Texas 2023 - 88th Regular

Texas Senate Bill SB43

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to business days for purposes of the public information law.

Impact

The legislation has significant implications for Texas' public transparency laws, particularly regarding the timing and handling of public information requests. By clearly defining business days, the bill is expected to reduce confusion among both governmental entities and the public regarding when requests for information can be processed. This could ultimately expedite responses to public information inquiries or, conversely, create new challenges if governmental bodies designate too many nonbusiness days.

Summary

SB43, introduced by Senator Zaffirini, seeks to clarify the definition of 'business days' within the context of Texas' public information law. The bill stipulates that business days exclude weekends, national holidays, and state holidays, referring to existing statutes under the Government Code. Additionally, it allows governmental bodies to designate up to 10 nonbusiness days each calendar year for their administrative purposes, granted these are communicated publicly via their website. This amendment is intended to streamline operations and enhance clarity around public information requests.

Sentiment

Generally, the sentiment surrounding SB43 appears to be neutral to positive, as it aims to improve clarity and efficiency within governmental processes. Supporters argue that the bill is a necessary adjustment that modernizes the requirements under Texas law and aligns operational definitions with practical realities faced by institutions. However, concerns may arise from transparency advocates who worry about the potential for increased bureaucratic opacity if governmental agencies utilize nonbusiness days to delay responses.

Contention

Key points of contention regarding SB43 could stem from the provision allowing governmental bodies to label certain days as nonbusiness days. Critics might argue that this could lead to abuses of the provision, where agencies could potentially manipulate designations to extend timelines unfairly on public information requests. Moreover, the tension between operational flexibility for agencies and maintaining robust public oversight will likely be a focal point of debate as the bill progresses.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 552. Public Information
    • Section: 0031

Companion Bills

No companion bills found.

Previously Filed As

TX HB1416

Relating to business days for purposes of the public information law.

TX SB925

Relating to the definition of business day for purposes of the public information law.

TX SB1829

Relating to the application of the public information law to chambers of commerce and nonprofit corporations that provide economic services to a governmental body.

TX HB793

Relating to the definition of a governmental body for the purposes of the public information law.

TX SB408

Relating to the definition of a governmental body for the purposes of the public information law.

TX SB933

Relating to the definition of a governmental body for the purposes of the public information law.

TX HB2388

Relating to the definition of a governmental body for the purposes of the public information law.

TX SB758

Relating to the definition of a governmental body for the purposes of the public information law.

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CA AB839

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TX HB2432

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TX HB390

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TX HB327

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

TX SB341

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TX HB318

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