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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, or maintained |
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under a law or ordinance or in connection with the transaction of |
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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; |
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(3) by an officer or employee of a government agency, |
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board, or institution; or |
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(4) by an individual, corporation, or other business |
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entity that, at the request of a governmental body, performs a |
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public function, provides research or consulting services, or |
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conducts a study to the extent the public function, research, |
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consulting services, or study is directly supported by public |
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funds. |
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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 Subdivision (4-a) and amending Subdivision (5) to read as |
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follows: |
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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; |
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(B) a function that is, wholly or partly, |
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supported with public funds, only to the extent it is directly |
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supported by public funds; and |
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(C) a function that has been delegated to a |
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nongovernmental entity pursuant to a contract to which a |
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governmental body is a party. |
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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 by |
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a governmental body from the federal government or received as a |
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result of intergovernmental transfers. |
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SECTION 3. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Section 552.233 to read as follows: |
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Sec. 552.233. REQUESTS FOR PUBLIC INFORMATION RELATED TO A |
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GOVERNMENT CONTRACT. (a) A request for public information |
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relating to a contract entered into by a governmental body under |
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Section 2252.907 must be submitted to the governmental body that |
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entered into the contract. |
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(b) The vendor, institution, individual, corporation, or |
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other business entity that performs a public function under a |
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contract entered into under Section 2252.907 shall assemble the |
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public information that is the subject of the request under |
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Subsection (a) and provide the information to the contracting |
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governmental body. The governmental body shall make the |
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information available to the requestor or request a decision in |
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accordance with this chapter. |
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SECTION 4. 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 body |
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and a vendor, institution, individual, corporation, or other |
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business entity that performs a public function involving the |
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exchange or creation of public information must: |
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(1) be drafted in compliance with the disclosure |
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requirements of 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 to the |
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governmental body in a 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 body" has the meaning |
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assigned by Section 552.003. |
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SECTION 5. (a) The changes in law made by this Act by |
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amending Sections 552.002 and 552.003, Government Code, and by |
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adding Section 552.233, Government Code, apply only to a request |
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for the disclosure of public information made on or after the |
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effective date of this Act. A request for the disclosure of public |
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information made before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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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 body 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 body 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 6. This Act takes effect September 1, 2011. |
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* * * * * |