Texas 2023 - 88th Regular

Texas House Bill HB2493 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R21661 BEF-F
2	2	By: Capriglione, Talarico, Leo-Wilson, Cook, H.B. No. 2493
3	3	Cain
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to maintenance and production of electronic public
9	9	information under the public information law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 552.002(a-2), Government Code, is
12	12	amended to read as follows:
13	13	(a-2) The definition of "public information" provided by
14	14	Subsection (a) applies to and includes:
15	15	(1) any electronic communication created,
16	16	transmitted, received, or maintained on any device if the
17	17	communication is in connection with the transaction of official
18	18	business; and
19	19	(2) a data dictionary or other indicia of the type or
20	20	category of information held in the applicable field of a database,
21	21	other than metadata that directly implicates database security.
22	22	SECTION 2. Subchapter E, Chapter 552, Government Code, is
23	23	amended by adding Section 552.2285 to read as follows:
24	24	Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
25	25	section "electronic public information" means public information
26	26	that is produced and maintained in an electronic spreadsheet or
27	27	database that is searchable or sortable.
28	28	(b) The use of an electronic recordkeeping system by or for
29	29	a governmental body may not erode the public's right of access to
30	30	public information under this chapter. The contents of electronic
31	31	public information, including information covered by Section
32	32	552.002(a-2), is significant and not merely used as a tool for the
33	33	maintenance, manipulation, or protection of property.
34	34	(c) If a request for public information applies to
35	35	electronic public information and the requestor requests the
36	36	electronic public information in a searchable or sortable format,
37	37	the person responding to the request shall provide an electronic
38	38	copy of the requested electronic public information in the
39	39	searchable or sortable format requested using computer software the
40	40	person uses in the ordinary course of business to access, support,
41	41	program, manipulate, or otherwise manage the governmental body's
42	42	information. If the requestor prefers, the person responding to
43	43	the request shall provide a copy of electronic public information
44	44	in the form of a paper printout.
45	45	(d) A person responding to a request for public information
46	46	may not:
47	47	(1) refuse to provide a copy of electronic public
48	48	information on the grounds that exporting the information or
49	49	redacting excepted information will require searching, sorting, or
50	50	filtering the information with computer software used by the person
51	51	in the ordinary course of business to access, support, or otherwise
52	52	manage the governmental body's information; or
53	53	(2) except for charges specifically authorized by
54	54	rules adopted under Section 552.262, charge the requestor for
55	55	searching, sorting, or filtering the information as provided by
56	56	Subdivision (1).
57	57	(e) A requestor may request that a copy of electronic public
58	58	information be provided in the format in which the information is
59	59	maintained by or for the governmental body or in a standard export
60	60	format such as a flat file electronic American Standard Code for
61	61	Information Interchange (ASCII) if the computer programs used by or
62	62	for the governmental body support exporting the information in that
63	63	format. The person responding to the request shall provide the copy
64	64	in the requested format or in another format acceptable to the
65	65	requestor. The person responding to the request shall provide the
66	66	copy through an electronic transfer such as electronic mail or an
67	67	electronic drop box if possible, or otherwise on suitable
68	68	electronic media.
69	69	(f) If electronic public information is maintained in a
70	70	format that is:
71	71	(1) searchable but not sortable, the person responding
72	72	to the request shall provide an electronic copy of the information
73	73	in a searchable format that complies with this section; or
74	74	(2) sortable, the person responding to the request
75	75	shall provide an electronic copy of the information in a sortable
76	76	format that complies with this section.
77	77	(g) Each party to a contract for the creation and
78	78	maintenance of electronic public information by or for a
79	79	governmental body shall use reasonable efforts to ensure the
80	80	contract does not impair the public's ability to inspect or copy the
81	81	information or make the information more difficult for the public
82	82	to inspect or copy than records maintained by the governmental
83	83	body.
84	84	(h) This section applies to public information for which a
85	85	third party is the custodian for the governmental body.
86	86	(i) This section does not affect the applicability to
87	87	electronic public information of a confidentiality provision or
88	88	other exception from required disclosure.
89	89	(j) Subchapter F applies to an electronic copy or paper
90	90	printout of electronic public information.
91	91	SECTION 3. Section 118.011(e), Local Government Code, is
92	92	amended to read as follows:
93	93	(e) A county clerk who provides a copy in a format other than
94	94	paper of a record maintained by the clerk shall provide the copy and
95	95	charge a fee in accordance with Section [Sections 552.231 and]
96	96	552.262, Government Code.
97	97	SECTION 4. Section 552.231, Government Code, is repealed.
98	98	SECTION 5. The changes in law made by this Act apply only to
99	99	a request for public information received on or after the effective
100	100	date of this Act.
101	101	SECTION 6. This Act takes effect September 1, 2023.