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A BILL TO BE ENTITLED
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AN ACT
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relating to maintenance and production of electronic public |
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information 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. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Section 552.2285 to read as follows: |
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Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this |
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section "electronic public information" means public information |
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maintained in electronic form by a governmental body. The term |
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includes electronic records and data from database fields. |
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(b) A governmental body's use of an electronic |
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recordkeeping system may not erode the public's right of access to |
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public information under this chapter. |
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(c) If a request for public information applies to |
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electronic public information, the governmental body shall |
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provide, in the manner described by this section, an electronic |
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copy of the requested electronic public information using computer |
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software the governmental body has in its possession. If the |
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requestor prefers, the governmental body shall provide a copy of |
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electronic public information in the form of a paper printout. |
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(d) A governmental body may not refuse to provide a copy of |
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electronic public information on the grounds that exporting the |
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information or redacting excepted information will require |
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inputting range, search, filter, report parameters, or similar |
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commands or instructions into the governmental body's computer |
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system if the commands or instructions can be executed with |
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computer software used by the governmental body in the ordinary |
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course of business to access, support, or otherwise manage the |
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information. |
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(e) A requestor may request that a copy of electronic public |
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information be provided in the format in which the information is |
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maintained by the governmental body or in a standard export format |
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such as a flat file electronic American Standard Code for |
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Information Interchange (ASCII) if the governmental body's |
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computer programs support exporting the information in that format. |
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The governmental body shall provide the copy in the requested |
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format or in another format acceptable to the requestor. The |
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governmental body shall provide the copy on suitable electronic |
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media. |
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(f) If electronic public information is maintained by a |
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governmental body in a format that is: |
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(1) neither searchable nor sortable, the governmental |
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body shall provide an electronic copy of the information in a format |
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that complies with this section; |
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(2) searchable but not sortable, the governmental body |
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shall provide an electronic copy of the information in a searchable |
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format that complies with this section; or |
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(3) sortable, the governmental body shall provide an |
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electronic copy of the information in a sortable format that |
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complies with this section. |
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(g) A governmental body may not enter into a contract for |
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the creation or maintenance of electronic public information that |
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impairs the public's ability to inspect or copy the information, |
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including a contract for the creation of a publicly accessible |
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version of information that is more difficult for the public to |
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inspect or copy than records maintained by the governmental body. |
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(h) This section applies to public information for which a |
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third party is the custodian for the governmental body. |
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SECTION 2. Sections 552.228(b) and (c), Government Code, |
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are repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for public information received by a governmental body on |
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or after the effective date of this Act. A request received before |
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that date is governed by the law in effect when the request was |
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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, 2019. |