74R11011 JRD-D
By Romo H.B. No. 1012
Substitute the following for H.B. No. 1012:
By Turner of Harris C.S.H.B. No. 1012
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the availability under the open records law of
1-3 information submitted to a governmental entity by a potential
1-4 vendor or contractor.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 552.110, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 552.110. EXCEPTION: TRADE SECRETS, COMMERCIAL
1-9 INFORMATION, OR FINANCIAL INFORMATION; INFORMATION SUBMITTED BY
1-10 POTENTIAL VENDOR OR CONTRACTOR. (a) A trade secret or commercial
1-11 or financial information obtained from a person and privileged or
1-12 confidential by statute or judicial decision is excepted from the
1-13 requirements of Section 552.021.
1-14 (b) Except as provided by Subsection (c) or (d), information
1-15 submitted by a potential vendor or contractor to a governmental
1-16 entity that is related to a proposed contractual arrangement or
1-17 related to an application for placement on a bidders list or for
1-18 certification as a historically underutilized or disadvantaged
1-19 business under a local, state, or federal certification program is
1-20 excepted from the requirements of Section 552.021.
1-21 (c) Subsection (b) does not apply to:
1-22 (1) the business name, physical business address, or
1-23 business phone or facsimile numbers of a potential vendor or
1-24 contractor; or
2-1 (2) the names of the owners of the business entity
2-2 through which a potential vendor or contractor does business.
2-3 (d) After a governmental entity awards a contract to a
2-4 vendor or contractor, Subsection (b) does not apply to:
2-5 (1) information the vendor or contractor submits, or
2-6 submitted before the award of the contractor to the vendor or
2-7 contractor, that is related to the contract awarded to the vendor
2-8 or contractor; or
2-9 (2) information the vendor or contractor submitted
2-10 before the award of the contract to the vendor or contractor that
2-11 is related to an application for placement on a bidders list or for
2-12 certification as a historically underutilized or disadvantaged
2-13 business under a local, state, or federal certification program.
2-14 SECTION 2. The change in law made by this Act applies to
2-15 information acquired by a governmental entity before, on, or after
2-16 the effective date of this Act.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.