Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1764 by Hunter (Relating to the definition of, custody of, and access to public information; providing a criminal penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would require a current or former employee of a governmental body to surrender public information upon request of the public information officer or the custodian of public information at the governmental body. The requestor could sue in district court to compel the employee to surrender the information. The bill also would add a custodian of public information to the list of individuals who could be held liable for failing to give access to public information. "Public information" would include a state or local government record.
Local Government Impact
The bill would modify a misdemeanor offense that is punishable by a fine of not more than $1,000, confinement in jail for a term not to exceed 6 months, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
The City of Houston reported that the bill would have an impact, but the fiscal impact could not be quantified at this time.
Travis County reported that no fiscal impact is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 320 Texas Workforce Commission, 529 Health and Human Services Commission, 601 Department of Transportation, 696 Department of Criminal Justice, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 808 Historical Commission