Texas 2023 - 88th Regular

Texas Senate Bill SB965 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R4263 BEF-F
2	2	By: Johnson S.B. No. 965
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) The use of an electronic recordkeeping system by or for
28	28	a governmental body 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 covered 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 person responding to the request shall provide an electronic
37	37	copy of the requested electronic public information in the
38	38	searchable or sortable format requested using computer software the
39	39	person uses in the ordinary course of business to access, support,
40	40	program, manipulate, or otherwise manage the governmental body's
41	41	information. If the requestor prefers, the person responding to
42	42	the request shall provide a copy of electronic public information
43	43	in the form of a paper printout.
44	44	(d) A person responding to a request for public information
45	45	may not:
46	46	(1) refuse to provide a copy of electronic public
47	47	information on the grounds that exporting the information or
48	48	redacting excepted information will require searching, sorting, or
49	49	filtering the information with computer software used by the person
50	50	in the ordinary course of business to access, support, or otherwise
51	51	manage the governmental body's information; or
52	52	(2) charge the requestor for searching, sorting, or
53	53	filtering the information as provided by Subdivision (1).
54	54	(e) A requestor may request that a copy of electronic public
55	55	information be provided in the format in which the information is
56	56	maintained by or for the governmental body or in a standard export
57	57	format such as a flat file electronic American Standard Code for
58	58	Information Interchange (ASCII) if the computer programs used by or
59	59	for the governmental body support exporting the information in that
60	60	format. The person responding to the request shall provide the copy
61	61	in the requested format or in another format acceptable to the
62	62	requestor. The person responding to the request shall provide the
63	63	copy through an electronic transfer such as electronic mail or an
64	64	electronic drop box if possible, or otherwise on suitable
65	65	electronic media.
66	66	(f) If electronic public information is maintained in a
67	67	format that is:
68	68	(1) searchable but not sortable, the person responding
69	69	to the request shall provide an electronic copy of the information
70	70	in a searchable format that complies with this section; or
71	71	(2) sortable, the person responding to the request
72	72	shall provide an electronic copy of the information in a sortable
73	73	format that complies with this section.
74	74	(g) Each party to a contract for the creation and
75	75	maintenance of electronic public information by or for a
76	76	governmental body shall use reasonable efforts to ensure the
77	77	contract does not impair the public's ability to inspect or copy the
78	78	information or make the information more difficult for the public
79	79	to inspect or copy than records maintained by the governmental
80	80	body.
81	81	(h) This section applies to public information for which a
82	82	third party is the custodian for the governmental body.
83	83	(i) This section does not affect the applicability to
84	84	electronic public information of a confidentiality provision or
85	85	other exception from required disclosure.
86	86	(j) Subchapter F applies to an electronic copy or paper
87	87	printout of electronic public information.
88	88	SECTION 3. Section 118.011(e), Local Government Code, is
89	89	amended to read as follows:
90	90	(e) A county clerk who provides a copy in a format other than
91	91	paper of a record maintained by the clerk shall provide the copy and
92	92	charge a fee in accordance with Section [Sections 552.231 and]
93	93	552.262, Government Code.
94	94	SECTION 4. Section 552.231, Government Code, is repealed.
95	95	SECTION 5. The changes in law made by this Act apply only to
96	96	a request for public information received on or after the effective
97	97	date of this Act.
98	98	SECTION 6. This Act takes effect September 1, 2023.