85R5525 BEF-F
 
  By: Watson S.B. No. 407
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exception from disclosure under the public
  information law for information related to competition or bidding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.104, Government Code, is amended to
  read as follows:
         Sec. 552.104.  EXCEPTION: INFORMATION RELATED TO
  COMPETITION OR BIDDING.  (a)  Except as provided by Subsection (c),
  information [Information] is excepted from the requirements of
  Section 552.021 if a governmental body demonstrates that release of
  the [it is] information [that, if released,] would harm its
  interests by providing an [give] advantage to a competitor or
  bidder in a particular competitive situation.
         (b)  Except as provided by Subsection (c), the [The]
  requirement of Section 552.022 that a category of information
  listed under Section 552.022(a) is public information and not
  excepted from required disclosure under this chapter unless
  expressly confidential under law does not apply to information that
  is excepted from required disclosure under this section.
         (c)  The exception under this section does not apply to:
               (1)  a bid or proposal, or information contained in a
  bid or proposal, after the governmental body executes or awards the
  contract to which the bid or proposal relates; or
               (2)  an account, voucher, or contract, or information
  contained in or describing an account, voucher, or contract.
         (d)  Section 552.305 does not apply to the exception under
  this section.
         SECTION 2.  Section 552.305(a), Government Code, is amended
  to read as follows:
         (a)  In a case in which information is requested under this
  chapter and a person's privacy or property interests may be
  involved, including a case under Section 552.101, [552.104,]
  552.110, or 552.114, a governmental body may decline to release the
  information for the purpose of requesting an attorney general
  decision.
         SECTION 3.  The changes in law made by this Act apply only to
  a request for information received by a governmental body or an
  officer for public information on or after the effective date of
  this Act.  A request for information received before the effective
  date of this Act is governed by the law in effect when the request
  was received, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2017.