Texas 2019 - 86th Regular

Texas House Bill HB4132 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodriguez, Capriglione H.B. No. 4132
	1	+	86R27814 BEF-D
	2	+	By: Rodriguez H.B. No. 4132
	3	+	Substitute the following for H.B. No. 4132:
	4	+	By: Raymond C.S.H.B. No. 4132
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to maintenance and production of electronic public
7	10		information under the public information law.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Subchapter E, Chapter 552, Government Code, is
10	13		amended by adding Section 552.2285 to read as follows:
11	14		Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
12		-	section, "electronic public information" means public information
13		-	~~that is produced and~~ maintained in an electronic ~~spreadsheet or~~
14		-	database ~~that is searchable or sortable~~.
	15	+	section "electronic public information" means public information
	16	+	maintained in electronic form by a governmental body. The term
	17	+	includes electronic records and data from database fields.
15	18		(b) A governmental body's use of an electronic
16	19		recordkeeping system may not erode the public's right of access to
17	20		public information under this chapter.
18	21		(c) If a request for public information applies to
19		-	electronic public information and the requestor requests the
20		-	electronic public information in a searchable or sortable format,
21		-	the governmental body shall provide an electronic copy of the
22		-	requested electronic public information, in the searchable or
23		-	sortable format requested, using computer software the
24		-	governmental body has in its possession. If the requestor prefers,
25		-	the governmental body shall provide a copy of electronic public
26		-	information in the form of a paper printout.
	22	+	electronic public information, the governmental body shall
	23	+	provide, in the manner described by this section, an electronic
	24	+	copy of the requested electronic public information using computer
	25	+	software the governmental body has in its possession. If the
	26	+	requestor prefers, the governmental body shall provide a copy of
	27	+	electronic public information in the form of a paper printout.
27	28		(d) A governmental body may not refuse to provide a copy of
28	29		electronic public information on the grounds that exporting the
29	30		information or redacting excepted information will require
30	31		inputting range, search, filter, report parameters, or similar
31	32		commands or instructions into the governmental body's computer
32	33		system if the commands or instructions can be executed with
33	34		computer software used by the governmental body in the ordinary
34	35		course of business to access, support, or otherwise manage the
35	36		information.
36	37		(e) A requestor may request that a copy of electronic public
37	38		information be provided in the format in which the information is
38	39		maintained by the governmental body or in a standard export format
39	40		such as a flat file electronic American Standard Code for
40	41		Information Interchange (ASCII) if the governmental body's
41	42		computer programs support exporting the information in that format.
42	43		The governmental body shall provide the copy in the requested
43	44		format or in another format acceptable to the requestor. The
44	45		governmental body shall provide the copy on suitable electronic
45	46		media.
46	47		(f) If electronic public information is maintained by a
47	48		governmental body in a format that is:
48		-	(1) searchable but not sortable, the governmental body
	49	+	(1) neither searchable nor sortable, the governmental
	50	+	body shall provide an electronic copy of the information in a format
	51	+	that complies with this section;
	52	+	(2) searchable but not sortable, the governmental body
49	53		shall provide an electronic copy of the information in a searchable
50	54		format that complies with this section; or
51		-	(2) sortable, the governmental body shall provide an
	55	+	(3) sortable, the governmental body shall provide an
52	56		electronic copy of the information in a sortable format that
53	57		complies with this section.
54	58		(g) A governmental body shall use reasonable efforts to
55	59		ensure that a contract entered into by the governmental body for the
56	60		creation and maintenance of electronic public information does not
57	61		impair the public's ability to inspect or copy the information or
58	62		make the information more difficult for the public to inspect or
59	63		copy than records maintained by the governmental body.
60	64		(h) This section applies to public information for which a
61	65		third party is the custodian for the governmental body.
62	66		(i) This section does not affect the applicability to
63	67		electronic public information of a confidentiality provision or
64	68		other exception from required disclosure.
65	69		(j) Subchapter F applies to an electronic copy or paper
66	70		printout of electronic public information.
67	71		SECTION 2. The changes in law made by this Act apply only to
68	72		a request for public information received by a governmental body on
69	73		or after the effective date of this Act. A request received before
70	74		that date is governed by the law in effect when the request was
71	75		received, and the former law is continued in effect for that
72	76		purpose.
73	77		SECTION 3. This Act takes effect September 1, 2019.