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A BILL TO BE ENTITLED
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AN ACT
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relating to information subject to the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.002, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) In this chapter, "public information" means information |
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that is created, collected, assembled, possessed, used, relied |
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upon, or maintained under a law or ordinance or in connection with |
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the transaction of official business: |
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(1) by a governmental body; [or] |
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(2) for a governmental body and the governmental body |
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owns the information or has a right of access to it; or |
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(3) by any person, including a government agency, |
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board, or institution or an individual, corporation or other |
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business entity, or nonprofit organization that performs a public |
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function, provides research or consulting services, or conducts a |
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study at the request of a governmental body; or |
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(d) In this chapter, "public information" includes |
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information stored in electronic format that contains public |
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documents, public records, or a communication of official business, |
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regardless of whether the information is stored on a server or in a |
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computer facility owned or maintained by a governmental body. |
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SECTION 2. Section 552.003, Government Code, is amended by |
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adding Subdivisions (1-a) and (4-a) and amending Subdivision (5) to |
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read as follows: |
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(1-a) "Administer" includes functions performed |
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pursuant to a contract to which a governmental body is a party, |
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including functions that have been completely delegated to a |
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nongovernmental entity. |
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(4-a) "Public function" means: |
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(A) a function performed or administered by: |
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(i) a governmental body; or |
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(ii) an elected or appointed public |
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official of the state or any political subdivision of the state; and |
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(B) functions that are, wholly or partly, |
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supported with public funds. |
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(5) "Public funds" means funds of the state or of a |
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governmental subdivision of the state, including funds received |
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from the federal government or as a result of intergovernmental |
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transfers. |
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SECTION 3. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.907 to read as follows: |
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Sec. 2252.907. CONTRACTS INVOLVING EXCHANGE OR CREATION OF |
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PUBLIC INFORMATION. (a) A contract between a governmental entity |
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that receives state funds and a vendor, institution, individual, |
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corporation or other business entity, or nonprofit organization |
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that performs a public function involving the exchange or creation |
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of public information must: |
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(1) be drafted in consideration of the requirements of |
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Chapter 552; and |
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(2) if the information is to be exchanged or stored in |
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an electronic format, contain a provision that the vendor or other |
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contracting entity must make the information available in a |
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specific electronic format that is: |
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(A) agreed on in the contract; and |
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(B) accessible by the public. |
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(b) The requirements of Subsection (a) apply to contracts |
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between the vendor or other contracting entity that performs a |
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public function and a subcontractor engaged to further the |
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performance of the public function. |
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(c) This section may not be waived by contract or otherwise. |
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(d) In this section, "governmental entity" means: |
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(1) a state agency, board, commission, office, |
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department, or other entity in the executive, judicial, or |
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legislative branch of state government, including an institution of |
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higher education as defined by Section 61.003, Education Code; and |
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(2) a political subdivision, including a county, |
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municipality, school district, or other special district or |
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authority of this state. |
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SECTION 4. (a) The changes in law made by this Act by |
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amending Sections 552.002 and 552.003, Government Code, apply only |
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to a request for the disclosure of public information made on or |
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after the effective date of this Act. A request for the disclosure |
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of public information made before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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(b) Section 2252.907, Government Code, as added by this Act, |
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applies only to a contract for which a governmental entity first |
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advertises or otherwise solicits bids, proposals, offers, or |
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qualifications on or after the effective date of this Act. A |
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contract for which a governmental entity advertised or otherwise |
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solicited bids, proposals, offers, or qualifications before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |