BILL ANALYSIS

 

 

Senate Research Center	H.B. 4219
89R5687 MCK-F	By: Capriglione (Zaffirini)
	Business & Commerce
	5/9/2025
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Public Information Act (TPIA) was intended to allow Texans to remain informed about their government and to keep watch on its actions. Uniformity in how governmental bodies respond to TPIA requests promotes accountability and benefits government employees and citizens alike. Under TPIA, government agencies must provide the requested public records or seek an attorney general ruling to withhold the information within 10 days. A governmental entity, however, is not required to inform a requestor if it does not have responsive information or if the agency is relying upon a previous attorney general determination to withhold the information. This lack of communication can create distrust in government and may leave the requestor unsure whether requested documents exist or if their request was ever received.

 

H.B. 4219 would require a governmental entity that determines it had no information responsive to a public information request, or that is relying on a previous determination to withhold the requested information, to notify the requestor, in writing, within 10 days after the request was received. If the attorney general determines that a governmental entity fails to comply with these requirements, the governmental body's public information officer, or their designee, must complete open records training within six months. This change would improve compliance and implement a recommendation from the Senate Committee on State Affairs Interim Report to the 89th Legislature to enhance training for local governments that fail to meet TPIA requirements. 

 

H.B. 4219 amends current law relating to a governmental body's response to a request for public information.

 

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 552.221, Government Code, by adding Subsections (f) and (g), as follows:

 

(f) Requires the officer for public information, if the governmental body determines it has no information responsive to a request for information, to notify the requestor in writing not later than the 10th business day after the date the request is received.

 

(g) Requires the officer for public information, if a governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, not later than the 10th business day after the date the request is received, to notify the requestor in writing that the information is being withheld and identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information.

 

SECTION 2. Amends Section 552.301(b), Government Code, to require the governmental body to ask for the attorney general's decision and state the specific exceptions that apply within a reasonable time but not later than the 10th business day after the date of receiving the written request.

 

SECTION 3. Amends the heading to Subchapter H, Chapter 552, Government Code, to read as follows:

 

SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT

 

SECTION 4. Amends Subchapter H, Chapter 552, Government Code, by adding Section 552.328, as follows:

 

Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) Authorizes a requestor of public information, if a governmental body fails to respond to the requestor as required by Section 552.221 (Application for Public Information; Production of Public Information), to send a written complaint to the attorney general.

 

(b) Requires that the complaint include the original request for information and any correspondence received from the governmental body in response to the request.

 

(c) Provides that if the attorney general determines the governmental body improperly failed to comply with Section 552.221 in connection with a request for which a complaint is made under this section:

 

(1) the attorney general is required to notify the governmental body in writing and require the governmental body's public information officer or the officer's designee to complete open records training not later than six months after receiving the notification;

 

(2) the governmental body is prohibited from assessing costs to the requestor for producing information in response to the request; and

 

(3) if the governmental body seeks to withhold information in response to the request, the governmental body is required to request an attorney general decision under Section 552.301 not later than the fifth business day after the date the governmental body receives the notification under Subdivision (1) and release the requested information unless there is a compelling reason to withhold the information.

 

SECTION 5. Makes application of this Act prospective.

 

SECTION 6. Effective date: September 1, 2025.