|
|
|
|
By: Davis |
S.B. No. 1368 |
|
(In the Senate - Filed March 7, 2013; March 18, 2013, read |
|
first time and referred to Committee on Open Government; |
|
April 23, 2013, reported adversely, with favorable Committee |
|
Substitute by the following vote: Yeas 3, Nays 0; April 23, 2013, |
|
sent to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1368 |
By: Davis |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to contracts by certain state governmental entities that |
|
involve the exchange or creation of public information. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|
amended by adding Section 2252.907 to read as follows: |
|
Sec. 2252.907. CONTRACTS INVOLVING EXCHANGE OR CREATION OF |
|
PUBLIC INFORMATION. (a) A contract between a state governmental |
|
entity and a nongovernmental vendor involving the exchange or |
|
creation of public information as defined by Section 552.002 that |
|
the state governmental entity collects, assembles, or maintains or |
|
has a right of access to must: |
|
(1) be drafted in consideration of the requirements of |
|
Chapter 552; and |
|
(2) contain a provision that requires the vendor to |
|
make the information not otherwise excepted from disclosure under |
|
Chapter 552 available in a specific format that is: |
|
(A) agreed upon in the contract; and |
|
(B) accessible by the public. |
|
(b) This section may not be waived by contract or otherwise. |
|
(c) A request for public information regarding a contract |
|
described by this section must be submitted to the officer or |
|
employee responsible for responding to open records requests for |
|
the state governmental entity that executed the contract. |
|
(d) In this section, "state governmental entity" means a |
|
state agency, board, commission, office, department, or other |
|
agency in the executive or legislative branch of state government. |
|
SECTION 2. The change in law made by this Act applies only |
|
to a contract for which a state governmental entity first |
|
advertises or otherwise solicits bids, proposals, offers, or |
|
qualifications on or after the effective date of this Act. A |
|
contract for which a state governmental entity advertised or |
|
otherwise solicited bids, proposals, offers, or qualifications |
|
before the effective date of this Act is governed by the law in |
|
effect immediately before the effective date of this Act, and that |
|
law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2013. |
|
|
|
* * * * * |