Bill Text: TX HB2934 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to electronic communications during a public meeting and the definitions of public information and official business under the public information law; creating an offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-01 - Left pending in committee [HB2934 Detail]

Download: Texas-2013-HB2934-Introduced.html

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83R433 RWG-F
By: Hunter H.B. No. 2934

A BILL TO BE ENTITLED
AN ACT
relating to electronic communications during a public meeting and
the definitions of public information and official business under
the public information law; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.143, Government Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A member or group of members of a governmental body
commits an offense if the member or group of members knowingly:
(1) conspires to circumvent this chapter by meeting in
numbers less than a quorum for the purpose of secret deliberations
in violation of this chapter; or
(2) transmits an electronic communication during a
public meeting.
(c) In this section, "electronic communication" includes an
e-mail, Internet posting, text message, or instant message.
(d) Subsection (a)(2) does not apply to an electronic
communication that:
(1) contains only administrative or ministerial
information; or
(2) is sent:
(A) to a family member, contains only information
about a family matter, and does not relate to the transaction of
official business; or
(B) in relation to an emergency situation.
SECTION 2. Section 552.002, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) In this chapter, "public information" means information
that is written, produced, collected, assembled, or maintained
under a law or ordinance or in connection with or related to the
transaction of official business:
(1) by a governmental body; [or]
(2) for a governmental body and the governmental body:
(A) owns the information;
(B) [or] has a right of access to the
information; or
(C) spends or contributes public money to write,
produce, collect, assemble, or maintain the information in whole or
part; or
(3) by an individual who holds public office, is a
member of the staff of a public office holder, or is an officer or
employee of a governmental body [it].
(a-1) Public information includes any electronic
communication:
(1) transmitted through a device provided to an
individual by a governmental body for official use on behalf of the
governmental body; or
(2) maintained on a government server.
(a-2) Public information of a governmental body exists on a
device not provided by the governmental body when that device is
used by a public office holder, a member of the staff of a public
office holder, or any other official or employee of the
governmental body in connection with or related to the transaction
of official business.
(c) The general forms in which the media containing public
information exist include a book, paper, letter, document, e-mail,
Internet posting, text message, instant message, other form of
electronic communication, printout, photograph, film, tape,
microfiche, microfilm, photostat, sound recording, map, and
drawing and a voice, data, or video representation held in computer
memory.
SECTION 3. Section 552.003, Government Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Official business" means any matter over which
a governmental body has authority or administrative or advisory
duties.
SECTION 4. The changes in law made by this Act to Sections
552.002 and 552.003, Government Code, apply only to a request for
information that is received by a governmental body or an officer
for public information on or after the effective date of this Act.
A request for information that was received before the effective
date of this Act is governed by the law in effect on the date the
request was received, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect January 1, 2014.