By: Watson, et al. S.B. No. 407
(In the Senate - Filed January 3, 2017; February 1, 2017,
read first time and referred to Committee on Business & Commerce;
March 20, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; March 20, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 407 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the exception from disclosure under the public
information law for information related to competition or bidding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.104, Government Code, is amended to
read as follows:
Sec. 552.104. EXCEPTION: INFORMATION RELATED TO
COMPETITION OR BIDDING. (a) Except as provided by Subsection (c),
information [Information] is excepted from the requirements of
Section 552.021 if a governmental body demonstrates that release of
the [it is] information [that, if released,] would harm its
interests by providing an [give] advantage to a competitor or
bidder in a particular competitive situation.
(b) Except as provided by Subsection (c), the [The]
requirement of Section 552.022 that a category of information
listed under Section 552.022(a) is public information and not
excepted from required disclosure under this chapter unless
expressly confidential under law does not apply to information that
is excepted from required disclosure under this section.
(c) The exception to disclosure provided by Subsection (a)
does not apply to:
(1) a bid or proposal, or information contained in a
bid or proposal, after the governmental body executes or awards the
contract to which the bid or proposal relates; or
(2) an account, voucher, or contract, or information
contained in or describing an account, voucher, or contract.
(d) Section 552.305 does not apply to the exception under
this section.
SECTION 2. Section 552.305(a), Government Code, is amended
to read as follows:
(a) In a case in which information is requested under this
chapter and a person's privacy or property interests may be
involved, including a case under Section 552.101, [552.104,]
552.110, or 552.114, a governmental body may decline to release the
information for the purpose of requesting an attorney general
decision.
SECTION 3. The changes in law made by this Act apply only to
a request for information received by a governmental body or an
officer for public information on or after the effective date of
this Act. A request for information received before the effective
date of this Act is governed by the law in effect when the request
was received, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2017.
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