Texas House Bill HB1764

Texas 2015 - 84th Regular

Caption

Relating to public information in the possession, custody, or control of a current or former officer or employee of a governmental body; creating a criminal offense.

Impact

The implications of HB 1764 are significant, as it modifies existing laws governing public information management within governmental bodies. By legally defining the responsibilities of temporary custodians and outlining the procedures for their compliance, this bill aims to ensure that public information remains accessible to the public and protected from mishandling. This measure is expected to foster greater governmental transparency and efficiency in record-keeping, potentially resulting in better citizen access to government-held records.

Summary

House Bill 1764 establishes new provisions regarding the handling of public information by governmental officers and employees in Texas. The bill clarifies the role of 'temporary custodians', who are defined as individuals creating or receiving public information during their official duties but failing to transfer this information to the designated public information officer. Additionally, it places an obligation on these custodians to return such information within a specified time frame upon request, thereby enhancing accountability in the management of public records.

Sentiment

The general sentiment surrounding HB 1764 appears to be largely supportive, particularly among advocates for transparency and accountability in government operations. Proponents argue that the bill is a necessary step toward safeguarding public interest by closing loopholes that could permit improper retention of public information. However, some potential concerns were raised about the implications for information custodians and the administrative burden that these new requirements may place on governmental bodies.

Contention

Despite the overall support, there were notable points of contention regarding the balance between transparency and the potential for overreach. Critics expressed concerns that the criminal penalties outlined for non-compliance by temporary custodians could have a chilling effect on open government practices. Additionally, questions arose about the practicality of enforcing these new obligations and whether they might inadvertently stifle the flow of information due to fear of penalties associated with minor infractions.