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A BILL TO BE ENTITLED
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AN ACT
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relating to the exception from disclosure under the public |
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information law for information related to competition or bidding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.104, Government Code, is amended to |
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read as follows: |
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Sec. 552.104. EXCEPTION: INFORMATION RELATED TO |
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COMPETITION OR BIDDING. (a) Except as provided by Subsection (c), |
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information [Information] is excepted from the requirements of |
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Section 552.021 if a governmental body demonstrates that release of |
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the [it is] information [that, if released,] would harm its |
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interests by providing an [give] advantage to a competitor or |
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bidder in a particular competitive situation. |
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(b) Except as provided by Subsection (c), the [The] |
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requirement of Section 552.022 that a category of information |
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listed under Section 552.022(a) is public information and not |
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excepted from required disclosure under this chapter unless |
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expressly confidential under law does not apply to information that |
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is excepted from required disclosure under this section. |
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(c) The exception to disclosure provided by Subsection (a) |
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does not apply to: |
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(1) a bid or proposal, or information contained in a |
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bid or proposal, after the governmental body executes or awards the |
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contract to which the bid or proposal relates; or |
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(2) an account, voucher, or contract, or information |
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contained in or describing an account, voucher, or contract. |
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(d) Section 552.305 does not apply to the exception under |
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this section. |
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SECTION 2. Section 552.305(a), Government Code, is amended |
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to read as follows: |
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(a) In a case in which information is requested under this |
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chapter and a person's privacy or property interests may be |
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involved, including a case under Section 552.101, [552.104,] |
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552.110, or 552.114, a governmental body may decline to release the |
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information for the purpose of requesting an attorney general |
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decision. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for information received by a governmental body or an |
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officer for public information on or after the effective date of |
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this Act. A request for information received before the effective |
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date of this Act is governed by the law in effect when the request |
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was received, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |