Texas 2023 - 88th Regular

Texas Senate Bill SB45 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R718 BEF-F
2	2	By: Zaffirini S.B. No. 45
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to maintenance and production of electronic public
8	8	information under the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.002(a-2), Government Code, is
11	11	amended to read as follows:
12	12	(a-2) The definition of "public information" provided by
13	13	Subsection (a) applies to and includes:
14	14	(1) any electronic communication created,
15	15	transmitted, received, or maintained on any device if the
16	16	communication is in connection with the transaction of official
17	17	business; and
18	18	(2) a data dictionary or other indicia of the type or
19	19	category of information held in the applicable field of a database,
20	20	other than metadata that directly implicates database security.
21	21	SECTION 2. Subchapter E, Chapter 552, Government Code, is
22	22	amended by adding Section 552.2285 to read as follows:
23	23	Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
24	24	section "electronic public information" means public information
25	25	that is produced and maintained in an electronic spreadsheet or
26	26	database that is searchable or sortable.
27	27	(b) A governmental body's use of an electronic
28	28	recordkeeping system may not erode the public's right of access to
29	29	public information under this chapter. The contents of electronic
30	30	public information, including information described by Section
31	31	552.002(a-2), is significant and not merely used as a tool for the
32	32	maintenance, manipulation, or protection of property.
33	33	(c) If a request for public information applies to
34	34	electronic public information and the requestor requests the
35	35	electronic public information in a searchable or sortable format,
36	36	the governmental body shall provide an electronic copy of the
37	37	requested electronic public information in the searchable or
38	38	sortable format requested using computer software the governmental
39	39	body uses to access, support, program, manipulate, or otherwise
40	40	manage the governmental body's information. If the requestor
41	41	prefers, the governmental body shall provide a copy of electronic
42	42	public information in the form of a paper printout.
43	43	(d) A governmental body may not refuse to provide a copy of
44	44	electronic public information on the grounds that exporting the
45	45	information or redacting excepted information will require
46	46	inputting range, search, filter, report parameters, or similar
47	47	commands or instructions into the governmental body's computer
48	48	system if the commands or instructions can be executed with
49	49	computer software used by the governmental body in the ordinary
50	50	course of business to access, support, or otherwise manage the
51	51	information.
52	52	(e) A requestor may request that a copy of electronic public
53	53	information be provided in the format in which the information is
54	54	maintained by the governmental body or in a standard export format
55	55	such as a flat file electronic American Standard Code for
56	56	Information Interchange (ASCII) if the computer programs used by
57	57	the governmental body support exporting the information in that
58	58	format. The governmental body shall provide the copy in the
59	59	requested format or in another format acceptable to the requestor.
60	60	The governmental body shall provide the copy on suitable electronic
61	61	media.
62	62	(f) If electronic public information is maintained by a
63	63	governmental body in a format that is:
64	64	(1) searchable but not sortable, the governmental body
65	65	shall provide an electronic copy of the information in a searchable
66	66	format that complies with this section; or
67	67	(2) sortable, the governmental body shall provide an
68	68	electronic copy of the information in a sortable format that
69	69	complies with this section.
70	70	(g) A governmental body shall use reasonable efforts to
71	71	ensure that a contract entered into by the governmental body for the
72	72	creation and maintenance of electronic public information does not
73	73	impair the public's ability to inspect or copy the information or
74	74	make the information more difficult for the public to inspect or
75	75	copy than records maintained by the governmental body.
76	76	(h) This section applies to public information for which a
77	77	third party is the custodian for the governmental body.
78	78	(i) This section does not affect the applicability to
79	79	electronic public information of a confidentiality provision or
80	80	other exception from required disclosure.
81	81	(j) Subchapter F applies to an electronic copy or paper
82	82	printout of electronic public information.
83	83	SECTION 3. Section 118.011(e), Local Government Code, is
84	84	amended to read as follows:
85	85	(e) A county clerk who provides a copy in a format other than
86	86	paper of a record maintained by the clerk shall provide the copy and
87	87	charge a fee in accordance with Section [Sections 552.231 and]
88	88	552.262, Government Code.
89	89	SECTION 4. Section 552.231, Government Code, is repealed.
90	90	SECTION 5. The changes in law made by this Act apply only to
91	91	a request for public information received on or after the effective
92	92	date of this Act.
93	93	SECTION 6. This Act takes effect September 1, 2023.