Texas 2023 - 88th Regular

Texas House Bill HB2492 Compare Versions

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Version 2 (New)

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1	1	88R4489 TJB-D
2	2	By: Capriglione H.B. No. 2492
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure of certain contracting information under
8	8	the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.003(1-a), Government Code, is
11	11	amended to read as follows:
12	12	(1-a) "Contracting information" means the following
13	13	information maintained by a governmental body or sent between a
14	14	governmental body and a vendor, contractor, potential vendor, or
15	15	potential contractor:
16	16	(A) information in a voucher, [or] contract, or
17	17	financial document relating to the receipt or expenditure of public
18	18	funds by a governmental body;
19	19	(B) solicitation or bid documents relating to a
20	20	contract with a governmental body;
21	21	(C) communications sent between a governmental
22	22	body and a vendor, contractor, potential vendor, or potential
23	23	contractor during the solicitation, evaluation, or negotiation of a
24	24	contract;
25	25	(D) documents, including bid tabulations,
26	26	showing the criteria by which a governmental body evaluates each
27	27	vendor, contractor, potential vendor, or potential contractor
28	28	responding to a solicitation and, if applicable, an explanation of
29	29	why the vendor or contractor was selected; and
30	30	(E) communications and other information sent
31	31	between a governmental body and a vendor or contractor related to
32	32	the performance of a final contract with the governmental body or
33	33	work performed on behalf of the governmental body.
34	34	SECTION 2. Section 552.0222, Government Code, is amended by
35	35	amending Subsection (b) and adding Subsections (d), (e), and (f) to
36	36	read as follows:
37	37	(b) The exceptions to disclosure provided by Sections
38	38	552.104, 552.108, 552.110, and 552.1101 do not apply to the
39	39	following types of contracting information:
40	40	(1) a contract described by Section 2261.253(a),
41	41	excluding any information that was properly redacted under
42	42	Subsection (e) of that section;
43	43	(2) a contract described by Section 322.020(c),
44	44	excluding any information that was properly redacted under
45	45	Subsection (d) of that section;
46	46	(3) the following contract or offer terms or their
47	47	functional equivalent:
48	48	(A) any term describing the overall or total
49	49	price the governmental body will or could potentially pay,
50	50	including overall or total value, maximum liability, and final
51	51	price;
52	52	(B) a description of the items or services to be
53	53	delivered with the total price for each if a total price is
54	54	identified for the item or service in the contract;
55	55	(C) the delivery and service deadlines;
56	56	(D) the remedies for breach of contract;
57	57	(E) the identity of all parties to the contract;
58	58	(F) the identity of all subcontractors in a
59	59	contract;
60	60	(G) the affiliate overall or total pricing for a
61	61	vendor, contractor, potential vendor, or potential contractor,
62	62	including operating costs;
63	63	(H) the execution dates;
64	64	(I) the effective dates; and
65	65	(J) the contract duration terms, including any
66	66	extension options; [or]
67	67	(4) information indicating whether a vendor,
68	68	contractor, potential vendor, or potential contractor performed
69	69	its duties under a contract, including information regarding:
70	70	(A) a breach of contract;
71	71	(B) a contract variance or exception;
72	72	(C) a remedial action;
73	73	(D) an amendment to a contract;
74	74	(E) any assessed or paid liquidated damages;
75	75	(F) a key measures report;
76	76	(G) a progress report; and
77	77	(H) a final payment checklist; or
78	78	(5) communications and other information sent between
79	79	a governmental body and a vendor, contractor, potential vendor, or
80	80	potential contractor concerning information described by this
81	81	subsection.
82	82	(d) Section 552.305(a) does not apply to information
83	83	subject to disclosure under Subsection (b). A governmental body
84	84	may not decline to release information subject to disclosure under
85	85	Subsection (b) in order to allow a vendor, contractor, potential
86	86	vendor, or potential contractor to assert an exception to
87	87	disclosure listed in that subsection.
88	88	(e) A governmental body shall release information subject
89	89	to disclosure under Subsection (b) in unredacted form, even if the
90	90	governmental body has or will request a decision from the attorney
91	91	general under Subchapter G regarding other information subject to
92	92	the request.
93	93	(f) Notwithstanding another provision of this chapter, a
94	94	governmental body may not request an attorney general's decision
95	95	under Subchapter G regarding information subject to disclosure
96	96	under Subsection (b).
97	97	SECTION 3. Section 552.104(a), Government Code, is amended
98	98	to read as follows:
99	99	(a) Except as provided by Section 552.0222, information
100	100	[Information] is excepted from the requirements of Section 552.021
101	101	if a governmental body demonstrates that release of the information
102	102	would harm its interests by providing a substantial [an] advantage
103	103	to a competitor or bidder in a particular ongoing competitive
104	104	situation or in a particular competitive situation where the
105	105	governmental body establishes the situation at issue is set to
106	106	reoccur or there is a specific and demonstrable intent to enter into
107	107	the competitive situation again in the future.
108	108	SECTION 4. Sections 552.108(a) and (b), Government Code,
109	109	are amended to read as follows:
110	110	(a) Except as provided by Section 552.0222, information
111	111	[Information] held by a law enforcement agency or prosecutor that
112	112	deals with the detection, investigation, or prosecution of crime is
113	113	excepted from the requirements of Section 552.021 if:
114	114	(1) release of the information would interfere with
115	115	the detection, investigation, or prosecution of crime;
116	116	(2) it is information that deals with the detection,
117	117	investigation, or prosecution of crime only in relation to an
118	118	investigation that did not result in conviction or deferred
119	119	adjudication;
120	120	(3) it is information relating to a threat against a
121	121	peace officer or detention officer collected or disseminated under
122	122	Section 411.048; or
123	123	(4) it is information that:
124	124	(A) is prepared by an attorney representing the
125	125	state in anticipation of or in the course of preparing for criminal
126	126	litigation; or
127	127	(B) reflects the mental impressions or legal
128	128	reasoning of an attorney representing the state.
129	129	(b) Except as provided by Section 552.0222, an [An] internal
130	130	record or notation of a law enforcement agency or prosecutor that is
131	131	maintained for internal use in matters relating to law enforcement
132	132	or prosecution is excepted from the requirements of Section 552.021
133	133	if:
134	134	(1) release of the internal record or notation would
135	135	interfere with law enforcement or prosecution;
136	136	(2) the internal record or notation relates to law
137	137	enforcement only in relation to an investigation that did not
138	138	result in conviction or deferred adjudication; or
139	139	(3) the internal record or notation:
140	140	(A) is prepared by an attorney representing the
141	141	state in anticipation of or in the course of preparing for criminal
142	142	litigation; or
143	143	(B) reflects the mental impressions or legal
144	144	reasoning of an attorney representing the state.
145	145	SECTION 5. Sections 552.1101(a) and (c), Government Code,
146	146	are amended to read as follows:
147	147	(a) Except as provided by Section 552.0222, information
148	148	submitted to a governmental body by a vendor, contractor, potential
149	149	vendor, or potential contractor in response to a request for a bid,
150	150	proposal, or qualification is excepted from the requirements of
151	151	Section 552.021 if the vendor, contractor, potential vendor, or
152	152	potential contractor that the information relates to demonstrates
153	153	based on specific factual evidence that disclosure of the
154	154	information would:
155	155	(1) reveal an individual approach to:
156	156	(A) work;
157	157	(B) organizational structure;
158	158	(C) staffing;
159	159	(D) internal operations;
160	160	(E) processes; or
161	161	(F) discounts, pricing methodology, pricing per
162	162	kilowatt hour, cost data, or other pricing information that will be
163	163	used in future solicitation or bid documents; and
164	164	(2) give a substantial advantage to a competitor.
165	165	(c) The exception to disclosure provided by Subsection (a)
166	166	may be asserted only by a vendor, contractor, potential vendor, or
167	167	potential contractor in the manner described by Section 552.305(b)
168	168	for the purpose of protecting the interests of the vendor,
169	169	contractor, potential vendor, or potential contractor. A
170	170	governmental body shall decline to release information as provided
171	171	by Section 552.305(a), unless the information is subject to
172	172	disclosure under Section 552.0222(b), to the extent necessary to
173	173	allow a vendor, contractor, potential vendor, or potential
174	174	contractor to assert the exception to disclosure provided by
175	175	Subsection (a).
176	176	SECTION 6. Section 321.3022(f), Tax Code, is repealed.
177	177	SECTION 7. The changes in law made by this Act apply only to
178	178	a request for public information that is received by a governmental
179	179	body or an officer for public information on or after the effective
180	180	date of this Act.
181	181	SECTION 8. This Act takes effect September 1, 2023.