TX
Texas House Bill HB2189

Texas 2019 - 86th Regular

Texas House Bill HB2189 Compare Versions

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1-86R23586 TJB-D
2- By: Capriglione, Phelan, Wilson, et al. H.B. No. 2189
3- Substitute the following for H.B. No. 2189:
4- By: Holland C.S.H.B. No. 2189
1+86R6269 TJB-D
2+ By: Capriglione H.B. No. 2189
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the disclosure of certain contracting information under
108 the public information law.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 552.003, Government Code, is amended by
13- amending Subdivision (1) and adding Subdivision (7) to read as
14- follows:
15- (1) "Governmental body":
16- (A) means:
17- (i) a board, commission, department,
18- committee, institution, agency, or office that is within or is
19- created by the executive or legislative branch of state government
20- and that is directed by one or more elected or appointed members;
21- (ii) a county commissioners court in the
22- state;
23- (iii) a municipal governing body in the
24- state;
25- (iv) a deliberative body that has
26- rulemaking or quasi-judicial power and that is classified as a
27- department, agency, or political subdivision of a county or
28- municipality;
29- (v) a school district board of trustees;
30- (vi) a county board of school trustees;
31- (vii) a county board of education;
32- (viii) the governing board of a special
33- district;
34- (ix) the governing body of a nonprofit
35- corporation organized under Chapter 67, Water Code, that provides a
36- water supply or wastewater service, or both, and is exempt from ad
37- valorem taxation under Section 11.30, Tax Code;
38- (x) a local workforce development board
39- created under Section 2308.253;
40- (xi) a nonprofit corporation that is
41- eligible to receive funds under the federal community services
42- block grant program and that is authorized by this state to serve a
43- geographic area of the state; [and]
44- (xii) a confinement facility operated under
45- a contract with any division of the Texas Department of Criminal
46- Justice;
47- (xiii) a civil commitment housing facility
48- owned, leased, or operated by a vendor under contract with the state
49- as provided by Chapter 841, Health and Safety Code;
50- (xiv) an entity that receives public funds
51- in the current or preceding state fiscal year to manage the daily
52- operations or restoration of the Alamo, or an entity that oversees
53- such an entity; and
54- (xv) the part, section, or portion of an
55- organization, corporation, commission, committee, institution, or
56- agency that spends or that is supported in whole or in part by
57- public funds; and
58- (B) does not include:
59- (i) the judiciary; or
60- (ii) an economic development entity whose
61- mission or purpose is to develop and promote the economic growth of
62- a state agency or political subdivision with which the entity
63- contracts if:
64- (a) the entity does not receive $1
65- million or more in public funds from a single state agency or
66- political subdivision in the current or preceding state fiscal
67- year; or
68- (b) the entity:
69- (1) either:
70- (A) does not have the
71- authority to make decisions or recommendations on behalf of a state
72- agency or political subdivision regarding tax abatements or tax
73- incentives; or
74- (B) does not require an
75- officer of the state agency or political subdivision to hold office
76- as a member of the board of directors of the entity;
77- (2) does not use staff or office
78- space of the state agency or political subdivision for no or nominal
79- consideration, unless the space is available to the public;
80- (3) to a reasonable degree,
81- tracks the entity's receipt and expenditure of public funds
82- separately from the entity's receipt and expenditure of private
83- funds; and
84- (4) provides at least quarterly
85- public reports to the state agency or political subdivision
86- regarding work performed on behalf of the state agency or political
87- subdivision.
88- (7) "Contracting information" means the following
89- information maintained by a governmental body or exchanged between
90- a governmental body and a vendor, contractor, potential vendor, or
91- potential contractor:
92- (A) information in a voucher or contract relating
93- to the receipt or expenditure of public funds by a governmental
94- body;
95- (B) solicitation or bid documents relating to a
96- contract with a governmental body;
11+ adding Subdivision (7) to read as follows:
12+ (7) "Contracting information" means:
13+ (A) information in an account, voucher, or
14+ contract relating to the receipt or expenditure of public or other
15+ funds by a governmental body;
16+ (B) solicitation or bid documents;
9717 (C) communications sent between a governmental
98- body and a vendor, contractor, potential vendor, or potential
99- contractor during the solicitation, evaluation, or negotiation of a
100- contract;
18+ body and a vendor or contractor, or potential vendor or contractor,
19+ during the solicitation, evaluation, or negotiation of a contract;
10120 (D) documents, including bid tabulations,
10221 showing the criteria by which a governmental body evaluates each
103- vendor, contractor, potential vendor, or potential contractor
104- responding to a solicitation and, if applicable, an explanation of
105- why the vendor or contractor was selected; and
22+ vendor or contractor responding to a solicitation and, if
23+ applicable, an explanation of why the vendor or contractor was
24+ selected; and
10625 (E) communications and other information sent
10726 between a governmental body and a vendor or contractor related to
108- the performance of a final contract with the governmental body or
109- work performed on behalf of the governmental body.
27+ the performance of a final contract or work performed on behalf of
28+ the governmental body.
11029 SECTION 2. Subchapter B, Chapter 552, Government Code, is
11130 amended by adding Section 552.0222 to read as follows:
112- Sec. 552.0222. DISCLOSURE OF CONTRACTING INFORMATION. (a)
31+ Sec. 552.0222. DISCLOSURE OF CONTRACTING INFORMATION.
11332 Contracting information is public and must be released unless
114- excepted from disclosure.
115- (b) The exceptions to disclosure provided by Sections
116- 552.110 and 552.1101 do not apply to the following types of
117- contracting information:
118- (1) a contract described by Section 2261.253(a),
119- subject to Subsection (e) of that section;
120- (2) a contract described by Section 322.020(c),
121- subject to Subsection (d) of that section;
122- (3) the following contract or offer terms or their
123- functional equivalent:
124- (A) any term describing the overall or total
125- price the governmental body will or could potentially pay,
126- including overall or total value, maximum liability, and final
127- price;
128- (B) a description of the items or services to be
129- delivered with the total price for each if a total price is
130- identified for the item or service in the contract;
131- (C) the delivery and service deadlines;
132- (D) the remedies for breach of contract;
133- (E) the identity of all parties to the contract;
134- (F) the identity of all subcontractors in a
135- contract;
136- (G) the affiliate overall or total pricing for a
137- vendor, contractor, potential vendor, or potential contractor;
138- (H) the execution dates;
139- (I) the effective dates; and
140- (J) the contract duration terms, including any
141- extension options; or
142- (4) information indicating whether a vendor,
143- contractor, potential vendor, or potential contractor performed
144- its duties under a contract, including information regarding:
145- (A) a breach of contract;
146- (B) a contract variance or exception;
147- (C) a remedial action;
148- (D) an amendment to a contract;
149- (E) any assessed or paid liquidated damages;
150- (F) a key measures report;
151- (G) a progress report; and
152- (H) a final payment checklist.
153- (c) Notwithstanding Subsection (b), information described
154- by Subdivisions (3)(A) and (B) of that subsection that relates to a
155- retail electricity contract may not be disclosed until the delivery
156- start date.
33+ specially excepted from disclosure under Section 552.1101 or
34+ another provision of this chapter.
15735 SECTION 3. Section 552.104(a), Government Code, is amended
15836 to read as follows:
15937 (a) Information is excepted from the requirements of
16038 Section 552.021 if a governmental body demonstrates that release of
16139 the [it is] information [that, if released,] would harm its
16240 interests by providing an [give] advantage to a competitor or
16341 bidder in a particular ongoing competitive situation or in a
16442 particular competitive situation where the governmental body
165- establishes the situation at issue is set to reoccur or there is a
166- specific and demonstrable intent to enter into the competitive
43+ establishes the situation at issue is of a recurring nature or there
44+ is a specific and demonstrable intent to enter into the competitive
16745 situation again in the future.
168- SECTION 4. Section 552.110, Government Code, is amended to
169- read as follows:
170- Sec. 552.110. EXCEPTION: CONFIDENTIALITY OF TRADE
171- SECRETS; CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL
172- INFORMATION. (a) In this section, "trade secret" means all forms
173- and types of information, including business, scientific,
174- technical, economic, or engineering information, and any formula,
175- design, prototype, pattern, plan, compilation, program device,
176- program, code, device, method, technique, process, procedure,
177- financial data, or list of actual or potential customers or
178- suppliers, whether tangible or intangible and whether or however
179- stored, compiled, or memorialized physically, electronically,
180- graphically, photographically, or in writing if:
181- (1) the owner of the trade secret has taken reasonable
182- measures under the circumstances to keep the information secret;
183- and
184- (2) the information derives independent economic
185- value, actual or potential, from not being generally known to, and
186- not being readily ascertainable through proper means by, another
187- person who can obtain economic value from the disclosure or use of
188- the information.
189- (b) Except as provided by Section 552.0222, information [A
190- trade secret obtained from a person and privileged or confidential
191- by statute or judicial decision] is excepted from the requirements
192- of Section 552.021 if it is demonstrated based on specific factual
193- evidence that the information is a trade secret.
194- (c) Except as provided by Section 552.0222, commercial
195- [(b) Commercial] or financial information for which it is
196- demonstrated based on specific factual evidence that disclosure
197- would cause substantial competitive harm to the person from whom
198- the information was obtained is excepted from the requirements of
199- Section 552.021.
200- SECTION 5. Subchapter C, Chapter 552, Government Code, is
46+ SECTION 4. Subchapter C, Chapter 552, Government Code, is
20147 amended by adding Section 552.1101 to read as follows:
20248 Sec. 552.1101. EXCEPTION: CONFIDENTIALITY OF PROPRIETARY
203- INFORMATION. (a) Except as provided by Section 552.0222,
204- information submitted to a governmental body by a vendor,
205- contractor, potential vendor, or potential contractor in response
206- to a request for a bid, proposal, or qualification is excepted from
207- the requirements of Section 552.021 if the vendor, contractor,
208- potential vendor, or potential contractor that the information
209- relates to demonstrates based on specific factual evidence that
210- disclosure of the information would:
211- (1) reveal an individual approach to:
212- (A) work;
213- (B) organizational structure;
214- (C) staffing;
215- (D) internal operations;
216- (E) processes; or
217- (F) discounts, pricing methodology, pricing per
218- kilowatt hour, cost data, or other pricing information that will be
219- used in future solicitation or bid documents; and
220- (2) give advantage to a competitor.
49+ INFORMATION. (a) Contracting information is excepted from the
50+ requirements of Section 552.021 if the vendor or contractor or
51+ potential vendor or contractor to whom the information relates
52+ demonstrates that disclosure of the information would:
53+ (1) reveal an individual approach to work,
54+ organizational structure, staffing, line-item pricing, pricing
55+ information that will be used in future solicitation or bid
56+ documents, or internal operations; and
57+ (2) cause competitive harm to the vendor or contractor
58+ or potential vendor or contractor if released.
22159 (b) The exception to disclosure provided by Subsection (a)
222- does not apply to:
223- (1) information in a voucher or contract relating to
224- the receipt or expenditure of public funds by a governmental body;
225- or
226- (2) communications and other information sent between
227- a governmental body and a vendor or contractor related to the
228- performance of a final contract with the governmental body or work
229- performed on behalf of the governmental body.
60+ does not apply to contracting information related to:
61+ (1) a contract described by Section 2261.253(a),
62+ subject to Subsection (e) of that section;
63+ (2) a contract described by Section 322.020(c),
64+ subject to Subsection (d) of that section;
65+ (3) the following contract or offer terms or their
66+ functional equivalent:
67+ (A) the overall or total price, overall or total
68+ value, maximum liability, or other contract term that describes the
69+ total consideration the governmental body will or could potentially
70+ pay;
71+ (B) a description of the items or services to be
72+ delivered;
73+ (C) the delivery and service deadlines;
74+ (D) the remedies for breach of contract;
75+ (E) the identity of all parties to the contract;
76+ (F) the identity of all subcontractors;
77+ (G) the vendor or contractor or potential vendor
78+ or contractor affiliate overall or total pricing;
79+ (H) the execution dates;
80+ (I) the effective dates; and
81+ (J) the contract duration terms; or
82+ (4) information indicating whether a vendor or
83+ contractor or potential vendor or contractor performed its duties
84+ under a contract, including information regarding:
85+ (A) a breach of contract;
86+ (B) a contract variance;
87+ (C) a remedial action;
88+ (D) an amendment to a contract;
89+ (E) any assessed or paid liquidated damages;
90+ (F) a key measures report;
91+ (G) a progress report; and
92+ (H) a final payment checklist.
23093 (c) The exception to disclosure provided by Subsection (a)
231- may be asserted only by a vendor, contractor, potential vendor, or
232- potential contractor in the manner described by Section 552.305(b)
233- for the purpose of protecting the interests of the vendor,
234- contractor, potential vendor, or potential contractor. A
235- governmental body shall decline to release information as provided
236- by Section 552.305(a) to the extent necessary to allow a vendor,
237- contractor, potential vendor, or potential contractor to assert the
94+ may be asserted only by a vendor or contractor in the manner
95+ described by Section 552.305(b) for the purpose of protecting the
96+ vendor or contractor's interests. A governmental body shall
97+ decline to release information as provided by Section 552.305(a) to
98+ the extent necessary to allow a vendor or contractor to assert the
23899 exception to disclosure provided by Subsection (a).
239- SECTION 6. Section 552.131, Government Code, is amended by
240- adding Subsection (b-1) to read as follows:
241- (b-1) An economic development entity whose mission or
242- purpose is to develop and promote the economic growth of a state
243- agency or political subdivision with which the entity contracts may
244- assert the exceptions under this section in the manner described by
245- Section 552.305(b) with respect to information that is in the
246- economic development entity's custody or control.
247- SECTION 7. Sections 552.305(a) and (d), Government Code,
100+ SECTION 5. Sections 552.305(a) and (d), Government Code,
248101 are amended to read as follows:
249102 (a) In a case in which information is requested under this
250103 chapter and a person's privacy or property interests may be
251104 involved, including a case under Section 552.101, [552.104,]
252- 552.110, 552.1101, [or] 552.114, 552.131, or 552.143, a
253- governmental body may decline to release the information for the
254- purpose of requesting an attorney general decision.
105+ 552.110, 552.1101, or 552.114, a governmental body may decline to
106+ release the information for the purpose of requesting an attorney
107+ general decision.
255108 (d) If release of a person's proprietary information may be
256109 subject to exception under Section 552.101, 552.110, 552.1101,
257- 552.113, [or] 552.131, or 552.143, the governmental body that
258- requests an attorney general decision under Section 552.301 shall
259- make a good faith attempt to notify that person of the request for
260- the attorney general decision. Notice under this subsection must:
110+ 552.113, or 552.131, the governmental body that requests an
111+ attorney general decision under Section 552.301 shall make a good
112+ faith attempt to notify that person of the request for the attorney
113+ general decision. Notice under this subsection must:
261114 (1) be in writing and sent within a reasonable time not
262115 later than the 10th business day after the date the governmental
263116 body receives the request for the information; and
264117 (2) include:
265118 (A) a copy of the written request for the
266119 information, if any, received by the governmental body; and
267120 (B) a statement, in the form prescribed by the
268121 attorney general, that the person is entitled to submit in writing
269122 to the attorney general within a reasonable time not later than the
270123 10th business day after the date the person receives the notice:
271124 (i) each reason the person has as to why the
272125 information should be withheld; and
273126 (ii) a letter, memorandum, or brief in
274127 support of that reason.
275- SECTION 8. Section 552.321, Government Code, is amended by
128+ SECTION 6. Section 552.321, Government Code, is amended by
276129 adding Subsection (c) to read as follows:
277130 (c) A requestor may file suit for a writ of mandamus
278131 compelling a governmental body or an entity to comply with the
279132 requirements of Subchapter J.
280- SECTION 9. Chapter 552, Government Code, is amended by
133+ SECTION 7. Chapter 552, Government Code, is amended by
281134 adding Subchapter J to read as follows:
282135 SUBCHAPTER J. ADDITIONAL PROVISIONS RELATED TO CONTRACTING
283136 INFORMATION
284- Sec. 552.371. CERTAIN ENTITIES REQUIRED TO PROVIDE
285- CONTRACTING INFORMATION TO GOVERNMENTAL BODY IN CONNECTION WITH
286- REQUEST. (a) This section applies to an entity that executes a
287- contract with a governmental body that includes the receipt or
288- expenditure of at least $1 million in public funds for the purchase
289- of goods or services.
137+ Sec. 552.371. CERTAIN ENTITIES SUBJECT TO LAW. (a) This
138+ section applies only to the following entities:
139+ (1) a confinement facility operated under a contract
140+ with any division of the Texas Department of Criminal Justice;
141+ (2) a civil commitment housing facility owned, leased,
142+ or operated by a vendor under contract with the state as provided by
143+ Chapter 841, Health and Safety Code;
144+ (3) a child-care facility and child-placing agency as
145+ those terms are defined by Section 42.002, Human Resources Code;
146+ (4) an entity that receives at least $1 million in
147+ public funds in the current or preceding state fiscal year under one
148+ or more contracts with the Health and Human Services Commission to
149+ manage or provide health care services in the state;
150+ (5) an entity that receives public funds in the
151+ current or preceding state fiscal year to manage the daily
152+ operations or restoration of the Alamo;
153+ (6) an entity that receives at least $1 million in
154+ public funds in the current or preceding state fiscal year and those
155+ public funds account for at least 51 percent of the entity's income
156+ for the applicable current or preceding state fiscal year;
157+ (7) an entity that maintains cash or cash equivalents
158+ received from a state agency or a political subdivision with which
159+ the entity contracts and those public funds constitute at least 51
160+ percent of the entity's net assets; and
161+ (8) an economic development entity whose mission or
162+ purpose is to develop and promote the economic growth of a state
163+ agency or political subdivision with which the entity contracts and
164+ that receives public funds from the state agency or political
165+ subdivision and that:
166+ (A) requires an officer of the state agency or
167+ political subdivision to hold office as a member of the board of
168+ directors of the entity;
169+ (B) uses staff or office space of the state
170+ agency or political subdivision that is not available to the public
171+ without charge;
172+ (C) does not track the entity's receipt and
173+ expenditure of public funds separately from the entity's receipt
174+ and expenditure of private funds; or
175+ (D) does not provide at least quarterly public
176+ reports to the state agency or political subdivision regarding work
177+ performed on behalf of the state agency or political subdivision.
178+ (b) An entity to which this section applies is subject to
179+ this chapter in the same manner as a governmental body for the
180+ limited purpose of the disclosure of contracting information
181+ related to a contract with a governmental entity that is in the
182+ possession or custody of the entity.
183+ (c) An entity to which this section applies may designate on
184+ the Internet website of the entity one mailing address and one
185+ e-mail address for receiving written requests for public
186+ information.
187+ (d) An entity that makes the designations described by
188+ Subsection (c) is not required to respond to a written request for
189+ public information that is not received at one of those addresses.
190+ (e) An entity that does not make the designations described
191+ by Subsection (c) must respond to a written request for public
192+ information received by the entity at:
193+ (1) any valid mailing address of the entity; or
194+ (2) the e-mail address of the chief administrative
195+ officer of the entity.
196+ Sec. 552.372. CERTAIN ENTITIES SUBJECT TO REQUIREMENTS
197+ RELATED TO THE LAW. (a) This section applies to an entity not
198+ described by Section 552.371(a) that executes a contract with a
199+ governmental body for the purchase of goods or services with a value
200+ of at least $1 million in public funds.
290201 (b) This section applies to a written request for public
291202 information received by a governmental body that is a party to a
292203 contract described by Subsection (a) for contracting information
293204 related to the contract that is in the custody or possession of the
294205 entity and not maintained by the governmental body.
295206 (c) A governmental body that receives a written request for
296207 information described by Subsection (b) shall request that the
297208 entity provide the information to the governmental body. The
298209 governmental body must send the request in writing to the entity not
299210 later than the third business day after the date the governmental
300211 body receives the written request described by Subsection (b).
301212 (d) Notwithstanding Section 552.301:
302213 (1) a request for an attorney general's decision under
303214 Section 552.301(b) to determine whether contracting information
304215 subject to a written request described by Subsection (b) falls
305216 within an exception to disclosure under this chapter is considered
306217 timely if made not later than the 13th business day after the date
307218 the governmental body receives the written request described by
308219 Subsection (b);
309220 (2) the statement and copy described by Section
310221 552.301(d) is considered timely if provided to the requestor not
311222 later than the 13th business day after the date the governmental
312223 body receives the written request described by Subsection (b);
313224 (3) a submission described by Section 552.301(e) is
314225 considered timely if submitted to the attorney general not later
315226 than the 18th business day after the date the governmental body
316227 receives the written request described by Subsection (b); and
317228 (4) a copy described by Section 552.301(e-1) is
318229 considered timely if sent to the requestor not later than the 18th
319230 business day after the date the governmental body receives the
320231 written request described by Subsection (b).
321- Sec. 552.372. BIDS AND CONTRACTS. (a) A contract described
322- by Section 552.371 must require a contracting entity to:
232+ Sec. 552.373. BIDS AND CONTRACTS. (a) A contract described
233+ by Section 552.371:
234+ (1) must include a provision that outlines the
235+ responsibilities of the contracting entity under that section;
236+ (2) must include contact information for the office of
237+ the attorney general; and
238+ (3) may not include a provision that has the effect of
239+ limiting a requirement imposed on the contracting entity under this
240+ subchapter.
241+ (b) A contract described by Section 552.372 must require a
242+ contracting entity to:
323243 (1) preserve all contracting information related to
324244 the contract for the duration of the contract;
325245 (2) promptly produce any contracting information
326246 related to the contract that is in the custody or possession of the
327247 entity on request of the governmental body; and
328248 (3) on completion of the contract, either:
329249 (A) provide at no cost to the governmental body
330250 all contracting information related to the contract that is in the
331251 custody or possession of the entity; or
332252 (B) preserve the contracting information related
333253 to the contract as provided by the records retention requirements
334254 applicable to the governmental body.
335- (b) A bid for a contract described by Section 552.371 and
336- the contract must include the following statement: "The
337- requirements of Subchapter J, Chapter 552, Government Code, may
338- apply to this (include "bid" or "contract" as applicable) and the
339- contractor or vendor agrees that the contract can be terminated if
340- the contractor or vendor knowingly or intentionally fails to comply
341- with a requirement of that subchapter."
342- (c) A governmental body may not accept a bid for a contract
343- described by Section 552.371 or award the contract to an entity that
344- the governmental body has determined has knowingly or intentionally
345- failed to comply with this subchapter in a previous bid or contract
346- described by that section unless the governmental body determines
347- and documents that the entity has taken adequate steps to ensure
348- future compliance with the requirements of this subchapter.
349- Sec. 552.373. NONCOMPLIANCE WITH PROVISION OF SUBCHAPTER.
350- A governmental body that is the party to a contract described by
351- Section 552.371 shall provide notice to the entity that is a party
352- to the contract if the entity fails to comply with a requirement of
353- this subchapter applicable to the entity. The notice must:
255+ (c) A bid for a contract described by Section 552.371 or
256+ 552.372 and the contract must include the following statement: "The
257+ contractor or vendor certifies that the individual or business
258+ entity named in this (include "bid" or "contract" as applicable) is
259+ in compliance with the requirements of Subchapter J, Chapter 552,
260+ Government Code, that are applicable to the contractor or vendor
261+ and agrees that the contract can be terminated if the contractor or
262+ vendor fails to comply with a requirement of that subchapter."
263+ (d) A governmental body may not accept a bid for a contract
264+ described by Section 552.371 or 552.372 or award the contract to an
265+ entity that the governmental body has determined has knowingly or
266+ intentionally failed to comply with this subchapter in a previous
267+ bid or contract described by those sections.
268+ Sec. 552.374. NONCOMPLIANCE WITH PROVISION OF SUBCHAPTER.
269+ A governmental entity that is the party to a contract described by
270+ Section 552.371 or 552.372 shall provide notice to the entity that
271+ is a party to the contract if the entity fails to comply with a
272+ requirement of this subchapter applicable to the entity. The notice
273+ must:
354274 (1) be in writing;
355275 (2) state the requirement of this subchapter that the
356276 entity has violated; and
357277 (3) advise the entity that the governmental body may
358278 terminate the contract without further obligation to the entity if
359- the entity does not cure the violation on or before the 10th
360- business day after the date the governmental body provides the
279+ the entity does not cure the violation on or before the third
280+ business day after the date the governmental entity provides the
361281 notice.
362- Sec. 552.374. TERMINATION OF CONTRACT FOR NONCOMPLIANCE.
282+ Sec. 552.375. TERMINATION OF CONTRACT FOR NONCOMPLIANCE.
363283 (a) A governmental body may terminate a contract described by
364- Section 552.371 if:
284+ Section 552.371 or 552.372 if:
365285 (1) the governmental body provides notice under
366- Section 552.373 to the entity that is party to the contract;
286+ Section 552.374 to the entity that is party to the contract;
367287 (2) the contracting entity does not cure the violation
368- in the period prescribed by Section 552.373;
288+ in the period prescribed by Section 552.374;
369289 (3) the governmental body determines that the
370290 contracting entity has intentionally or knowingly failed to comply
371291 with a requirement of this subchapter; and
372292 (4) the governmental body determines that the entity
373293 has not taken adequate steps to ensure future compliance with the
374294 requirements of this subchapter.
375295 (b) For the purpose of Subsection (a), an entity has taken
376296 adequate steps to ensure future compliance with this subchapter if:
377297 (1) the entity produces contracting information
378298 requested by the governmental body that is in the custody or
379- possession of the entity not later than the 10th business day after
299+ possession of the entity not later than the third business day after
380300 the date the governmental body makes the request; and
381301 (2) the entity establishes a records management
382302 program to enable the entity to comply with this subchapter.
383- Sec. 552.375. CAUSE OF ACTION NOT CREATED. This subchapter
303+ Sec. 552.376. CAUSE OF ACTION NOT CREATED. This subchapter
384304 does not create a cause of action to contest a bid for or the award
385- of a contract with a governmental body.
386- SECTION 10. The changes in law made by this Act apply only
387- to a request for public information that is received by a
388- governmental body or an officer for public information on or after
389- the effective date of this Act.
390- SECTION 11. Subchapter J, Chapter 552, Government Code, as
305+ of a state contract.
306+ SECTION 8. The changes in law made by this Act apply only to
307+ a request for public information that is received by a governmental
308+ body or an officer for public information on or after the effective
309+ date of this Act.
310+ SECTION 9. Subchapter J, Chapter 552, Government Code, as
391311 added by this Act, applies only to a contract described by that
392312 subchapter that is executed on or after the effective date of this
393313 Act.
394- SECTION 12. This Act takes effect January 1, 2020.
314+ SECTION 10. This Act takes effect January 1, 2020.