BILL ANALYSIS Senate Research Center S.B. 765 89R3541 MCK-D By: Kolkhorst Business & Commerce 2/25/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, the ways in which agencies detect fraud are available under an open records request. Therefore, a bad actor is able to request from an agency their modus operandi for detecting fraud, and potentially use it as a playbook to commit fraud against the agency and by extension, the state. S.B. 765 closes this loophole by excluding fraud detection and deterrence measures from open records requests. As proposed, S.B. 765 amends current law relating to the confidentiality of fraud detection and deterrence information under the public information law. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 552, Government Code, by adding Section 552.164, as follows: Sec. 552.164. EXCEPTION: CONFIDENTIALITY OF INFORMATION REGARDING FRAUD DETECTION AND DETERRENCE MEASURES. Provides that information in the custody of a governmental body that relates to fraud detection and deterrence measures is confidential and excepted from the requirements of Section 552.021 (Availability of Public Information). Provides that, for purposes of this section, fraud detection information includes risk assessments, reports, data, protocols, technology specifications, manuals, instructions, investigative materials, crossmatches, mental impressions, and communications that may reveal the methods or means by which a governmental body prevents, investigates, or evaluates fraud. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 765
89R3541 MCK-D By: Kolkhorst
Business & Commerce
2/25/2025
As Filed
Senate Research Center
S.B. 765
89R3541 MCK-D
By: Kolkhorst
Business & Commerce
2/25/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the ways in which agencies detect fraud are available under an open records request. Therefore, a bad actor is able to request from an agency their modus operandi for detecting fraud, and potentially use it as a playbook to commit fraud against the agency and by extension, the state.
S.B. 765 closes this loophole by excluding fraud detection and deterrence measures from open records requests.
As proposed, S.B. 765 amends current law relating to the confidentiality of fraud detection and deterrence information under the public information law.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 552, Government Code, by adding Section 552.164, as follows:
Sec. 552.164. EXCEPTION: CONFIDENTIALITY OF INFORMATION REGARDING FRAUD DETECTION AND DETERRENCE MEASURES. Provides that information in the custody of a governmental body that relates to fraud detection and deterrence measures is confidential and excepted from the requirements of Section 552.021 (Availability of Public Information). Provides that, for purposes of this section, fraud detection information includes risk assessments, reports, data, protocols, technology specifications, manuals, instructions, investigative materials, crossmatches, mental impressions, and communications that may reveal the methods or means by which a governmental body prevents, investigates, or evaluates fraud.
SECTION 2. Effective date: September 1, 2025.