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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of certain electronic information |
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under 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 552.003, Government Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a) and (5-a) to |
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read as follows: |
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(1) "File format" means the specifications by which |
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information in electronic form is encoded for storage in a computer |
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file, including the file type and file extension. |
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(1-a) "Governmental body": |
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(A) means: |
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(i) a board, commission, department, |
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committee, institution, agency, or office that is within or is |
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created by the executive or legislative branch of state government |
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and that is directed by one or more elected or appointed members; |
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(ii) a county commissioners court in the |
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state; |
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(iii) a municipal governing body in the |
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state; |
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(iv) a deliberative body that has |
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rulemaking or quasi-judicial power and that is classified as a |
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department, agency, or political subdivision of a county or |
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municipality; |
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(v) a school district board of trustees; |
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(vi) a county board of school trustees; |
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(vii) a county board of education; |
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(viii) the governing board of a special |
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district; |
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(ix) the governing body of a nonprofit |
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corporation organized under Chapter 67, Water Code, that provides a |
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water supply or wastewater service, or both, and is exempt from ad |
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valorem taxation under Section 11.30, Tax Code; |
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(x) a local workforce development board |
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created under Section 2308.253; |
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(xi) a nonprofit corporation that is |
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eligible to receive funds under the federal community services |
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block grant program and that is authorized by this state to serve a |
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geographic area of the state; and |
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(xii) the part, section, or portion of an |
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organization, corporation, commission, committee, institution, or |
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agency that spends or that is supported in whole or in part by |
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public funds; and |
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(B) does not include the judiciary. |
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(5-a) "Record layout" means: |
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(A) a description of the type or category of |
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information held in each field of a data file; |
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(B) the location of data in a data file; and |
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(C) the number of characters in each field of a |
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data file, if available. |
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SECTION 2. Subchapter B, Chapter 552, Government Code, is |
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amended by adding Section 552.0224 to read as follows: |
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Sec. 552.0224. RIGHT OF ACCESS TO RECORD LAYOUT. |
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Notwithstanding any other law, the record layout of a data file |
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maintained by a governmental body or by a vendor or other entity on |
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behalf of a governmental body: |
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(1) is public information; |
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(2) is not confidential; and |
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(3) is not excepted from required disclosure. |
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SECTION 3. Section 552.228, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(b) If public information exists in an electronic form or |
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magnetic medium, the requestor may request a copy: |
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(1) in an electronic medium, such as on diskette or on |
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magnetic tape; or |
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(2) in a specific file format, including the file |
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format used by the governmental body to maintain the information, |
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along with the record layout of and instructions for accessing the |
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file provided. |
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(b-1) A governmental body shall provide a copy in the |
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requested medium or file format if: |
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(1) the governmental body has the technological |
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ability to produce a copy of the requested information in the |
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requested medium or file format; |
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(2) the governmental body is not required to purchase |
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any software or hardware to accommodate the request; and |
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(3) provision of a copy of the information in the |
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requested medium or file format will not violate the terms of any |
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copyright agreement between the governmental body and a third |
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party. |
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(c) If a governmental body is unable to comply with a |
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request to produce a copy of information in a requested medium or |
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file format for any of the reasons described by this section, the |
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governmental body shall provide a copy in another medium or file |
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format that is acceptable to the requestor. A governmental body is |
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not required to copy information onto a diskette or other material |
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provided by the requestor but may use its own supplies. |
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SECTION 4. Sections 552.231(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) A governmental body shall provide to a requestor the |
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written statement described by Subsection (b) if the governmental |
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body determines: |
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(1) that responding to a request for public |
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information will require programming or manipulation of data; and |
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(2) that: |
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(A) compliance with the request is not feasible |
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or will result in substantial interference with its ongoing |
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operations; or |
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(B) the information could be made available in |
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the requested form or file format only at a cost that covers the |
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programming and manipulation of data. |
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(b) The written statement must include: |
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(1) a statement that the information is not available |
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in the requested form or file format; |
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(2) a description of the forms or file formats [form] |
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in which the information is available or may be made available; |
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(3) a description of any contract or services that |
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would be required to provide the information in the requested form |
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or file format; |
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(4) a statement of the estimated cost of providing the |
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information in the requested form or file format, as determined in |
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accordance with the rules established by the attorney general under |
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Section 552.262; and |
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(5) a detailed description of each specific |
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programming or manipulation task required to provide the |
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information in the requested form or file format and a statement of |
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the anticipated time required to perform each task [provide the
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information in the requested form]. |
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(d) On providing the written statement to the requestor as |
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required by this section, the governmental body does not have any |
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further obligation to provide the information in the requested form |
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or file format or in the form or file format in which it is available |
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unless within 30 days the requestor states in writing to the |
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governmental body that the requestor: |
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(1) wants the governmental body to provide the |
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information in the requested form or file format according to the |
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cost and time parameters set out in the statement or according to |
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other terms to which the requestor and the governmental body agree; |
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or |
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(2) wants the information in the form or file format in |
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which it is available. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for information received by a governmental body on or |
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after the effective date of this Act. A request received before the |
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effective date of this Act is governed by the law in effect when the |
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request was received, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |