Texas 2025 - 89th Regular

Texas Senate Bill SB2632 Compare Versions

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

Old	New	Differences
1	1	89R16880 TJB-D
2	2	By: Johnson S.B. No. 2632
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure of certain contracting information under
10	10	the public information law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.0222, Government Code, is amended by
13	13	amending Subsection (b) and adding Subsections (b-1), (d), (e), and
14	14	(f) to read as follows:
15	15	(b) The exceptions to disclosure provided by Sections
16	16	552.108(a), 552.110, [and] 552.1101, and 552.131 do not apply to
17	17	the following types of contracting information:
18	18	(1) a contract described by Section 2261.253(a),
19	19	excluding any information that was properly redacted under
20	20	Subsection (e) of that section;
21	21	(2) a contract described by Section 322.020(c),
22	22	excluding any information that was properly redacted under
23	23	Subsection (d) of that section;
24	24	(3) the following contract or offer terms or their
25	25	functional equivalent:
26	26	(A) any term describing the overall or total
27	27	price the governmental body will or could potentially pay,
28	28	including overall or total value, maximum liability, and final
29	29	price;
30	30	(B) a description of the items or services to be
31	31	delivered with the total price for each if a total price is
32	32	identified for the item or service in the contract;
33	33	(C) the delivery and service deadlines;
34	34	(D) the remedies for breach of contract;
35	35	(E) the identity of all parties to the contract;
36	36	(F) the identity of all subcontractors in a
37	37	contract;
38	38	(G) the affiliate overall or total pricing for a
39	39	vendor, contractor, potential vendor, or potential contractor,
40	40	including operating costs;
41	41	(H) the execution dates;
42	42	(I) the effective dates; [and]
43	43	(J) the contract duration terms, including any
44	44	extension options; and
45	45	(K) any exemption, deduction, credit, exclusion,
46	46	waiver, rebate, discount, deferral, or other abatement or reduction
47	47	of tax liability of a business entity or other person that the
48	48	entity or person may receive in exchange for or as a result of
49	49	conducting an activity; [or]
50	50	(4) information indicating whether a vendor,
51	51	contractor, potential vendor, or potential contractor performed
52	52	its duties under a contract, including information regarding:
53	53	(A) a breach of contract;
54	54	(B) a contract variance or exception;
55	55	(C) a remedial action;
56	56	(D) an amendment to a contract;
57	57	(E) any assessed or paid liquidated damages;
58	58	(F) a key measures report;
59	59	(G) a progress report; and
60	60	(H) a final payment checklist; or
61	61	(5) communications and other information sent between
62	62	a governmental body and a vendor, contractor, potential vendor, or
63	63	potential contractor containing information described by
64	64	Subsection (b)(3) or (4).
65	65	(b-1) The exceptions to disclosure provided by Sections
66	66	552.103 and 552.104 do not apply to information described by
67	67	Subsection (b) that is contained in a contract entered into by a
68	68	governmental body.
69	69	(d) Section 552.305(a) does not apply to information
70	70	subject to disclosure under Subsection (b) or (b-1). A
71	71	governmental body may not decline to release information subject to
72	72	disclosure under Subsection (b) or (b-1) in order to allow a vendor,
73	73	contractor, potential vendor, or potential contractor to assert an
74	74	exception to disclosure listed in those subsections.
75	75	(e) A governmental body shall release information subject
76	76	to disclosure under Subsection (b) or (b-1) without redactions,
77	77	unless those redactions are required by law.
78	78	(f) Notwithstanding another provision of this chapter, a
79	79	governmental body shall release information as provided by
80	80	Subsection (e) before requesting an attorney general's decision
81	81	under Subchapter G regarding information subject to disclosure
82	82	under Subsection (b) or (b-1). This subsection does not apply to
83	83	the production of information by a governmental body that is unable
84	84	to produce the information before the deadline prescribed by this
85	85	chapter to request an attorney general's decision under Subchapter
86	86	G, in which case the governmental body shall certify that fact in
87	87	writing to the requestor and set a date and hour within a reasonable
88	88	time for such production as provided by Section 552.221(d).
89	89	SECTION 2. Section 552.104(a), Government Code, is amended
90	90	to read as follows:
91	91	(a) Except as provided by Section 552.0222, information
92	92	[Information] is excepted from the requirements of Section 552.021
93	93	if a governmental body demonstrates that release of the information
94	94	would harm its interests by providing a decisive [an] advantage to a
95	95	competitor or bidder in a particular ongoing competitive situation
96	96	or in a particular competitive situation where the governmental
97	97	body establishes the situation at issue is set to reoccur or there
98	98	is a specific and demonstrable intent to enter into the competitive
99	99	situation again in the future.
100	100	SECTION 3. Section 552.108(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) Except as provided by Section 552.0222, information
103	103	[Information] held by a law enforcement agency or prosecutor that
104	104	deals with the detection, investigation, or prosecution of crime is
105	105	excepted from the requirements of Section 552.021 if:
106	106	(1) release of the information would interfere with
107	107	the detection, investigation, or prosecution of crime;
108	108	(2) it is information that deals with the detection,
109	109	investigation, or prosecution of crime only in relation to an
110	110	investigation that did not result in conviction or deferred
111	111	adjudication;
112	112	(3) it is information relating to a threat against a
113	113	peace officer or detention officer collected or disseminated under
114	114	Section 411.048; or
115	115	(4) it is information that:
116	116	(A) is prepared by an attorney representing the
117	117	state in anticipation of or in the course of preparing for criminal
118	118	litigation; or
119	119	(B) reflects the mental impressions or legal
120	120	reasoning of an attorney representing the state.
121	121	SECTION 4. Section 552.1101(a), Government Code, is amended
122	122	to read as follows:
123	123	(a) Except as provided by Section 552.0222, information
124	124	submitted to a governmental body by a vendor, contractor, potential
125	125	vendor, or potential contractor in response to a request for a bid,
126	126	proposal, or qualification is excepted from the requirements of
127	127	Section 552.021 if the vendor, contractor, potential vendor, or
128	128	potential contractor that the information relates to demonstrates
129	129	based on specific factual evidence that disclosure of the
130	130	information would:
131	131	(1) reveal an individual approach to:
132	132	(A) work;
133	133	(B) organizational structure;
134	134	(C) staffing;
135	135	(D) internal operations;
136	136	(E) processes; or
137	137	(F) discounts, pricing methodology, pricing per
138	138	kilowatt hour, cost data, or other pricing information that will be
139	139	used in future solicitation or bid documents; and
140	140	(2) give a decisive advantage to a competitor.
141	141	SECTION 5. Subchapter C, Chapter 552, Government Code, is
142	142	amended by adding Section 552.1102 to read as follows:
143	143	Sec. 552.1102. EXCEPTION; CONFIDENTIALITY OF CERTAIN
144	144	PROPRIETARY INFORMATION OF ENGINEERS AND ARCHITECTS.
145	145	Notwithstanding Section 552.0222, information submitted to a
146	146	governmental body by a respondent in response to a request for
147	147	qualifications or proposals for professional engineering or
148	148	architectural services is excepted from the requirements of Section
149	149	552.021 if:
150	150	(1) the information reveals the respondent's approach
151	151	to work, organizational structure, staffing, internal operations,
152	152	or processes;
153	153	(2) the respondent has taken reasonable measures under
154	154	the circumstances to keep the information confidential; and
155	155	(3) the information is not contained in a contract
156	156	entered into by the governmental body.
157	157	SECTION 6. Section 321.3022(f), Tax Code, is amended to
158	158	read as follows:
159	159	(f) Information received by a municipality or other local
160	160	governmental entity under this section is confidential, is not open
161	161	to public inspection, and may be used only for the purpose of
162	162	economic forecasting, for internal auditing of a tax paid to the
163	163	municipality or other local governmental entity under this chapter,
164	164	or for the purpose described in Subsection (g). This subsection
165	165	does not apply to information received by a municipality or other
166	166	local governmental entity under this section that is contracting
167	167	information described by Section 552.0222(b), Government Code,
168	168	which is subject to disclosure as provided by that section.
169	169	SECTION 7. The changes in law made by this Act apply only to
170	170	a request for public information that is received by a governmental
171	171	body or an officer for public information on or after the effective
172	172	date of this Act.
173	173	SECTION 8. This Act takes effect September 1, 2025.