| 2 | 4 | | |
|---|
| 3 | 5 | | |
|---|
| 4 | 6 | | A BILL TO BE ENTITLED |
|---|
| 5 | 7 | | AN ACT |
|---|
| 6 | 8 | | relating to the public information law. |
|---|
| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 10 | | SECTION 1. Section 552.003(1), Government Code, is amended |
|---|
| 9 | 11 | | to read as follows: |
|---|
| 10 | 12 | | (1) "Governmental body": |
|---|
| 11 | 13 | | (A) means: |
|---|
| 12 | 14 | | (i) a board, commission, department, |
|---|
| 13 | 15 | | committee, institution, agency, or office that is within or is |
|---|
| 14 | 16 | | created by the executive or legislative branch of state government |
|---|
| 15 | 17 | | and that is directed by one or more elected or appointed members; |
|---|
| 16 | 18 | | (ii) a county commissioners court in the |
|---|
| 17 | 19 | | state; |
|---|
| 18 | 20 | | (iii) a municipal governing body in the |
|---|
| 19 | 21 | | state; |
|---|
| 20 | 22 | | (iv) a deliberative body that has |
|---|
| 21 | 23 | | rulemaking or quasi-judicial power and that is classified as a |
|---|
| 22 | 24 | | department, agency, or political subdivision of a county or |
|---|
| 23 | 25 | | municipality; |
|---|
| 24 | 26 | | (v) a school district board of trustees; |
|---|
| 25 | 27 | | (vi) a county board of school trustees; |
|---|
| 26 | 28 | | (vii) a county board of education; |
|---|
| 27 | 29 | | (viii) the governing board of a special |
|---|
| 28 | 30 | | district; |
|---|
| 29 | 31 | | (ix) the governing body of a nonprofit |
|---|
| 30 | 32 | | corporation organized under Chapter 67, Water Code, that provides a |
|---|
| 31 | 33 | | water supply or wastewater service, or both, and is exempt from ad |
|---|
| 32 | 34 | | valorem taxation under Section 11.30, Tax Code; |
|---|
| 33 | 35 | | (x) a local workforce development board |
|---|
| 34 | 36 | | created under Section 2308.253; |
|---|
| 35 | 37 | | (xi) a nonprofit corporation that is |
|---|
| 36 | 38 | | eligible to receive funds under the federal community services |
|---|
| 37 | 39 | | block grant program and that is authorized by this state to serve a |
|---|
| 38 | 40 | | geographic area of the state; |
|---|
| 39 | 41 | | (xii) a confinement facility operated under |
|---|
| 40 | 42 | | a contract with any division of the Texas Department of Criminal |
|---|
| 41 | 43 | | Justice; |
|---|
| 42 | 44 | | (xiii) a civil commitment housing facility |
|---|
| 43 | 45 | | owned, leased, or operated by a vendor under contract with the state |
|---|
| 44 | 46 | | as provided by Chapter 841, Health and Safety Code; |
|---|
| 45 | 47 | | (xiv) an entity that receives public funds |
|---|
| 46 | 48 | | in the current or preceding state fiscal year to manage the daily |
|---|
| 47 | 49 | | operations or restoration of the Alamo, or an entity that oversees |
|---|
| 48 | 50 | | such an entity; and |
|---|
| 49 | 51 | | (xv) [the part, section, or portion of] an |
|---|
| 50 | 52 | | organization, corporation, commission, committee, institution, or |
|---|
| 51 | 53 | | agency: |
|---|
| 52 | 54 | | (a) for which the source of at least |
|---|
| 53 | 55 | | 51 percent of its revenue during the preceding year was public |
|---|
| 54 | 56 | | funds; or |
|---|
| 55 | 57 | | (b) that engages primarily in |
|---|
| 56 | 58 | | activities under an agreement with or a grant from another |
|---|
| 57 | 59 | | governmental body [that spends or that is supported in whole or in |
|---|
| 58 | 60 | | part by public funds]; and |
|---|
| 59 | 61 | | (B) does not include: |
|---|
| 60 | 62 | | (i) the judiciary; or |
|---|
| 61 | 63 | | (ii) an economic development entity whose |
|---|
| 62 | 64 | | mission or purpose is to develop and promote the economic growth of |
|---|
| 63 | 65 | | a state agency or political subdivision with which the entity |
|---|
| 64 | 66 | | contracts if: |
|---|
| 65 | 67 | | (a) the entity does not receive $1 |
|---|
| 66 | 68 | | million or more in public funds from a single state agency or |
|---|
| 67 | 69 | | political subdivision in the current or preceding state fiscal |
|---|
| 68 | 70 | | year; or |
|---|
| 69 | 71 | | (b) the entity: |
|---|
| 70 | 72 | | (1) either: |
|---|
| 71 | 73 | | (A) does not have the |
|---|
| 72 | 74 | | authority to make decisions or recommendations on behalf of a state |
|---|
| 73 | 75 | | agency or political subdivision regarding tax abatements or tax |
|---|
| 74 | 76 | | incentives; or |
|---|
| 75 | 77 | | (B) does not require an |
|---|
| 76 | 78 | | officer of the state agency or political subdivision to hold office |
|---|
| 77 | 79 | | as a member of the board of directors of the entity; |
|---|
| 78 | 80 | | (2) does not use staff or office |
|---|
| 79 | 81 | | space of the state agency or political subdivision for no or nominal |
|---|
| 80 | 82 | | consideration, unless the space is available to the public; |
|---|
| 81 | 83 | | (3) to a reasonable degree, |
|---|
| 82 | 84 | | tracks the entity's receipt and expenditure of public funds |
|---|
| 83 | 85 | | separately from the entity's receipt and expenditure of private |
|---|
| 84 | 86 | | funds; and |
|---|
| 85 | 87 | | (4) provides at least quarterly |
|---|
| 86 | 88 | | public reports to the state agency or political subdivision |
|---|
| 87 | 89 | | regarding work performed on behalf of the state agency or political |
|---|
| 88 | 90 | | subdivision. |
|---|
| 89 | 91 | | SECTION 2. Section 552.106, Government Code, is amended by |
|---|
| 90 | 92 | | adding Subsection (c) to read as follows: |
|---|
| 91 | 93 | | (c) The exception to disclosure provided by this section |
|---|
| 92 | 94 | | does not apply to governmental bodies described by Sections |
|---|
| 93 | 95 | | 552.003(1)(A)(ii)-(xiv). |
|---|
| 94 | 96 | | SECTION 3. Section 552.107, Government Code, is amended to |
|---|
| 95 | 97 | | read as follows: |
|---|
| 96 | 98 | | Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS. (a) |
|---|
| 97 | 99 | | Information is excepted from the requirements of Section 552.021 |
|---|
| 98 | 100 | | if: |
|---|
| 99 | 101 | | (1) it is information that the attorney general [or an |
|---|
| 100 | 102 | | attorney of a political subdivision] is prohibited from disclosing |
|---|
| 101 | 103 | | because of a duty to the client under the Texas Rules of Evidence or |
|---|
| 102 | 104 | | the Texas Disciplinary Rules of Professional Conduct; [or] |
|---|
| 103 | 105 | | (2) it is information that pertains to active |
|---|
| 104 | 106 | | litigation against a governmental body; or |
|---|
| 105 | 107 | | (3) a court by order has prohibited disclosure of the |
|---|
| 106 | 108 | | information. |
|---|
| 107 | 109 | | (b) The exception to disclosure provided by this section |
|---|
| 108 | 110 | | does not apply to: |
|---|
| 109 | 111 | | (1) a communication with an attorney or an attorney's |
|---|
| 110 | 112 | | representative, other than information contained in the |
|---|
| 111 | 113 | | communication to which the exception otherwise applies; or |
|---|
| 112 | 114 | | (2) a report, audit, or other material created in the |
|---|
| 113 | 115 | | absence of active litigation. |
|---|
| 114 | 116 | | (c) When rendering a decision under Subchapter G as to |
|---|
| 115 | 117 | | whether requested information is within the scope of the exception |
|---|
| 116 | 118 | | to disclosure provided by this section, the attorney general shall |
|---|
| 117 | 119 | | restrict the scope of the attorney-client privilege by construing |
|---|
| 118 | 120 | | the exception narrowly and in favor of the public's interest in |
|---|
| 119 | 121 | | maximum government transparency. |
|---|
| 120 | 122 | | SECTION 4. Sections 552.305(a) and (d), Government Code, |
|---|
| 121 | 123 | | are amended to read as follows: |
|---|
| 122 | 124 | | (a) In a case in which information is requested under this |
|---|
| 123 | 125 | | chapter and a person's privacy or property interests may be |
|---|
| 124 | 126 | | involved, including a case under Section 552.101, 552.110, |
|---|
| 125 | 127 | | 552.1101, 552.114, [552.131,] or 552.143, a governmental body may |
|---|
| 126 | 128 | | decline to release the information for the purpose of requesting an |
|---|
| 127 | 129 | | attorney general decision. |
|---|
| 128 | 130 | | (d) If release of a person's proprietary information may be |
|---|
| 129 | 131 | | subject to exception under Section 552.101, 552.110, 552.1101, |
|---|
| 130 | 132 | | 552.113, [552.131,] or 552.143, the governmental body that requests |
|---|
| 131 | 133 | | an attorney general decision under Section 552.301 shall make a |
|---|
| 132 | 134 | | good faith attempt to notify that person of the request for the |
|---|
| 133 | 135 | | attorney general decision. Notice under this subsection must: |
|---|
| 134 | 136 | | (1) be in writing and sent within a reasonable time not |
|---|
| 135 | 137 | | later than the 10th business day after the date the governmental |
|---|
| 136 | 138 | | body receives the request for the information; and |
|---|
| 137 | 139 | | (2) include: |
|---|
| 138 | 140 | | (A) a copy of the written request for the |
|---|
| 139 | 141 | | information, if any, received by the governmental body; and |
|---|
| 140 | 142 | | (B) a statement, in the form prescribed by the |
|---|
| 141 | 143 | | attorney general, that the person is entitled to submit in writing |
|---|
| 142 | 144 | | to the attorney general within a reasonable time not later than the |
|---|
| 143 | 145 | | 10th business day after the date the person receives the notice: |
|---|
| 144 | 146 | | (i) each reason the person has as to why the |
|---|
| 145 | 147 | | information should be withheld; and |
|---|
| 146 | 148 | | (ii) a letter, memorandum, or brief in |
|---|
| 147 | 149 | | support of that reason. |
|---|
| 148 | 150 | | SECTION 5. Section 552.133(a-1), Government Code, is |
|---|
| 149 | 151 | | transferred to Section 551.086, Government Code, and redesignated |
|---|
| 150 | 152 | | as Section 551.086(a-1), Government Code, to read as follows: |
|---|
| 151 | 153 | | (a-1) For purposes of this section, "competitive matter" |
|---|
| 152 | 154 | | means a utility-related matter, including for an entity described |
|---|
| 153 | 155 | | by Subdivision (2) a cable, Internet, or broadband service matter, |
|---|
| 154 | 156 | | that is related to the public power utility's competitive activity, |
|---|
| 155 | 157 | | including commercial information, and would, if disclosed, give |
|---|
| 156 | 158 | | advantage to competitors or prospective competitors. The term: |
|---|
| 157 | 159 | | (1) means a matter that is reasonably related to the |
|---|
| 158 | 160 | | following categories of information: |
|---|
| 159 | 161 | | (A) generation unit specific and portfolio fixed |
|---|
| 160 | 162 | | and variable costs, including forecasts of those costs, capital |
|---|
| 161 | 163 | | improvement plans for generation units, and generation unit |
|---|
| 162 | 164 | | operating characteristics and outage scheduling; |
|---|
| 163 | 165 | | (B) bidding and pricing information for |
|---|
| 164 | 166 | | purchased power, generation and fuel, and Electric Reliability |
|---|
| 165 | 167 | | Council of Texas bids, prices, offers, and related services and |
|---|
| 166 | 168 | | strategies; |
|---|
| 167 | 169 | | (C) effective fuel and purchased power |
|---|
| 168 | 170 | | agreements and fuel transportation arrangements and contracts; |
|---|
| 169 | 171 | | (D) risk management information, contracts, and |
|---|
| 170 | 172 | | strategies, including fuel hedging and storage; |
|---|
| 171 | 173 | | (E) plans, studies, proposals, and analyses for |
|---|
| 172 | 174 | | system improvements, additions, or sales, other than transmission |
|---|
| 173 | 175 | | and distribution system improvements inside the service area for |
|---|
| 174 | 176 | | which the public power utility is the sole certificated retail |
|---|
| 175 | 177 | | provider; and |
|---|
| 176 | 178 | | (F) customer billing, contract, and usage |
|---|
| 177 | 179 | | information, electric power pricing information, system load |
|---|
| 178 | 180 | | characteristics, and electric power marketing analyses and |
|---|
| 179 | 181 | | strategies; |
|---|
| 180 | 182 | | (2) means a matter reasonably related to information |
|---|
| 181 | 183 | | involving the provision of cable, Internet, or broadband services |
|---|
| 182 | 184 | | by a municipally owned utility that provided electricity services |
|---|
| 183 | 185 | | and cable, Internet, or broadband services on or before January 1, |
|---|
| 184 | 186 | | 2003, including: |
|---|
| 185 | 187 | | (A) a capital improvement plan; |
|---|
| 186 | 188 | | (B) an expense related to the installation of a |
|---|
| 187 | 189 | | facility to provide those services; |
|---|
| 188 | 190 | | (C) bidding and pricing information for |
|---|
| 189 | 191 | | installation of the facility; |
|---|
| 190 | 192 | | (D) risk management information, contracts, and |
|---|
| 191 | 193 | | strategies; |
|---|
| 192 | 194 | | (E) plans, studies, proposals, and analyses for: |
|---|
| 193 | 195 | | (i) system improvements, additions, or |
|---|
| 194 | 196 | | sales; or |
|---|
| 195 | 197 | | (ii) establishing pricing for providing |
|---|
| 196 | 198 | | those services; and |
|---|
| 197 | 199 | | (F) customer billing, contract, and usage |
|---|
| 198 | 200 | | information; and |
|---|
| 199 | 201 | | (3) does not include the following categories of |
|---|
| 200 | 202 | | information: |
|---|
| 201 | 203 | | (A) information relating to the provision of |
|---|
| 202 | 204 | | distribution access service, including the terms and conditions of |
|---|
| 203 | 205 | | the service and the rates charged for the service but not including |
|---|
| 204 | 206 | | information concerning utility-related services or products that |
|---|
| 205 | 207 | | are competitive; |
|---|
| 206 | 208 | | (B) information relating to the provision of |
|---|
| 207 | 209 | | transmission service that is required to be filed with the Public |
|---|
| 208 | 210 | | Utility Commission of Texas, subject to any confidentiality |
|---|
| 209 | 211 | | provided for under the rules of the commission; |
|---|
| 210 | 212 | | (C) information for the distribution system |
|---|
| 211 | 213 | | pertaining to reliability and continuity of service, to the extent |
|---|
| 212 | 214 | | not security-sensitive, that relates to emergency management, |
|---|
| 213 | 215 | | identification of critical loads such as hospitals and police, |
|---|
| 214 | 216 | | records of interruption, and distribution feeder standards; |
|---|
| 215 | 217 | | (D) any substantive rule or tariff of general |
|---|
| 216 | 218 | | applicability regarding rates, service offerings, service |
|---|
| 217 | 219 | | regulation, customer protections, or customer service adopted by |
|---|
| 218 | 220 | | the public power utility as authorized by law; |
|---|
| 219 | 221 | | (E) aggregate information reflecting receipts or |
|---|
| 220 | 222 | | expenditures of funds of the public power utility, of the type that |
|---|
| 221 | 223 | | would be included in audited financial statements; |
|---|
| 222 | 224 | | (F) information relating to equal employment |
|---|
| 223 | 225 | | opportunities for minority groups, as filed with local, state, or |
|---|
| 224 | 226 | | federal agencies; |
|---|
| 225 | 227 | | (G) information relating to the public power |
|---|
| 226 | 228 | | utility's performance in contracting with minority business |
|---|
| 227 | 229 | | entities; |
|---|
| 228 | 230 | | (H) information relating to nuclear |
|---|
| 229 | 231 | | decommissioning trust agreements, of the type required to be |
|---|
| 230 | 232 | | included in audited financial statements; |
|---|
| 231 | 233 | | (I) information relating to the amount and timing |
|---|
| 232 | 234 | | of any transfer to an owning city's general fund; |
|---|
| 233 | 235 | | (J) information relating to environmental |
|---|
| 234 | 236 | | compliance as required to be filed with any local, state, or |
|---|
| 235 | 237 | | national environmental authority, subject to any confidentiality |
|---|
| 236 | 238 | | provided under the rules of those authorities; |
|---|
| 237 | 239 | | (K) names of public officers of the public power |
|---|
| 238 | 240 | | utility and the voting records of those officers for all matters |
|---|
| 239 | 241 | | other than those within the scope of a competitive resolution |
|---|
| 240 | 242 | | provided for by this section; |
|---|
| 241 | 243 | | (L) a description of the public power utility's |
|---|
| 242 | 244 | | central and field organization, including the established places at |
|---|
| 243 | 245 | | which the public may obtain information, submit information and |
|---|
| 244 | 246 | | requests, or obtain decisions and the identification of employees |
|---|
| 245 | 247 | | from whom the public may obtain information, submit information or |
|---|
| 246 | 248 | | requests, or obtain decisions; |
|---|
| 247 | 249 | | (M) information identifying the general course |
|---|
| 248 | 250 | | and method by which the public power utility's functions are |
|---|
| 249 | 251 | | channeled and determined, including the nature and requirements of |
|---|
| 250 | 252 | | all formal and informal policies and procedures; |
|---|
| 251 | 253 | | (N) salaries and total compensation of all |
|---|
| 252 | 254 | | employees of a public power utility; |
|---|
| 253 | 255 | | (O) information publicly released by the |
|---|
| 254 | 256 | | Electric Reliability Council of Texas in accordance with a law, |
|---|
| 255 | 257 | | rule, or protocol generally applicable to similarly situated market |
|---|
| 256 | 258 | | participants; |
|---|
| 257 | 259 | | (P) information related to a chilled water |
|---|
| 258 | 260 | | program, as defined by Section 11.003, Utilities Code; or |
|---|
| 259 | 261 | | (Q) information included in the separate books |
|---|
| 260 | 262 | | and records required to be kept by an entity described by |
|---|
| 261 | 263 | | Subdivision (2) as required by Section 552.915, Local Government |
|---|
| 262 | 264 | | Code. |
|---|
| 263 | 265 | | SECTION 6. Section 551.086(c), Government Code, is amended |
|---|
| 264 | 266 | | to read as follows: |
|---|
| 265 | 267 | | (c) This chapter does not require a public power utility |
|---|
| 266 | 268 | | governing body to conduct an open meeting to deliberate, vote, or |
|---|
| 267 | 269 | | take final action on any competitive matter[, as that term is |
|---|
| 268 | 270 | | defined by Section 552.133]. This section does not limit the right |
|---|
| 269 | 271 | | of a public power utility governing body to hold a closed session |
|---|
| 270 | 272 | | under any other exception provided for in this chapter. |
|---|
| 271 | 273 | | SECTION 7. Section 306.003, Government Code, is amended by |
|---|
| 272 | 274 | | adding Subsection (e) to read as follows: |
|---|
| 273 | 275 | | (e) Records and communications described by Subsection (a) |
|---|
| 274 | 276 | | are not subject to Chapter 552. |
|---|
| 275 | 277 | | SECTION 8. SECTION 306.004, Government Code, is amended by |
|---|
| 276 | 278 | | adding Subsection (f) to read as follows: |
|---|
| 277 | 279 | | (f) Records and communications described by Subsection (a) |
|---|
| 278 | 280 | | are not subject to Chapter 552. |
|---|
| 279 | 281 | | SECTION 9. Section 306.008, Government Code, is amended by |
|---|
| 280 | 282 | | adding Subsection (f) to read as follows: |
|---|
| 281 | 283 | | (f) Records and communications described by Subsection (a) |
|---|
| 282 | 284 | | or (b) are not subject to Chapter 552. |
|---|
| 283 | 285 | | SECTION 10. The following provisions of the Government Code |
|---|
| 284 | 286 | | are repealed: |
|---|
| 285 | 287 | | (1) the heading to Section 552.133; |
|---|
| 286 | 288 | | (2) Sections 552.133(a), (b), (b-1), and (c); and |
|---|
| 287 | 289 | | (3) Sections 552.111, 552.123, 552.126, and 552.154. |
|---|
| 288 | 290 | | SECTION 11. This Act takes effect immediately if it |
|---|
| 289 | 291 | | receives a vote of two-thirds of all the members elected to each |
|---|
| 290 | 292 | | house, as provided by Section 39, Article III, Texas Constitution. |
|---|
| 291 | 293 | | If this Act does not receive the vote necessary for immediate |
|---|
| 292 | 294 | | effect, this Act takes effect September 1, 2025. |
|---|