Bill Text: TX SB923 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to open government.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Business & Commerce [SB923 Detail]
Download: Texas-2021-SB923-Introduced.html
87R7248 SGM-D | ||
By: Zaffirini | S.B. No. 923 |
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relating to open government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 551, Government Code, is | ||
amended by adding Section 551.008 to read as follows: | ||
Sec. 551.008. PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This | ||
section applies only to an open meeting of a governmental body that: | ||
(1) is held wholly or partly by: | ||
(A) telephone conference call; or | ||
(B) videoconference call; | ||
(2) is broadcast live over the Internet; or | ||
(3) uses a combination of those methods. | ||
(b) The requirements prescribed by this section are in | ||
addition to other requirements of law applicable to an open | ||
meeting. Except as provided by this section, this section prevails | ||
to the extent of a conflict with another provision of law. | ||
(c) A governmental body shall ensure that members of the | ||
public are able to listen to and, if applicable, speak at an open | ||
meeting to which this section applies by telephone. | ||
(d) A governmental body that holds an open meeting to which | ||
this section applies shall: | ||
(1) make the open meeting audible to the public by | ||
telephone and at each location described by Subsection (e)(1); | ||
(2) if the meeting is broadcast live over the Internet | ||
or held wholly or partly by videoconference call, provide public | ||
access to both audiovisual and audio-only feeds of the open meeting | ||
over the Internet; and | ||
(3) if applicable, allow members of the public to | ||
address the governmental body as provided by Section 551.007: | ||
(A) by telephone; and | ||
(B) by videoconference call if the meeting is | ||
held wholly or partly by videoconference call. | ||
(e) In addition to the notice required by this chapter, the | ||
notice of an open meeting to which this section applies must: | ||
(1) list each physical location where a member of the | ||
public may observe and participate in the meeting, including: | ||
(A) any location that is open to the public where | ||
a member of the governmental body intends to participate in the | ||
meeting; and | ||
(B) any facility provided by the governmental | ||
body for a member of the public to observe or speak at the meeting; | ||
(2) include a toll free telephone number that members | ||
of the public may use to hear and, if applicable, speak at the | ||
meeting; | ||
(3) include access information for any audiovisual or | ||
audio-only feeds required by Subsection (d)(2); and | ||
(4) include instructions for a member of the public to | ||
speak at the meeting: | ||
(A) from a remote location; or | ||
(B) while physically present at a location | ||
described by Subdivision (1). | ||
(f) An open meeting to which this section applies shall be | ||
recorded. Except as otherwise provided by law, the recording shall | ||
be made available to the public not later than 24 hours after the | ||
adjourning of the meeting. | ||
SECTION 2. Section 551.041, Government Code, is amended to | ||
read as follows: | ||
Sec. 551.041. NOTICE OF MEETING REQUIRED. A governmental | ||
body shall give written notice of the date, hour, place, and subject | ||
of each meeting held by the governmental body. The notice must | ||
include an agenda that lists the subjects to be considered in the | ||
part of the meeting that is open to the public and the subjects to be | ||
considered in the part of the meeting that is closed to the public. | ||
SECTION 3. Sections 551.128(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) Except as provided by Subsection (b-1) and subject to | ||
the requirements of this section, a governmental body may broadcast | ||
an open meeting over the Internet. A governmental body shall | ||
broadcast an open meeting over the Internet if the physical | ||
location of the meeting is not accessible to members of the public | ||
or is not large enough to accommodate all persons seeking to attend | ||
the meeting in person, including if the location has reduced | ||
capacity as the result of a public emergency or disaster. | ||
(c) Except as provided by Subsection (b-2), a governmental | ||
body that broadcasts a meeting over the Internet shall establish an | ||
Internet site and provide free and open access for members of the | ||
public to the broadcast from that site. The governmental body shall | ||
provide on the Internet site the same notice of the meeting that the | ||
governmental body is required to post under Subchapter C. The | ||
notice on the Internet must be posted within the time required for | ||
posting notice under Subchapter C. | ||
SECTION 4. Section 552.002(a-2), Government Code, is | ||
amended to read as follows: | ||
(a-2) The definition of "public information" provided by | ||
Subsection (a) applies to and includes: | ||
(1) any electronic communication created, | ||
transmitted, received, or maintained on any device if the | ||
communication is in connection with the transaction of official | ||
business; and | ||
(2) data dictionaries and other indicia of the type or | ||
category of information held in each field of a database. | ||
SECTION 5. Section 552.003, Government Code, is amended by | ||
adding Subdivision (8) to read as follows: | ||
(8) "Business day" means a day other than a: | ||
(A) Saturday or Sunday; | ||
(B) national holiday under Section 662.003(a); | ||
or | ||
(C) state holiday under Section 662.003(b). | ||
SECTION 6. Subchapter B, Chapter 552, Government Code, is | ||
amended by adding Section 552.0223 to read as follows: | ||
Sec. 552.0223. DATES OF BIRTH. Notwithstanding Section | ||
552.101, this chapter does not authorize a governmental body to | ||
withhold a date of birth except as: | ||
(1) permitted by the federal privacy requirements | ||
adopted under the Health Insurance Portability and Accountability | ||
Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 | ||
and 45 C.F.R. Part 164; or | ||
(2) otherwise provided by constitutional or statutory | ||
law. | ||
SECTION 7. Section 552.221, Government Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) If the governmental body determines it has no | ||
information responsive to a request for information, the officer | ||
for public information shall notify the requestor in writing not | ||
later than the 10th business day after the date the request is | ||
received. | ||
(g) If a governmental body determines the requested | ||
information is subject to a previous determination that permits or | ||
requires the governmental body to withhold the requested | ||
information, the officer for public information shall, not later | ||
than the 10th business day after the date the request is received: | ||
(1) notify the requestor in writing that the | ||
information is being withheld; and | ||
(2) identify in the notice the specific previous | ||
determination the governmental body is relying on to withhold the | ||
requested information. | ||
SECTION 8. Subchapter E, Chapter 552, Government Code, is | ||
amended by adding Section 552.2285 to read as follows: | ||
Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this | ||
section "electronic public information" means public information | ||
that is produced and maintained in an electronic spreadsheet or | ||
database that is searchable or sortable. | ||
(b) A governmental body's use of an electronic | ||
recordkeeping system may not erode the public's right of access to | ||
public information under this chapter. The contents of electronic | ||
public information, including information covered by Section | ||
552.002(a-2), is significant and not merely used as a tool for the | ||
maintenance, manipulation, or protection of property. | ||
(c) If a request for public information applies to | ||
electronic public information and the requestor requests the | ||
electronic public information in a searchable or sortable format, | ||
the governmental body shall provide an electronic copy of the | ||
requested electronic public information in the searchable or | ||
sortable format requested using computer software the governmental | ||
body has in its possession. If the requestor prefers, the | ||
governmental body shall provide a copy of electronic public | ||
information in the form of a paper printout. | ||
(d) A governmental body may not refuse to provide a copy of | ||
electronic public information on the grounds that exporting the | ||
information or redacting excepted information will require | ||
inputting range, search, filter, report parameters, or similar | ||
commands or instructions into the governmental body's computer | ||
system if the commands or instructions can be executed with | ||
computer software used by the governmental body in the ordinary | ||
course of business to access, support, or otherwise manage the | ||
information. | ||
(e) A requestor may request that a copy of electronic public | ||
information be provided in the format in which the information is | ||
maintained by the governmental body or in a standard export format | ||
such as a flat file electronic American Standard Code for | ||
Information Interchange (ASCII) if the governmental body's | ||
computer programs support exporting the information in that format. | ||
The governmental body shall provide the copy in the requested | ||
format or in another format acceptable to the requestor. The | ||
governmental body shall provide the copy on suitable electronic | ||
media. | ||
(f) If electronic public information is maintained by a | ||
governmental body in a format that is: | ||
(1) searchable but not sortable, the governmental body | ||
shall provide an electronic copy of the information in a searchable | ||
format that complies with this section; or | ||
(2) sortable, the governmental body shall provide an | ||
electronic copy of the information in a sortable format that | ||
complies with this section. | ||
(g) A governmental body shall make reasonable efforts to | ||
ensure that a contract entered into by the governmental body for the | ||
creation and maintenance of electronic public information does not | ||
impair the public's ability to inspect or copy the information or | ||
make the information more difficult for the public to inspect or | ||
copy than records maintained by the governmental body. | ||
(h) This section applies to public information for which a | ||
third party is the custodian for the governmental body. | ||
(i) This section does not affect the applicability to | ||
electronic public information of a confidentiality provision or | ||
other exception from required disclosure. | ||
(j) Subchapter F applies to an electronic copy or paper | ||
printout of electronic public information. | ||
SECTION 9. Section 552.301(b), Government Code, is amended | ||
to read as follows: | ||
(b) The governmental body must ask for the attorney | ||
general's decision and state the specific exceptions that apply | ||
within a reasonable time but not later than the 10th business day | ||
after the date of receiving the written request. | ||
SECTION 10. The heading to Subchapter H, Chapter 552, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT | ||
SECTION 11. Subchapter H, Chapter 552, Government Code, is | ||
amended by adding Section 552.328 to read as follows: | ||
Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a | ||
governmental body fails to respond to a requestor as required by | ||
Section 552.221, the requestor may send a written complaint to the | ||
attorney general. | ||
(b) The complaint must include: | ||
(1) the original request for information; and | ||
(2) any correspondence received from the governmental | ||
body in response to the request. | ||
(c) If the attorney general determines the governmental | ||
body improperly failed to comply with Section 552.221 in connection | ||
with a request for which a complaint is made under this section: | ||
(1) the attorney general shall notify the governmental | ||
body in writing and require the governmental body to complete open | ||
records training not later than six months after receiving the | ||
notification; | ||
(2) the governmental body may not assess costs to the | ||
requestor for producing information in response to the request; and | ||
(3) if the governmental body seeks to withhold | ||
information in response to the request, the governmental body must: | ||
(A) request an attorney general decision under | ||
Section 552.301 not later than the fifth business day after the date | ||
the governmental body receives the notification under Subdivision | ||
(1); and | ||
(B) release the requested information unless | ||
there is a compelling reason to withhold the information. | ||
SECTION 12. Chapter 2265, Government Code, is amended by | ||
adding Section 2265.002 to read as follows: | ||
Sec. 2265.002. REQUIRED POSTING OF CERTAIN CONTRACTS. (a) | ||
In this section, "governmental body" has the meaning assigned by | ||
Section 552.003. | ||
(b) Except as provided by Subsection (g), a governmental | ||
body shall post on its Internet website each contract the | ||
governmental body enters into for the purchase of goods or services | ||
from a private vendor, including each contract entered into without | ||
inviting, advertising for, or otherwise requiring competitive | ||
bidding before selection of the contractor, along with: | ||
(1) if the contract was not competitively bid, the | ||
statutory or other authority that exempts the contract from | ||
competitive bidding procedures; and | ||
(2) if the contract was competitively bid, the request | ||
for bids or proposals related to the contract. | ||
(c) A governmental body shall post the contract and any | ||
related documents required to be posted under Subsection (b) on its | ||
Internet website: | ||
(1) not later than the 14th day after the date the | ||
contract is signed or otherwise adopted by the parties to the | ||
contract; or | ||
(2) if the contract is valued at less than $15,000, not | ||
later than the 30th day after the date the contract is signed or | ||
otherwise adopted by the parties to the contract. | ||
(d) The governmental body shall maintain the posting | ||
required by Subsection (b) until the fourth anniversary of the date | ||
the contract is completed or expires. | ||
(e) A governmental body shall redact from a contract posted | ||
on its Internet website under this section: | ||
(1) information that is confidential under law; | ||
(2) information the attorney general determines is | ||
excepted from required public disclosure under Chapter 552; and | ||
(3) the social security number of any individual. | ||
(f) The redaction of information under Subsection (e) does | ||
not exempt the information from the requirements of Section 552.021 | ||
or 552.221. | ||
(g) A governmental body is not required to post the | ||
information required by Subsection (b) for: | ||
(1) a contract required to be posted under Section | ||
2261.253; | ||
(2) a memorandum of understanding, interagency | ||
contract, interlocal agreement, or contract for which there is not | ||
a cost; or | ||
(3) any contract if the governmental body does not | ||
maintain an Internet website. | ||
SECTION 13. Subchapter B, Chapter 181, Health and Safety | ||
Code, is amended by adding Section 181.060 to read as follows: | ||
Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES | ||
IN CERTAIN FACILITIES. (a) In this section: | ||
(1) "Communicable disease" has the meaning assigned by | ||
Section 81.003. | ||
(2) "Facility" means: | ||
(A) a nursing facility licensed under Chapter | ||
242; | ||
(B) a continuing care facility licensed under | ||
Chapter 246; and | ||
(C) an assisted living facility licensed under | ||
Chapter 247. | ||
(3) "Resident" means an individual, including a | ||
patient, who resides in a facility. | ||
(b) In this chapter, protected health information does not | ||
include information that identifies: | ||
(1) the name or location of a facility in which | ||
residents have been diagnosed with a communicable disease; or | ||
(2) the number of residents who have been diagnosed | ||
with a communicable disease in a facility. | ||
(c) Unless made confidential under other law, the | ||
information described by Subsection (b) is not confidential and is | ||
subject to disclosure under Chapter 552, Government Code. | ||
SECTION 14. Chapter 551, Government Code, as amended by | ||
this Act, applies only to a meeting of a governmental body held on | ||
or after the effective date of this Act. | ||
SECTION 15. Chapter 552, Government Code, as amended by | ||
this Act, applies 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 16. Not later than September 1, 2022, a | ||
governmental body shall post to its Internet website each contract | ||
to which Section 2265.002, Government Code, as added by this Act, | ||
applies that was entered into before the effective date of this Act. | ||
SECTION 17. This Act takes effect September 1, 2021. |