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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. Section 552.002(a-2), Government Code, is |
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amended to read as follows: |
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(a-2) The definition of "public information" provided by |
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Subsection (a) applies to and includes: |
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(1) any electronic communication created, |
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transmitted, received, or maintained on any device if the |
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communication is in connection with the transaction of official |
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business; and |
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(2) a data dictionary or other indicia of the type or |
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category of information held in the applicable field of a database, |
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other than metadata that directly implicates database security. |
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SECTION 2. 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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that is produced and maintained in an electronic spreadsheet or |
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database that is searchable or sortable. |
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(b) The use of an electronic recordkeeping system by or for |
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a governmental body may not erode the public's right of access to |
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public information under this chapter. The contents of electronic |
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public information, including information covered by Section |
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552.002(a-2), is significant and not merely used as a tool for the |
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maintenance, manipulation, or protection of property. |
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(c) If a request for public information applies to |
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electronic public information and the requestor requests the |
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electronic public information in a searchable or sortable format, |
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the person responding to the request shall provide an electronic |
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copy of the requested electronic public information in the |
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searchable or sortable format requested using computer software the |
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person uses in the ordinary course of business to access, support, |
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program, manipulate, or otherwise manage the governmental body's |
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information. If the requestor prefers, the person responding to |
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the request shall provide a copy of electronic public information |
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in the form of a paper printout. |
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(d) A person responding to a request for public information |
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may not: |
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(1) refuse to provide a copy of electronic public |
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information on the grounds that exporting the information or |
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redacting excepted information will require searching, sorting, or |
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filtering the information with computer software used by the person |
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in the ordinary course of business to access, support, or otherwise |
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manage the governmental body's information; or |
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(2) except for charges specifically authorized by |
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rules adopted under Section 552.262, charge the requestor for |
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searching, sorting, or filtering the information as provided by |
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Subdivision (1). |
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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 or for the governmental body or in a standard export |
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format such as a flat file electronic American Standard Code for |
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Information Interchange (ASCII) if the computer programs used by or |
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for the governmental body support exporting the information in that |
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format. The person responding to the request shall provide the copy |
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in the requested format or in another format acceptable to the |
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requestor. The person responding to the request shall provide the |
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copy through an electronic transfer such as electronic mail or an |
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electronic drop box if possible, or otherwise on suitable |
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electronic media. |
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(f) If electronic public information is maintained in a |
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format that is: |
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(1) searchable but not sortable, the person responding |
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to the request shall provide an electronic copy of the information |
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in a searchable format that complies with this section; or |
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(2) sortable, the person responding to the request |
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shall provide an electronic copy of the information in a sortable |
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format that complies with this section. |
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(g) Each party to a contract for the creation and |
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maintenance of electronic public information by or for a |
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governmental body shall use reasonable efforts to ensure the |
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contract does not impair the public's ability to inspect or copy the |
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information or make the information more difficult for the public |
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to inspect or copy than records maintained by the governmental |
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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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(i) This section does not affect the applicability to |
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electronic public information of a confidentiality provision or |
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other exception from required disclosure. |
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(j) Subchapter F applies to an electronic copy or paper |
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printout of electronic public information. |
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SECTION 3. Section 118.011(e), Local Government Code, is |
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amended to read as follows: |
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(e) A county clerk who provides a copy in a format other than |
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paper of a record maintained by the clerk shall provide the copy and |
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charge a fee in accordance with Section [Sections 552.231 and] |
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552.262, Government Code. |
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SECTION 4. Section 552.231, Government Code, is repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for public information received on or after the effective |
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date of this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |