Texas 2021 - 87th Regular

Texas Senate Bill SB729 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5664 BEF-F
2	2	By: Johnson S.B. No. 729
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to maintenance and production of electronic public
8	8	information under the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.002(a-2), Government Code, is
11	11	amended to read as follows:
12	12	(a-2) The definition of "public information" provided by
13	13	Subsection (a) applies to and includes:
14	14	(1) any electronic communication created,
15	15	transmitted, received, or maintained on any device if the
16	16	communication is in connection with the transaction of official
17	17	business; and
18	18	(2) data dictionaries and other indicia of the type or
19	19	category of information held in each field of a database.
20	20	SECTION 2. Subchapter E, Chapter 552, Government Code, is
21	21	amended by adding Section 552.2285 to read as follows:
22	22	Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
23	23	section "electronic public information" means public information
24	24	that is produced and maintained in an electronic spreadsheet or
25	25	database that is searchable or sortable.
26	26	(b) A governmental body's use of an electronic
27	27	recordkeeping system may not erode the public's right of access to
28	28	public information under this chapter. The contents of electronic
29	29	public information, including information covered by Section
30	30	552.002(a-2), is significant and not merely used as a tool for the
31	31	maintenance, manipulation, or protection of property.
32	32	(c) If a request for public information applies to
33	33	electronic public information and the requestor requests the
34	34	electronic public information in a searchable or sortable format,
35	35	the governmental body shall provide an electronic copy of the
36	36	requested electronic public information in the searchable or
37	37	sortable format requested using computer software the governmental
38	38	body has in its possession. If the requestor prefers, the
39	39	governmental body shall provide a copy of electronic public
40	40	information in the form of a paper printout.
41	41	(d) A governmental body may not refuse to provide a copy of
42	42	electronic public information on the grounds that exporting the
43	43	information or redacting excepted information will require
44	44	inputting range, search, filter, report parameters, or similar
45	45	commands or instructions into the governmental body's computer
46	46	system if the commands or instructions can be executed with
47	47	computer software used by the governmental body in the ordinary
48	48	course of business to access, support, or otherwise manage the
49	49	information.
50	50	(e) A requestor may request that a copy of electronic public
51	51	information be provided in the format in which the information is
52	52	maintained by the governmental body or in a standard export format
53	53	such as a flat file electronic American Standard Code for
54	54	Information Interchange (ASCII) if the governmental body's
55	55	computer programs support exporting the information in that format.
56	56	The governmental body shall provide the copy in the requested
57	57	format or in another format acceptable to the requestor. The
58	58	governmental body shall provide the copy on suitable electronic
59	59	media.
60	60	(f) If electronic public information is maintained by a
61	61	governmental body in a format that is:
62	62	(1) searchable but not sortable, the governmental body
63	63	shall provide an electronic copy of the information in a searchable
64	64	format that complies with this section; or
65	65	(2) sortable, the governmental body shall provide an
66	66	electronic copy of the information in a sortable format that
67	67	complies with this section.
68	68	(g) A governmental body shall use reasonable efforts to
69	69	ensure that a contract entered into by the governmental body for the
70	70	creation and maintenance of electronic public information does not
71	71	impair the public's ability to inspect or copy the information or
72	72	make the information more difficult for the public to inspect or
73	73	copy than records maintained by the governmental body.
74	74	(h) This section applies to public information for which a
75	75	third party is the custodian for the governmental body.
76	76	(i) This section does not affect the applicability to
77	77	electronic public information of a confidentiality provision or
78	78	other exception from required disclosure.
79	79	(j) Subchapter F applies to an electronic copy or paper
80	80	printout of electronic public information.
81	81	SECTION 3. The changes in law made by this Act apply only to
82	82	a request for public information received by a governmental body on
83	83	or after the effective date of this Act. A request received before
84	84	that date is governed by the law in effect when the request was
85	85	received, and the former law is continued in effect for that
86	86	purpose.
87	87	SECTION 4. This Act takes effect September 1, 2021.