LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 28, 2025 TO: Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2248 by Smithee (relating to the public information law.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Government Code regarding public information law, introducing new requirements for governmental bodies when responding to information requests. The bill would mandate that if no responsive information exists, an agency's public information officer must notify the requester within 10 business days. Additionally, the bill would delineate circumstances in which governmental bodies cannot charge for providing public information. It would also requesters to file complaints with the attorney general when an agency fails to respond. This analysis assume that any costs associated with the bill could be absorbed using existing resources.The bill would set conditions under which a governmental body would be unable to impose a charge for providing a copy of public information. The number of requests for which a governmental entity would be unable to charge a fee for providing a copy of public information and the associated revenue loss to the state is unknown.The bill would direct a court to assess costs of litigation and reasonable attorney fees incurred by an intervening requestor if the intervening requestor substantially prevails in an action under Chapter 552 of the Government Code, The Public Information Act, which establishes the public's right to access government records and documents. The revenue impact of this provision cannot be determined. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 701 Texas Education Agency, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration LBB Staff: b > td > JMc, RStu, THO, NAz, NV
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 28, 2025
TO: Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2248 by Smithee (relating to the public information law.), Committee Report 1st House, Substituted
TO: Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2248 by Smithee (relating to the public information law.), Committee Report 1st House, Substituted
Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB2248 by Smithee (relating to the public information law.), Committee Report 1st House, Substituted
HB2248 by Smithee (relating to the public information law.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code regarding public information law, introducing new requirements for governmental bodies when responding to information requests. The bill would mandate that if no responsive information exists, an agency's public information officer must notify the requester within 10 business days. Additionally, the bill would delineate circumstances in which governmental bodies cannot charge for providing public information. It would also requesters to file complaints with the attorney general when an agency fails to respond. This analysis assume that any costs associated with the bill could be absorbed using existing resources.The bill would set conditions under which a governmental body would be unable to impose a charge for providing a copy of public information. The number of requests for which a governmental entity would be unable to charge a fee for providing a copy of public information and the associated revenue loss to the state is unknown.The bill would direct a court to assess costs of litigation and reasonable attorney fees incurred by an intervening requestor if the intervening requestor substantially prevails in an action under Chapter 552 of the Government Code, The Public Information Act, which establishes the public's right to access government records and documents. The revenue impact of this provision cannot be determined.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 701 Texas Education Agency, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration
242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 701 Texas Education Agency, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration
LBB Staff: b > td > JMc, RStu, THO, NAz, NV
JMc, RStu, THO, NAz, NV