Texas 2023 - 88th Regular

Texas Senate Bill SB44

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

Caption

Relating to a governmental body's response to a request for public information.

Impact

This legislation has implications for transparency in government operations by establishing clearer expectations for how public information requests are handled. It introduces a mechanism for accountability by allowing requestors to file complaints with the attorney general if governmental bodies fail to respond appropriately. This additional layer of accountability is aimed at ensuring that citizens can access the information that belongs to them more efficiently and effectively, fostering a culture of openness within state and local government entities.

Summary

Senate Bill 44, introduced by Senator Zaffirini, aims to enhance the response protocols of governmental bodies concerning requests for public information. The bill amends the Government Code by adding specific provisions regarding the timeline and requirements for responding to such requests. Notably, it requires that if a governmental body determines it has no responsive information, it must notify the requester in writing within ten business days. Furthermore, if information is withheld under a previous determination, the governmental body must inform the requester about this within the same timeframe, identifying the specific basis for withholding the information.

Sentiment

The sentiment surrounding SB 44 appears to be supportive among advocates for transparency and accountability in government. Proponents argue that the bill strengthens the public's right to know and helps eradicate practices that could lead to administrative evasion of public information laws. Critics, however, may express concerns regarding the potential for increased administrative burden on government offices, suggesting that smaller agencies could struggle to meet the new timelines imposed by the legislation.

Contention

While SB 44 is largely seen favorably in terms of promoting transparency, it also brings forth discussions about the practicality of compliance for smaller governmental bodies. There are considerations regarding the costs and resources needed to implement the required changes in response protocols. Additionally, the bill's requirements concerning training and oversight by the attorney general could be viewed as an overreach by some local agencies, which may argue they are already committed to transparency but need flexibility in managing their workloads.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 552. Public Information
    • Section: 221
    • Section: 301
    • Section: New Section

Companion Bills

No companion bills found.

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