| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to maintenance and production of electronic public |
|
|
information under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.002(a-2), Government Code, is |
|
|
amended to read as follows: |
|
|
(a-2) The definition of "public information" provided by |
|
|
Subsection (a) applies to and includes: |
|
|
(1) any electronic communication created, |
|
|
transmitted, received, or maintained on any device if the |
|
|
communication is in connection with the transaction of official |
|
|
business; and |
|
|
(2) a data dictionary or other indicia of the type or |
|
|
category of information held in the applicable field of a database, |
|
|
other than metadata that directly implicates database security. |
|
|
SECTION 2. Subchapter E, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.2285 to read as follows: |
|
|
Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this |
|
|
section "electronic public information" means public information |
|
|
that is produced and maintained in an electronic spreadsheet or |
|
|
database that is searchable or sortable. |
|
|
(b) The use of an electronic recordkeeping system by or for |
|
|
a governmental body may not erode the public's right of access to |
|
|
public information under this chapter. The contents of electronic |
|
|
public information, including information covered by Section |
|
|
552.002(a-2), is significant and not merely used as a tool for the |
|
|
maintenance, manipulation, or protection of property. |
|
|
(c) If a request for public information applies to |
|
|
electronic public information and the requestor requests the |
|
|
electronic public information in a searchable or sortable format, |
|
|
the person responding to the request shall provide an electronic |
|
|
copy of the requested electronic public information in the |
|
|
searchable or sortable format requested using computer software the |
|
|
person uses in the ordinary course of business to access, support, |
|
|
program, manipulate, or otherwise manage the governmental body's |
|
|
information. If the requestor prefers, the person responding to |
|
|
the request shall provide a copy of electronic public information |
|
|
in the form of a paper printout. |
|
|
(d) A person responding to a request for public information |
|
|
may not: |
|
|
(1) refuse to provide a copy of electronic public |
|
|
information on the grounds that exporting the information or |
|
|
redacting excepted information will require searching, sorting, or |
|
|
filtering the information with computer software used by the person |
|
|
in the ordinary course of business to access, support, or otherwise |
|
|
manage the governmental body's information; or |
|
|
(2) charge the requestor for searching, sorting, or |
|
|
filtering the information as provided by Subdivision (1). |
|
|
(e) A requestor may request that a copy of electronic public |
|
|
information be provided in the format in which the information is |
|
|
maintained by or for the governmental body or in a standard export |
|
|
format such as a flat file electronic American Standard Code for |
|
|
Information Interchange (ASCII) if the computer programs used by or |
|
|
for the governmental body support exporting the information in that |
|
|
format. The person responding to the request shall provide the copy |
|
|
in the requested format or in another format acceptable to the |
|
|
requestor. The person responding to the request shall provide the |
|
|
copy through an electronic transfer such as electronic mail or an |
|
|
electronic drop box if possible, or otherwise on suitable |
|
|
electronic media. |
|
|
(f) If electronic public information is maintained in a |
|
|
format that is: |
|
|
(1) searchable but not sortable, the person responding |
|
|
to the request shall provide an electronic copy of the information |
|
|
in a searchable format that complies with this section; or |
|
|
(2) sortable, the person responding to the request |
|
|
shall provide an electronic copy of the information in a sortable |
|
|
format that complies with this section. |
|
|
(g) Each party to a contract for the creation and |
|
|
maintenance of electronic public information by or for a |
|
|
governmental body shall use reasonable efforts to ensure the |
|
|
contract does not impair the public's ability to inspect or copy the |
|
|
information or make the information more difficult for the public |
|
|
to inspect or copy than records maintained by the governmental |
|
|
body. |
|
|
(h) This section applies to public information for which a |
|
|
third party is the custodian for the governmental body. |
|
|
(i) This section does not affect the applicability to |
|
|
electronic public information of a confidentiality provision or |
|
|
other exception from required disclosure. |
|
|
(j) Subchapter F applies to an electronic copy or paper |
|
|
printout of electronic public information. |
|
|
SECTION 3. Section 118.011(e), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(e) A county clerk who provides a copy in a format other than |
|
|
paper of a record maintained by the clerk shall provide the copy and |
|
|
charge a fee in accordance with Section [Sections 552.231 and] |
|
|
552.262, Government Code. |
|
|
SECTION 4. Section 552.231, Government Code, is repealed. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a request for public information received on or after the effective |
|
|
date of this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |