89R16880 TJB-D
By: Johnson S.B. No. 2632
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain contracting information under
the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.0222, Government Code, is amended by
amending Subsection (b) and adding Subsections (b-1), (d), (e), and
(f) to read as follows:
(b) The exceptions to disclosure provided by Sections
552.108(a), 552.110, [and] 552.1101, and 552.131 do not apply to
the following types of contracting information:
(1) a contract described by Section 2261.253(a),
excluding any information that was properly redacted under
Subsection (e) of that section;
(2) a contract described by Section 322.020(c),
excluding any information that was properly redacted under
Subsection (d) of that section;
(3) the following contract or offer terms or their
functional equivalent:
(A) any term describing the overall or total
price the governmental body will or could potentially pay,
including overall or total value, maximum liability, and final
price;
(B) a description of the items or services to be
delivered with the total price for each if a total price is
identified for the item or service in the contract;
(C) the delivery and service deadlines;
(D) the remedies for breach of contract;
(E) the identity of all parties to the contract;
(F) the identity of all subcontractors in a
contract;
(G) the affiliate overall or total pricing for a
vendor, contractor, potential vendor, or potential contractor,
including operating costs;
(H) the execution dates;
(I) the effective dates; [and]
(J) the contract duration terms, including any
extension options; and
(K) any exemption, deduction, credit, exclusion,
waiver, rebate, discount, deferral, or other abatement or reduction
of tax liability of a business entity or other person that the
entity or person may receive in exchange for or as a result of
conducting an activity; [or]
(4) information indicating whether a vendor,
contractor, potential vendor, or potential contractor performed
its duties under a contract, including information regarding:
(A) a breach of contract;
(B) a contract variance or exception;
(C) a remedial action;
(D) an amendment to a contract;
(E) any assessed or paid liquidated damages;
(F) a key measures report;
(G) a progress report; and
(H) a final payment checklist; or
(5) communications and other information sent between
a governmental body and a vendor, contractor, potential vendor, or
potential contractor containing information described by
Subsection (b)(3) or (4).
(b-1) The exceptions to disclosure provided by Sections
552.103 and 552.104 do not apply to information described by
Subsection (b) that is contained in a contract entered into by a
governmental body.
(d) Section 552.305(a) does not apply to information
subject to disclosure under Subsection (b) or (b-1). A
governmental body may not decline to release information subject to
disclosure under Subsection (b) or (b-1) in order to allow a vendor,
contractor, potential vendor, or potential contractor to assert an
exception to disclosure listed in those subsections.
(e) A governmental body shall release information subject
to disclosure under Subsection (b) or (b-1) without redactions,
unless those redactions are required by law.
(f) Notwithstanding another provision of this chapter, a
governmental body shall release information as provided by
Subsection (e) before requesting an attorney general's decision
under Subchapter G regarding information subject to disclosure
under Subsection (b) or (b-1). This subsection does not apply to
the production of information by a governmental body that is unable
to produce the information before the deadline prescribed by this
chapter to request an attorney general's decision under Subchapter
G, in which case the governmental body shall certify that fact in
writing to the requestor and set a date and hour within a reasonable
time for such production as provided by Section 552.221(d).
SECTION 2. Section 552.104(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 552.0222, information
[Information] is excepted from the requirements of Section 552.021
if a governmental body demonstrates that release of the information
would harm its interests by providing a decisive [an] advantage to a
competitor or bidder in a particular ongoing competitive situation
or in a particular competitive situation where the governmental
body establishes the situation at issue is set to reoccur or there
is a specific and demonstrable intent to enter into the competitive
situation again in the future.
SECTION 3. Section 552.108(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 552.0222, information
[Information] held by a law enforcement agency or prosecutor that
deals with the detection, investigation, or prosecution of crime is
excepted from the requirements of Section 552.021 if:
(1) release of the information would interfere with
the detection, investigation, or prosecution of crime;
(2) it is information that deals with the detection,
investigation, or prosecution of crime only in relation to an
investigation that did not result in conviction or deferred
adjudication;
(3) it is information relating to a threat against a
peace officer or detention officer collected or disseminated under
Section 411.048; or
(4) it is information that:
(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
SECTION 4. Section 552.1101(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 552.0222, information
submitted to a governmental body by a vendor, contractor, potential
vendor, or potential contractor in response to a request for a bid,
proposal, or qualification is excepted from the requirements of
Section 552.021 if the vendor, contractor, potential vendor, or
potential contractor that the information relates to demonstrates
based on specific factual evidence that disclosure of the
information would:
(1) reveal an individual approach to:
(A) work;
(B) organizational structure;
(C) staffing;
(D) internal operations;
(E) processes; or
(F) discounts, pricing methodology, pricing per
kilowatt hour, cost data, or other pricing information that will be
used in future solicitation or bid documents; and
(2) give a decisive advantage to a competitor.
SECTION 5. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1102 to read as follows:
Sec. 552.1102. EXCEPTION; CONFIDENTIALITY OF CERTAIN
PROPRIETARY INFORMATION OF ENGINEERS AND ARCHITECTS.
Notwithstanding Section 552.0222, information submitted to a
governmental body by a respondent in response to a request for
qualifications or proposals for professional engineering or
architectural services is excepted from the requirements of Section
552.021 if:
(1) the information reveals the respondent's approach
to work, organizational structure, staffing, internal operations,
or processes;
(2) the respondent has taken reasonable measures under
the circumstances to keep the information confidential; and
(3) the information is not contained in a contract
entered into by the governmental body.
SECTION 6. Section 321.3022(f), Tax Code, is amended to
read as follows:
(f) Information received by a municipality or other local
governmental entity under this section is confidential, is not open
to public inspection, and may be used only for the purpose of
economic forecasting, for internal auditing of a tax paid to the
municipality or other local governmental entity under this chapter,
or for the purpose described in Subsection (g). This subsection
does not apply to information received by a municipality or other
local governmental entity under this section that is contracting
information described by Section 552.0222(b), Government Code,
which is subject to disclosure as provided by that section.
SECTION 7. The changes in law made by this Act apply only to
a request for public information that is received by a governmental
body or an officer for public information on or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2025.