Texas 2021 - 87th Regular

Texas House Bill HB1810 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19761 BEF-F
2	2		By: Capriglione H.B. No. 1810
	3	+	Substitute the following for H.B. No. 1810:
	4	+	By: Paddie C.S.H.B. No. 1810
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to maintenance and production of electronic public
8	10		information under the public information law.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 552.002(a-2), Government Code, is
11	13		amended to read as follows:
12	14		(a-2) The definition of "public information" provided by
13	15		Subsection (a) applies to and includes:
14	16		(1) any electronic communication created,
15	17		transmitted, received, or maintained on any device if the
16	18		communication is in connection with the transaction of official
17	19		business; and
18	20		(2) a data dictionary or other indicia of the type or
19	21		category of information held in the applicable field of a database,
20	22		other than metadata that directly implicates database security.
21	23		SECTION 2. Subchapter E, Chapter 552, Government Code, is
22	24		amended by adding Section 552.2285 to read as follows:
23	25		Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
24	26		section "electronic public information" means public information
25	27		that is produced and maintained in an electronic spreadsheet or
26	28		database that is searchable or sortable.
27	29		(b) A governmental body's use of an electronic
28	30		recordkeeping system may not erode the public's right of access to
29	31		public information under this chapter. The contents of electronic
30	32		public information, including information covered by Section
31	33		552.002(a-2), is significant and not merely used as a tool for the
32	34		maintenance, manipulation, or protection of property.
33	35		(c) If a request for public information applies to
34	36		electronic public information and the requestor requests the
35	37		electronic public information in a searchable or sortable format,
36	38		the governmental body shall provide an electronic copy of the
37	39		requested electronic public information in the searchable or
38	40		sortable format requested using computer software the governmental
39	41		body uses to access, support, program, manipulate, or otherwise
40	42		manage the governmental body's information. If the requestor
41	43		prefers, the governmental body shall provide a copy of electronic
42	44		public information in the form of a paper printout.
43	45		(d) A governmental body may not refuse to provide a copy of
44	46		electronic public information on the grounds that exporting the
45	47		information or redacting excepted information will require
46	48		inputting range, search, filter, report parameters, or similar
47	49		commands or instructions into the governmental body's computer
48	50		system if the commands or instructions can be executed with
49	51		computer software used by the governmental body in the ordinary
50	52		course of business to access, support, or otherwise manage the
51	53		information.
52	54		(e) A requestor may request that a copy of electronic public
53	55		information be provided in the format in which the information is
54	56		maintained by the governmental body or in a standard export format
55	57		such as a flat file electronic American Standard Code for
56	58		Information Interchange (ASCII) if the computer programs used by
57	59		the governmental body support exporting the information in that
58	60		format. The governmental body shall provide the copy in the
59	61		requested format or in another format acceptable to the requestor.
60	62		The governmental body shall provide the copy on suitable electronic
61	63		media.
62	64		(f) If electronic public information is maintained by a
63	65		governmental body in a format that is:
64	66		(1) searchable but not sortable, the governmental body
65	67		shall provide an electronic copy of the information in a searchable
66	68		format that complies with this section; or
67	69		(2) sortable, the governmental body shall provide an
68	70		electronic copy of the information in a sortable format that
69	71		complies with this section.
70	72		(g) A governmental body shall use reasonable efforts to
71	73		ensure that a contract entered into by the governmental body for the
72	74		creation and maintenance of electronic public information does not
73	75		impair the public's ability to inspect or copy the information or
74	76		make the information more difficult for the public to inspect or
75	77		copy than records maintained by the governmental body.
76	78		(h) This section applies to public information for which a
77	79		third party is the custodian for the governmental body.
78	80		(i) This section does not affect the applicability to
79	81		electronic public information of a confidentiality provision or
80	82		other exception from required disclosure.
81	83		(j) Subchapter F applies to an electronic copy or paper
82	84		printout of electronic public information.
83	85		SECTION 3. Section 118.011(e), Local Government Code, is
84	86		amended to read as follows:
85	87		(e) A county clerk who provides a copy in a format other than
86	88		paper of a record maintained by the clerk shall provide the copy and
87	89		charge a fee in accordance with Section [Sections 552.231 and]
88	90		552.262, Government Code.
89	91		SECTION 4. Section 552.231, Government Code, is repealed.
90	92		SECTION 5. The changes in law made by this Act apply only to
91	93		a request for public information received on or after the effective
92	94		date of this Act.
93	95		SECTION 6. This Act takes effect September 1, 2021.