Texas 2025 - 89th Regular

Texas House Bill HB4218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2739 BEF-F
2	2	By: Capriglione H.B. No. 4218
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to maintenance and production of electronic public
10	10	information under the public information law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.002(a-2), Government Code, is
13	13	amended to read as follows:
14	14	(a-2) The definition of "public information" provided by
15	15	Subsection (a) applies to and includes:
16	16	(1) any electronic communication created,
17	17	transmitted, received, or maintained on any device if the
18	18	communication is in connection with the transaction of official
19	19	business; and
20	20	(2) a data dictionary or other indicia of the type or
21	21	category of information held in the applicable field of a database,
22	22	other than metadata that directly implicates database security.
23	23	SECTION 2. Subchapter E, Chapter 552, Government Code, is
24	24	amended by adding Section 552.2285 to read as follows:
25	25	Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
26	26	section "electronic public information" means public information
27	27	produced and maintained in an electronic spreadsheet or database
28	28	that is searchable or sortable.
29	29	(b) A governmental body's use of an electronic
30	30	recordkeeping system may not erode the public's right of access to
31	31	public information under this chapter. The content of electronic
32	32	public information, including information described by Section
33	33	552.002(a-2), is significant and not merely a tool used for the
34	34	maintenance, manipulation, or protection of property.
35	35	(c) If a request for public information applies to
36	36	electronic public information and the requestor requests the
37	37	electronic public information in a searchable or sortable format,
38	38	the governmental body shall provide an electronic copy of the
39	39	requested electronic public information in the searchable or
40	40	sortable format requested using computer software the governmental
41	41	body uses to access, support, program, manipulate, or otherwise
42	42	manage the governmental body's information. If the requestor
43	43	prefers, the governmental body shall provide a copy of electronic
44	44	public information in the form of a paper printout.
45	45	(d) A governmental body may not refuse to provide a copy of
46	46	electronic public information on the grounds that exporting the
47	47	information or redacting excepted information will require
48	48	inputting range, search, filter, report parameters, or similar
49	49	commands or instructions into the governmental body's computer
50	50	system if the commands or instructions can be executed with
51	51	computer software the governmental body uses in the ordinary course
52	52	of business to access, support, or otherwise manage the
53	53	information.
54	54	(e) A requestor may request that a copy of electronic public
55	55	information be provided in the format in which the governmental
56	56	body maintains information or in a standard export format such as a
57	57	flat file electronic American Standard Code for Information
58	58	Interchange (ASCII) if the computer programs the governmental body
59	59	uses support exporting the information in that format. The
60	60	governmental body shall provide the copy:
61	61	(1) in the requested format or in another format
62	62	acceptable to the requestor; and
63	63	(2) on suitable electronic media.
64	64	(f) If electronic public information is maintained by a
65	65	governmental body in a format that is:
66	66	(1) searchable but not sortable, the governmental body
67	67	shall provide an electronic copy of the information in a searchable
68	68	format that complies with this section; or
69	69	(2) sortable, the governmental body shall provide an
70	70	electronic copy of the information in a sortable format that
71	71	complies with this section.
72	72	(g) A governmental body shall use reasonable efforts to
73	73	ensure that a contract the governmental body enters into for the
74	74	creation and maintenance of electronic public information does not
75	75	impair the public's ability to inspect or copy the information or
76	76	make the information more difficult for the public to inspect or
77	77	copy than records the governmental body maintains.
78	78	(h) This section applies to public information for which a
79	79	third party is the custodian for the governmental body.
80	80	(i) This section does not affect the applicability to
81	81	electronic public information of a confidentiality provision or
82	82	other exception from required disclosure.
83	83	(j) Subchapter F applies to an electronic copy or paper
84	84	printout of electronic public information.
85	85	SECTION 3. Section 118.011(e), Local Government Code, is
86	86	amended to read as follows:
87	87	(e) A county clerk who provides a copy in a format other than
88	88	paper of a record maintained by the clerk shall provide the copy and
89	89	charge a fee in accordance with Section [Sections 552.231 and]
90	90	552.262, Government Code.
91	91	SECTION 4. Section 552.231, Government Code, is repealed.
92	92	SECTION 5. The changes in law made by this Act apply only to
93	93	a request for public information received on or after the effective
94	94	date of this Act.
95	95	SECTION 6. This Act takes effect September 1, 2025.