| 2 | | - | (In the Senate - Filed January 3, 2017; February 1, 2017, |
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| 3 | | - | read first time and referred to Committee on Business & Commerce; |
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| 4 | | - | March 20, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 7, Nays 2; March 20, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 407 By: Creighton |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the exception from disclosure under the public |
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| 14 | 7 | | information law for information related to competition or bidding. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 552.104, Government Code, is amended to |
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| 17 | 10 | | read as follows: |
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| 18 | 11 | | Sec. 552.104. EXCEPTION: INFORMATION RELATED TO |
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| 19 | 12 | | COMPETITION OR BIDDING. (a) Except as provided by Subsection (c), |
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| 20 | 13 | | information [Information] is excepted from the requirements of |
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| 21 | 14 | | Section 552.021 if a governmental body demonstrates that release of |
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| 22 | 15 | | the [it is] information [that, if released,] would harm its |
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| 23 | 16 | | interests by providing an [give] advantage to a competitor or |
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| 24 | 17 | | bidder in a particular competitive situation. |
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| 25 | 18 | | (b) Except as provided by Subsection (c), the [The] |
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| 26 | 19 | | requirement of Section 552.022 that a category of information |
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| 27 | 20 | | listed under Section 552.022(a) is public information and not |
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| 28 | 21 | | excepted from required disclosure under this chapter unless |
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| 29 | 22 | | expressly confidential under law does not apply to information that |
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| 30 | 23 | | is excepted from required disclosure under this section. |
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| 31 | 24 | | (c) The exception to disclosure provided by Subsection (a) |
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| 32 | 25 | | does not apply to: |
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| 33 | 26 | | (1) a bid or proposal, or information contained in a |
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| 34 | 27 | | bid or proposal, after the governmental body executes or awards the |
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| 35 | 28 | | contract to which the bid or proposal relates; or |
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| 36 | 29 | | (2) an account, voucher, or contract, or information |
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| 37 | 30 | | contained in or describing an account, voucher, or contract. |
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| 38 | 31 | | (d) Section 552.305 does not apply to the exception under |
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| 39 | 32 | | this section. |
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| 40 | 33 | | SECTION 2. Section 552.305(a), Government Code, is amended |
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| 41 | 34 | | to read as follows: |
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| 42 | 35 | | (a) In a case in which information is requested under this |
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| 43 | 36 | | chapter and a person's privacy or property interests may be |
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| 44 | 37 | | involved, including a case under Section 552.101, [552.104,] |
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| 45 | 38 | | 552.110, or 552.114, a governmental body may decline to release the |
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| 46 | 39 | | information for the purpose of requesting an attorney general |
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| 47 | 40 | | decision. |
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| 48 | 41 | | SECTION 3. The changes in law made by this Act apply only to |
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| 49 | 42 | | a request for information received by a governmental body or an |
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| 50 | 43 | | officer for public information on or after the effective date of |
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| 51 | 44 | | this Act. A request for information received before the effective |
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| 52 | 45 | | date of this Act is governed by the law in effect when the request |
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| 53 | 46 | | was received, and the former law is continued in effect for that |
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| 54 | 47 | | purpose. |
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| 55 | 48 | | SECTION 4. This Act takes effect September 1, 2017. |
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