BILL ANALYSIS

Senate Research Center	H.B. 3516
89R3838 MCK-F	By: Dyson (Johnson)
	Business & Commerce
	5/20/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

By request of the Texas Railroad Commission (RRC), H.B. 3516 would include their administrative law judges (ALJs) and technical examiners (TEs) in an existing exemption for disclosure requirements under the Public Information Act. Under current statute, working papers and electronic communication created by applicable personnel at the RRC are eligible for public information requests (PIRs). If an individual submits a PIR for materials related to a contested case, the RRC would have to seek a ruling from the Office of the Attorney General (OAG) as to whether certain working papers and electronic communications can be withheld from release. Although the OAG would generally determine that these sensitive materials would be withheld from disclosure, there is still uncertainty within this issue. An exception for certain working papers and electronic communications currently exists for certain personnel at the State Office of Administrative Hearings (SOAH), improving functionality. Applying these protections to the RRC would allow for more open communication and discussion.

H.B. 3516 would amend the Texas Government Code to include ALJs and TEs at the RRC in the working papers and electronic communications exemption from public information reporting requirements currently given to applicable personnel at SOAH. This would make it so applicable personnel at the RRC could maintain effectiveness and open channels for communication.

H.B. 3516 amends current law relating to the availability of certain working papers and electronic communications of certain administrative law judges and technical examiners under the public information law.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 552.144, Government Code, as follows:

Sec. 552.144. New heading: EXCEPTION: WORKING PAPERS AND ELECTRONIC COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AND TECHNICAL EXAMINERS AT STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RAILROAD COMMISSION. Provides that certain working papers and electronic communications of an administrative law judge at the State Office of Administrative Hearings or of a technical examiner or administrative law judge at the Railroad Commission of Texas are excepted from the requirements of Section 552.021 (Availability of Public Information), including notes and electronic communications recording the observations, thoughts, questions, deliberations, or impressions of an administrative law judge or a technical examiner.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.