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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of certain contracting information under |
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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 552.003(1-a), Government Code, is |
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amended to read as follows: |
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(1-a) "Contracting information" means the following |
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information maintained by a governmental body or sent between a |
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governmental body and a vendor, contractor, potential vendor, or |
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potential contractor: |
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(A) information in a voucher, [or] contract, or |
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financial document relating to the receipt or expenditure of public |
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funds by a governmental body; |
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(B) solicitation or bid documents relating to a |
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contract with a governmental body; |
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(C) communications sent between a governmental |
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body and a vendor, contractor, potential vendor, or potential |
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contractor during the solicitation, evaluation, or negotiation of a |
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contract; |
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(D) documents, including bid tabulations, |
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showing the criteria by which a governmental body evaluates each |
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vendor, contractor, potential vendor, or potential contractor |
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responding to a solicitation and, if applicable, an explanation of |
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why the vendor or contractor was selected; and |
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(E) communications and other information sent |
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between a governmental body and a vendor or contractor related to |
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the performance of a final contract with the governmental body or |
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work performed on behalf of the governmental body. |
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SECTION 2. Section 552.0222, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(b) The exceptions to disclosure provided by Sections |
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552.104, 552.108, 552.110, and 552.1101 do not apply to the |
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following types of contracting information: |
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(1) a contract described by Section 2261.253(a), |
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excluding any information that was properly redacted under |
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Subsection (e) of that section; |
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(2) a contract described by Section 322.020(c), |
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excluding any information that was properly redacted under |
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Subsection (d) of that section; |
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(3) the following contract or offer terms or their |
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functional equivalent: |
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(A) any term describing the overall or total |
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price the governmental body will or could potentially pay, |
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including overall or total value, maximum liability, and final |
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price; |
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(B) a description of the items or services to be |
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delivered with the total price for each if a total price is |
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identified for the item or service in the contract; |
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(C) the delivery and service deadlines; |
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(D) the remedies for breach of contract; |
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(E) the identity of all parties to the contract; |
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(F) the identity of all subcontractors in a |
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contract; |
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(G) the affiliate overall or total pricing for a |
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vendor, contractor, potential vendor, or potential contractor, |
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including operating costs; |
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(H) the execution dates; |
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(I) the effective dates; and |
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(J) the contract duration terms, including any |
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extension options; [or] |
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(4) information indicating whether a vendor, |
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contractor, potential vendor, or potential contractor performed |
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its duties under a contract, including information regarding: |
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(A) a breach of contract; |
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(B) a contract variance or exception; |
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(C) a remedial action; |
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(D) an amendment to a contract; |
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(E) any assessed or paid liquidated damages; |
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(F) a key measures report; |
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(G) a progress report; and |
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(H) a final payment checklist; or |
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(5) communications and other information sent between |
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a governmental body and a vendor, contractor, potential vendor, or |
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potential contractor concerning information described by this |
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subsection. |
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(d) Section 552.305(a) does not apply to information |
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subject to disclosure under Subsection (b). A governmental body |
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may not decline to release information subject to disclosure under |
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Subsection (b) in order to allow a vendor, contractor, potential |
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vendor, or potential contractor to assert an exception to |
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disclosure listed in that subsection. |
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(e) A governmental body shall release information subject |
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to disclosure under Subsection (b) in unredacted form, even if the |
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governmental body has or will request a decision from the attorney |
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general under Subchapter G regarding other information subject to |
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the request. |
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(f) Notwithstanding another provision of this chapter, a |
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governmental body may not request an attorney general's decision |
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under Subchapter G regarding information subject to disclosure |
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under Subsection (b). |
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SECTION 3. Section 552.104(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Section 552.0222, information |
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[Information] is excepted from the requirements of Section 552.021 |
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if a governmental body demonstrates that release of the information |
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would harm its interests by providing a substantial [an] advantage |
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to a competitor or bidder in a particular ongoing competitive |
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situation or in a particular competitive situation where the |
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governmental body establishes the situation at issue is set to |
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reoccur or there is a specific and demonstrable intent to enter into |
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the competitive situation again in the future. |
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SECTION 4. Sections 552.108(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Section 552.0222, information |
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[Information] held by a law enforcement agency or prosecutor that |
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deals with the detection, investigation, or prosecution of crime is |
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excepted from the requirements of Section 552.021 if: |
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(1) release of the information would interfere with |
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the detection, investigation, or prosecution of crime; |
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(2) it is information that deals with the detection, |
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investigation, or prosecution of crime only in relation to an |
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investigation that did not result in conviction or deferred |
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adjudication; |
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(3) it is information relating to a threat against a |
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peace officer or detention officer collected or disseminated under |
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Section 411.048; or |
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(4) it is information that: |
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(A) is prepared by an attorney representing the |
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state in anticipation of or in the course of preparing for criminal |
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litigation; or |
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(B) reflects the mental impressions or legal |
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reasoning of an attorney representing the state. |
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(b) Except as provided by Section 552.0222, an [An] internal |
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record or notation of a law enforcement agency or prosecutor that is |
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maintained for internal use in matters relating to law enforcement |
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or prosecution is excepted from the requirements of Section 552.021 |
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if: |
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(1) release of the internal record or notation would |
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interfere with law enforcement or prosecution; |
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(2) the internal record or notation relates to law |
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enforcement only in relation to an investigation that did not |
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result in conviction or deferred adjudication; or |
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(3) the internal record or notation: |
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(A) is prepared by an attorney representing the |
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state in anticipation of or in the course of preparing for criminal |
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litigation; or |
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(B) reflects the mental impressions or legal |
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reasoning of an attorney representing the state. |
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SECTION 5. Sections 552.1101(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Section 552.0222, information |
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submitted to a governmental body by a vendor, contractor, potential |
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vendor, or potential contractor in response to a request for a bid, |
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proposal, or qualification is excepted from the requirements of |
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Section 552.021 if the vendor, contractor, potential vendor, or |
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potential contractor that the information relates to demonstrates |
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based on specific factual evidence that disclosure of the |
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information would: |
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(1) reveal an individual approach to: |
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(A) work; |
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(B) organizational structure; |
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(C) staffing; |
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(D) internal operations; |
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(E) processes; or |
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(F) discounts, pricing methodology, pricing per |
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kilowatt hour, cost data, or other pricing information that will be |
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used in future solicitation or bid documents; and |
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(2) give a substantial advantage to a competitor. |
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(c) The exception to disclosure provided by Subsection (a) |
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may be asserted only by a vendor, contractor, potential vendor, or |
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potential contractor in the manner described by Section 552.305(b) |
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for the purpose of protecting the interests of the vendor, |
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contractor, potential vendor, or potential contractor. A |
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governmental body shall decline to release information as provided |
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by Section 552.305(a), unless the information is subject to |
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disclosure under Section 552.0222(b), to the extent necessary to |
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allow a vendor, contractor, potential vendor, or potential |
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contractor to assert the exception to disclosure provided by |
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Subsection (a). |
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SECTION 6. Section 321.3022(f), Tax Code, is repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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a request for public information that is received by a governmental |
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body or an officer for public information on or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |