BILL ANALYSIS Senate Research Center S.B. 2680 89R13964 JON-F By: Bettencourt Business & Commerce 4/22/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT This proposal improves Texas' open government by fixing several minor Public Information Act (PIA) problems that reduce transparency, cause confusion, or lead to absurd results. If these issues are not addressed now, they could become serious issues in the future. S.B. 2680 renumbers sections in 552.108 to address multiple bills passing in this section during the 88th Legislative Session. The bill also provides clean-up language to what constitutes a license due to the Office of the Attorney General (OAG) receiving feedback from multiple governmental bodies inquiring about which type of licenses this section applies to since it was enacted last session. S.B. 2680 adds an exclusion to the definition of business days in situations where OAG determines a day should not count as a business day for purposes of the PIA based on unique situations and arguments submitted by the governmental body, such as a natural disaster. Currently, a governmental body is required, under most circumstances, to request an attorney general decision no later than the 10th business day after receiving a request if it wishes to withhold records from public disclosure. The attorney general is then required to issue a written decision within forty-five business days unless an additional ten business-day extension is obtained. Despite the obligation of the governmental body to submit the request within a limited timeframe and the obligation of the attorney general to issue a decision within a limited timeframe, the PIA permits requestors to file suit as soon as the governmental body refuses to supply public information and before the attorney general issues a decision. This is wasteful of OAG and judicial resources because litigation may not be necessary if the attorney general's decision agrees with the party filing suit. S.B. 2680 makes it clear that a suit cannot be filed within forty-five business days after OAG receives the request or fifty-five business days if they extend the period. Lastly, S.B. 2680 makes it clear that when there is litigation over whether records should be released under the Public Information Act, the governmental body should not be obligated by the statute to release such records until the court has determined that the records should be released. As proposed, S.B. 2680 amends current law relating to the public information law. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the attorney general in SECTION 1 (Section 552.0031, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 552.0031, Government Code, by adding Subsection (g), as follows: (g) Authorizes the attorney general to determine that a governmental body is or has been temporarily unable to respond to a request for information due to a disaster or other event that prevents the governmental body from conducting business. Authorizes the attorney general, on making a determination under this subsection, to designate a day on which the governmental body's administrative offices are closed or operating with minimum staffing as a nonbusiness day. Authorizes the attorney general to designate not more than 30 nonbusiness days for a governmental body under this subsection in each calendar year. Requires the attorney general to maintain on the Internet website of the attorney general for not less than two years information regarding each designation made under this subsection. Requires the attorney general by rule to establish procedures for making a designation under this subsection. SECTION 2. Redesignates Section 552.108(d), Government Code, as added by Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular Session, 2023, as Section 552.108(c-1), Government Code, and makes no further changes. SECTION 3. Amends Sections 552.11765(a) and (b), Government Code, as follows: (a) Redefines "license" and defines "licensing authority." (b) Provides that, except as provided by Subsections (c) (relating to certain personal information that is not exempt from required public disclosure) and (d) (relating to the disclosure of certain personal information of certain license holders), information maintained by a governmental body that is a licensing authority, rather than described by Section 552.003(1)(A)(i) (relating to certain entities included in the definition of "governmental body"), is confidential and excepted from the requirements of Section 552.021 (Availability of Public Information) if the information meets certain criteria. SECTION 4. Amends Section 552.321, Government Code, by adding Subsections (d) and (e), as follows: (d) Authorizes a requestor, if a governmental body requests a decision under Section 552.301, to file suit under Section 552.321 (Suit For Writ of Mandamus) not earlier than the 45th business day after the date the attorney general receives the request for a decision. Authorizes a requestor, if the attorney general extends the period for issuing the decision as permitted by Section 552.306(a) (relating to the timeline for the attorney general to render a decision), to file suit under this section not earlier than the 55th business day after the date the attorney general received the request for a decision. (e) Provides that if the attorney general issues an opinion under Section 552.306 (Rendition of Attorney General Decision; Issuance of Written Opinion) that information that is the subject of the opinion is within an exception under Subchapter C (Information Excepted from Required Disclosure), in a suit under this subchapter there is a rebuttable presumption that the information is within the exception. SECTION 5. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 6. Makes application of Section 552.321(d), Government Code, as added by this Act, prospective. SECTION 7. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2680
89R13964 JON-F By: Bettencourt
Business & Commerce
4/22/2025
As Filed
Senate Research Center
S.B. 2680
89R13964 JON-F
By: Bettencourt
Business & Commerce
4/22/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
This proposal improves Texas' open government by fixing several minor Public Information Act (PIA) problems that reduce transparency, cause confusion, or lead to absurd results. If these issues are not addressed now, they could become serious issues in the future. S.B. 2680 renumbers sections in 552.108 to address multiple bills passing in this section during the 88th Legislative Session. The bill also provides clean-up language to what constitutes a license due to the Office of the Attorney General (OAG) receiving feedback from multiple governmental bodies inquiring about which type of licenses this section applies to since it was enacted last session.
S.B. 2680 adds an exclusion to the definition of business days in situations where OAG determines a day should not count as a business day for purposes of the PIA based on unique situations and arguments submitted by the governmental body, such as a natural disaster.
Currently, a governmental body is required, under most circumstances, to request an attorney general decision no later than the 10th business day after receiving a request if it wishes to withhold records from public disclosure. The attorney general is then required to issue a written decision within forty-five business days unless an additional ten business-day extension is obtained.
Despite the obligation of the governmental body to submit the request within a limited timeframe and the obligation of the attorney general to issue a decision within a limited timeframe, the PIA permits requestors to file suit as soon as the governmental body refuses to supply public information and before the attorney general issues a decision.
This is wasteful of OAG and judicial resources because litigation may not be necessary if the attorney general's decision agrees with the party filing suit. S.B. 2680 makes it clear that a suit cannot be filed within forty-five business days after OAG receives the request or fifty-five business days if they extend the period.
Lastly, S.B. 2680 makes it clear that when there is litigation over whether records should be released under the Public Information Act, the governmental body should not be obligated by the statute to release such records until the court has determined that the records should be released.
As proposed, S.B. 2680 amends current law relating to the public information law.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the attorney general in SECTION 1 (Section 552.0031, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 552.0031, Government Code, by adding Subsection (g), as follows:
(g) Authorizes the attorney general to determine that a governmental body is or has been temporarily unable to respond to a request for information due to a disaster or other event that prevents the governmental body from conducting business. Authorizes the attorney general, on making a determination under this subsection, to designate a day on which the governmental body's administrative offices are closed or operating with minimum staffing as a nonbusiness day. Authorizes the attorney general to designate not more than 30 nonbusiness days for a governmental body under this subsection in each calendar year. Requires the attorney general to maintain on the Internet website of the attorney general for not less than two years information regarding each designation made under this subsection. Requires the attorney general by rule to establish procedures for making a designation under this subsection.
SECTION 2. Redesignates Section 552.108(d), Government Code, as added by Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular Session, 2023, as Section 552.108(c-1), Government Code, and makes no further changes.
SECTION 3. Amends Sections 552.11765(a) and (b), Government Code, as follows:
(a) Redefines "license" and defines "licensing authority."
(b) Provides that, except as provided by Subsections (c) (relating to certain personal information that is not exempt from required public disclosure) and (d) (relating to the disclosure of certain personal information of certain license holders), information maintained by a governmental body that is a licensing authority, rather than described by Section 552.003(1)(A)(i) (relating to certain entities included in the definition of "governmental body"), is confidential and excepted from the requirements of Section 552.021 (Availability of Public Information) if the information meets certain criteria.
SECTION 4. Amends Section 552.321, Government Code, by adding Subsections (d) and (e), as follows:
(d) Authorizes a requestor, if a governmental body requests a decision under Section 552.301, to file suit under Section 552.321 (Suit For Writ of Mandamus) not earlier than the 45th business day after the date the attorney general receives the request for a decision. Authorizes a requestor, if the attorney general extends the period for issuing the decision as permitted by Section 552.306(a) (relating to the timeline for the attorney general to render a decision), to file suit under this section not earlier than the 55th business day after the date the attorney general received the request for a decision.
(e) Provides that if the attorney general issues an opinion under Section 552.306 (Rendition of Attorney General Decision; Issuance of Written Opinion) that information that is the subject of the opinion is within an exception under Subchapter C (Information Excepted from Required Disclosure), in a suit under this subchapter there is a rebuttable presumption that the information is within the exception.
SECTION 5. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 6. Makes application of Section 552.321(d), Government Code, as added by this Act, prospective.
SECTION 7. Effective date: September 1, 2025.