Texas 2021 - 87th Regular

Texas House Bill HB3627

Caption

Relating to the authority of a governmental body impacted by a catastrophe to temporarily suspend the requirements of the public information law.

Impact

The legislation would materially affect how public information laws are enforced during crises, granting leniency to governmental bodies such as local governments, schools, and other public entities. While this may ease immediate burdens in extreme situations, critics raise concerns over potential abuses of this flexibility, which could limit transparency and accountability. The requirement for governmental bodies to notify the attorney general regarding the suspension adds a layer of oversight, albeit in potentially delayed scenarios that can arise during disasters.

Summary

House Bill 3627 aims to provide governmental bodies in Texas with the authority to temporarily suspend the requirements of the public information law during periods of catastrophe. The bill defines 'catastrophe' broadly, encompassing events such as natural disasters (fires, floods, storms), power failures, epidemics, and civil disturbances. It allows for an initial suspension period of up to seven days, which can be extended once for an additional seven days if the governmental body remains significantly impacted by the event. Importantly, it seeks to manage compliance pressures on governmental bodies during emergencies where maintaining information access may be challenging.

Sentiment

The sentiment around HB 3627 appears mixed. Supporters argue that the bill is necessary to ensure that governmental bodies can prioritize safety and effective disaster response without the overhead of compliance with public information requests during critical times. Detractors, however, caution that such a bill can lead to reduced governmental transparency, allowing bodies to operate with less scrutiny when transparency is most essential for public trust. This divergence highlights concerns over balancing public safety and accountability.

Contention

Key points of contention regarding the bill include how the defined 'catastrophe' might enable ambiguities that could be exploited to extend suspensions unnecessarily. Additionally, the concern lies in the potential lack of oversight regarding the suspension of public information laws, as well as the adequacy of the notice requirements to keep the public informed during a disruption. Opponents fear that this could culminate in a transparent government becoming less accessible to the citizens it serves, especially when critical information about public safety is required.

Companion Bills

TX SB1225

Same As Relating to the authority of a governmental body impacted by a catastrophe to temporarily suspend the requirements of the public information law.

Similar Bills

TX SB1225

Relating to the authority of a governmental body impacted by a catastrophe to temporarily suspend the requirements of the public information law.

TX SB494

Relating to certain procedures applicable to meetings under the open meetings law and the disclosure of public information under the public information law in the event of an emergency, urgent public necessity, or catastrophic event.

TX HB3752

Relating to certain procedures applicable to meetings under the open meetings law and the disclosure of public information under the public information law in the event of an emergency, urgent public necessity, or catastrophic event.

TX HB390

Relating to the Internet broadcast or recording of certain open meetings.

TX HB327

Relating to the Internet broadcast or audio recording of certain open meetings.

TX SB341

Relating to the Internet broadcast or audio recording of certain open meetings.

TX HB318

Relating to the Internet broadcast or audio recording of certain open meetings.

TX SB1027

Relating to the Internet broadcast or recording of certain open meetings.