LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 19, 2009

TO:
Honorable Burt R. Solomons, Chair, House Committee on State Affairs
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1630 by Wentworth (Relating to the availability of information under the public information law.), As Engrossed

As a result of this bill there will be no significant restriction upon:

(1) the open records law; or
(2) the access to government information.

The bill would amend the Government Code relating to the availability of information under the public information law. Under current law, information regarding the location, appraisal, or purchase price of real or personal property for a public purpose prior to a public announcement, or formal award of a project or a contract is excepted from the public information law.

The bill would allow a member, committee, or agency of the legislature required by a governmental body to sign a confidentiality agreement to seek an Attorney General's (AG) decision, or appeal an AG's decision regarding the confidentiality of information covered under the confidentiality agreement. The Attorney General would be required to render a decision within 45 days after receipt of the request for a decision. The bill would require the Attorney General to establish procedures and deadlines for receiving information necessary to render decisions. This section would be effective September 1, 2010.

The bill would allow a public information officer to inform a person requesting information in writing that the public information is available on a governmental body's Internet website, and provide the exact Internet location or uniform resource locator (URL) in writing, as well as offer the person access to a computer at no charge.

The bill would allow a person who accesses public information on an Internet website to also request written copies of the same information, but would exclude information relating to real property record titles and tax parcel identification numbers from the requirement.
 
The bill would exclude a nonprofit corporation organized for the purposes of a chamber of commerce from the definition of a "Governmental body" under Section 552.003(1) of the Government Code.



Source Agencies:
LBB Staff:
JOB, TP, SD