" means information that is written, produced,
collected, assembled, or maintained under a law or ordinance or in
connection with the transaction of official business:
(1) by a governmental body; [or]
(2) for a governmental body and the governmental body:
(A) owns the information; [or]
(B) has a right of access to the information; or
(C) spends or contributes public money for the
purpose of writing, producing, collecting, assembling, or
maintaining the information; or
(3) by an individual officer or employee of a
governmental body in the officer's or employee's official capacity
and the information pertains to official business of the
governmental body [it].
(a-1) Information is in connection with the transaction of
official business if the information is created by, transmitted to,
received by, or maintained by an officer or employee of the
governmental body in the officer's or employee's official capacity,
or a person or entity performing official business or a
governmental function on behalf of a governmental body, and
pertains to official business of the governmental body.
(a-2) The definition of "public information" provided by
Subsection (a) applies to and includes any electronic communication
created, transmitted, received, or maintained on any device if the
communication is in connection with the transaction of official
business.
(b) The media on which public information is recorded
include:
(1) paper;
(2) film;
(3) a magnetic, optical, [or] solid state, or other
device that can store an electronic signal;
(4) tape;
(5) Mylar; and
(6) any physical material on which information may be
recorded, including linen,[;
[(7)] silk,[;] and
[(8)] vellum.
(c) The general forms in which the media containing public
information exist include a book, paper, letter, document, e-mail,
Internet posting, text message, instant message, other electronic
communication, printout, photograph, film, tape, microfiche,
microfilm, photostat, sound recording, map, and drawing and a
voice, data, or video representation held in computer memory.
SECTION 2. Section 552.003, Government Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Official business" means any matter over which a
governmental body has or seeks to have any authority,
administrative duties, or advisory duties.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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