88R4489 TJB-D
By: Capriglione H.B. No. 2492
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain contracting information under
the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.003(1-a), Government Code, is
amended to read as follows:
(1-a) "Contracting information" means the following
information maintained by a governmental body or sent between a
governmental body and a vendor, contractor, potential vendor, or
potential contractor:
(A) information in a voucher, [or] contract, or
financial document relating to the receipt or expenditure of public
funds by a governmental body;
(B) solicitation or bid documents relating to a
contract with a governmental body;
(C) communications sent between a governmental
body and a vendor, contractor, potential vendor, or potential
contractor during the solicitation, evaluation, or negotiation of a
contract;
(D) documents, including bid tabulations,
showing the criteria by which a governmental body evaluates each
vendor, contractor, potential vendor, or potential contractor
responding to a solicitation and, if applicable, an explanation of
why the vendor or contractor was selected; and
(E) communications and other information sent
between a governmental body and a vendor or contractor related to
the performance of a final contract with the governmental body or
work performed on behalf of the governmental body.
SECTION 2. Section 552.0222, Government Code, is amended by
amending Subsection (b) and adding Subsections (d), (e), and (f) to
read as follows:
(b) The exceptions to disclosure provided by Sections
552.104, 552.108, 552.110, and 552.1101 do not apply to the
following types of contracting information:
(1) a contract described by Section 2261.253(a),
excluding any information that was properly redacted under
Subsection (e) of that section;
(2) a contract described by Section 322.020(c),
excluding any information that was properly redacted under
Subsection (d) of that section;
(3) the following contract or offer terms or their
functional equivalent:
(A) any term describing the overall or total
price the governmental body will or could potentially pay,
including overall or total value, maximum liability, and final
price;
(B) a description of the items or services to be
delivered with the total price for each if a total price is
identified for the item or service in the contract;
(C) the delivery and service deadlines;
(D) the remedies for breach of contract;
(E) the identity of all parties to the contract;
(F) the identity of all subcontractors in a
contract;
(G) the affiliate overall or total pricing for a
vendor, contractor, potential vendor, or potential contractor,
including operating costs;
(H) the execution dates;
(I) the effective dates; and
(J) the contract duration terms, including any
extension options; [or]
(4) information indicating whether a vendor,
contractor, potential vendor, or potential contractor performed
its duties under a contract, including information regarding:
(A) a breach of contract;
(B) a contract variance or exception;
(C) a remedial action;
(D) an amendment to a contract;
(E) any assessed or paid liquidated damages;
(F) a key measures report;
(G) a progress report; and
(H) a final payment checklist; or
(5) communications and other information sent between
a governmental body and a vendor, contractor, potential vendor, or
potential contractor concerning information described by this
subsection.
(d) Section 552.305(a) does not apply to information
subject to disclosure under Subsection (b). A governmental body
may not decline to release information subject to disclosure under
Subsection (b) in order to allow a vendor, contractor, potential
vendor, or potential contractor to assert an exception to
disclosure listed in that subsection.
(e) A governmental body shall release information subject
to disclosure under Subsection (b) in unredacted form, even if the
governmental body has or will request a decision from the attorney
general under Subchapter G regarding other information subject to
the request.
(f) Notwithstanding another provision of this chapter, a
governmental body may not request an attorney general's decision
under Subchapter G regarding information subject to disclosure
under Subsection (b).
SECTION 3. Section 552.104(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 552.0222, information
[Information] is excepted from the requirements of Section 552.021
if a governmental body demonstrates that release of the information
would harm its interests by providing a substantial [an] advantage
to a competitor or bidder in a particular ongoing competitive
situation or in a particular competitive situation where the
governmental body establishes the situation at issue is set to
reoccur or there is a specific and demonstrable intent to enter into
the competitive situation again in the future.
SECTION 4. Sections 552.108(a) and (b), Government Code,
are amended to read as follows:
(a) Except as provided by Section 552.0222, information
[Information] held by a law enforcement agency or prosecutor that
deals with the detection, investigation, or prosecution of crime is
excepted from the requirements of Section 552.021 if:
(1) release of the information would interfere with
the detection, investigation, or prosecution of crime;
(2) it is information that deals with the detection,
investigation, or prosecution of crime only in relation to an
investigation that did not result in conviction or deferred
adjudication;
(3) it is information relating to a threat against a
peace officer or detention officer collected or disseminated under
Section 411.048; or
(4) it is information that:
(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
(b) Except as provided by Section 552.0222, an [An] internal
record or notation of a law enforcement agency or prosecutor that is
maintained for internal use in matters relating to law enforcement
or prosecution is excepted from the requirements of Section 552.021
if:
(1) release of the internal record or notation would
interfere with law enforcement or prosecution;
(2) the internal record or notation relates to law
enforcement only in relation to an investigation that did not
result in conviction or deferred adjudication; or
(3) the internal record or notation:
(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
SECTION 5. Sections 552.1101(a) and (c), Government Code,
are amended to read as follows:
(a) Except as provided by Section 552.0222, information
submitted to a governmental body by a vendor, contractor, potential
vendor, or potential contractor in response to a request for a bid,
proposal, or qualification is excepted from the requirements of
Section 552.021 if the vendor, contractor, potential vendor, or
potential contractor that the information relates to demonstrates
based on specific factual evidence that disclosure of the
information would:
(1) reveal an individual approach to:
(A) work;
(B) organizational structure;
(C) staffing;
(D) internal operations;
(E) processes; or
(F) discounts, pricing methodology, pricing per
kilowatt hour, cost data, or other pricing information that will be
used in future solicitation or bid documents; and
(2) give a substantial advantage to a competitor.
(c) The exception to disclosure provided by Subsection (a)
may be asserted only by a vendor, contractor, potential vendor, or
potential contractor in the manner described by Section 552.305(b)
for the purpose of protecting the interests of the vendor,
contractor, potential vendor, or potential contractor. A
governmental body shall decline to release information as provided
by Section 552.305(a), unless the information is subject to
disclosure under Section 552.0222(b), to the extent necessary to
allow a vendor, contractor, potential vendor, or potential
contractor to assert the exception to disclosure provided by
Subsection (a).
SECTION 6. Section 321.3022(f), Tax Code, is repealed.
SECTION 7. The changes in law made by this Act apply only to
a request for public information that is received by a governmental
body or an officer for public information on or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2023.