89R2739 BEF-F
By: Capriglione H.B. No. 4218
A BILL TO BE ENTITLED
AN ACT
relating to maintenance and production of electronic public
information under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.002(a-2), Government Code, is
amended to read as follows:
(a-2) The definition of "public information" provided by
Subsection (a) applies to and includes:
(1) any electronic communication created,
transmitted, received, or maintained on any device if the
communication is in connection with the transaction of official
business; and
(2) a data dictionary or other indicia of the type or
category of information held in the applicable field of a database,
other than metadata that directly implicates database security.
SECTION 2. Subchapter E, Chapter 552, Government Code, is
amended by adding Section 552.2285 to read as follows:
Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
section "electronic public information" means public information
produced and maintained in an electronic spreadsheet or database
that is searchable or sortable.
(b) A governmental body's use of an electronic
recordkeeping system may not erode the public's right of access to
public information under this chapter. The content of electronic
public information, including information described by Section
552.002(a-2), is significant and not merely a tool used for the
maintenance, manipulation, or protection of property.
(c) If a request for public information applies to
electronic public information and the requestor requests the
electronic public information in a searchable or sortable format,
the governmental body shall provide an electronic copy of the
requested electronic public information in the searchable or
sortable format requested using computer software the governmental
body uses to access, support, program, manipulate, or otherwise
manage the governmental body's information. If the requestor
prefers, the governmental body shall provide a copy of electronic
public information in the form of a paper printout.
(d) A governmental body may not refuse to provide a copy of
electronic public information on the grounds that exporting the
information or redacting excepted information will require
inputting range, search, filter, report parameters, or similar
commands or instructions into the governmental body's computer
system if the commands or instructions can be executed with
computer software the governmental body uses in the ordinary course
of business to access, support, or otherwise manage the
information.
(e) A requestor may request that a copy of electronic public
information be provided in the format in which the governmental
body maintains information or in a standard export format such as a
flat file electronic American Standard Code for Information
Interchange (ASCII) if the computer programs the governmental body
uses support exporting the information in that format. The
governmental body shall provide the copy:
(1) in the requested format or in another format
acceptable to the requestor; and
(2) on suitable electronic media.
(f) If electronic public information is maintained by a
governmental body in a format that is:
(1) searchable but not sortable, the governmental body
shall provide an electronic copy of the information in a searchable
format that complies with this section; or
(2) sortable, the governmental body shall provide an
electronic copy of the information in a sortable format that
complies with this section.
(g) A governmental body shall use reasonable efforts to
ensure that a contract the governmental body enters into for the
creation and maintenance of electronic public information does not
impair the public's ability to inspect or copy the information or
make the information more difficult for the public to inspect or
copy than records the governmental body maintains.
(h) This section applies to public information for which a
third party is the custodian for the governmental body.
(i) This section does not affect the applicability to
electronic public information of a confidentiality provision or
other exception from required disclosure.
(j) Subchapter F applies to an electronic copy or paper
printout of electronic public information.
SECTION 3. Section 118.011(e), Local Government Code, is
amended to read as follows:
(e) A county clerk who provides a copy in a format other than
paper of a record maintained by the clerk shall provide the copy and
charge a fee in accordance with Section [Sections 552.231 and]
552.262, Government Code.
SECTION 4. Section 552.231, Government Code, is repealed.
SECTION 5. The changes in law made by this Act apply only to
a request for public information received on or after the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2025.