89R16880 TJB-D

By: Johnson S.B. No. 2632

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of certain contracting information under the public information law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.0222, Government Code, is amended by amending Subsection (b) and adding Subsections (b-1), (d), (e), and (f) to read as follows:

(b) The exceptions to disclosure provided by Sections 552.108(a), 552.110, [and] 552.1101, and 552.131 do not apply to the following types of contracting information:

(1) a contract described by Section 2261.253(a), excluding any information that was properly redacted under Subsection (e) of that section;

(2) a contract described by Section 322.020(c), excluding any information that was properly redacted under Subsection (d) of that section;

(3) the following contract or offer terms or their functional equivalent:

(A) any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price;

(B) a description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract;

(C) the delivery and service deadlines;

(D) the remedies for breach of contract;

(E) the identity of all parties to the contract;

(F) the identity of all subcontractors in a contract;

(G) the affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor, including operating costs;

(H) the execution dates;

(I) the effective dates; [and]

(J) the contract duration terms, including any extension options; and

(K) any exemption, deduction, credit, exclusion, waiver, rebate, discount, deferral, or other abatement or reduction of tax liability of a business entity or other person that the entity or person may receive in exchange for or as a result of conducting an activity; [or]

(4) information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding:

(A) a breach of contract;

(B) a contract variance or exception;

(C) a remedial action;

(D) an amendment to a contract;

(E) any assessed or paid liquidated damages;

(F) a key measures report;

(G) a progress report; and

(H) a final payment checklist; or

(5) communications and other information sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor containing information described by Subsection (b)(3) or (4).

(b-1) The exceptions to disclosure provided by Sections 552.103 and 552.104 do not apply to information described by Subsection (b) that is contained in a contract entered into by a governmental body.

(d) Section 552.305(a) does not apply to information subject to disclosure under Subsection (b) or (b-1). A governmental body may not decline to release information subject to disclosure under Subsection (b) or (b-1) in order to allow a vendor, contractor, potential vendor, or potential contractor to assert an exception to disclosure listed in those subsections.

(e) A governmental body shall release information subject to disclosure under Subsection (b) or (b-1) without redactions, unless those redactions are required by law.

(f) Notwithstanding another provision of this chapter, a governmental body shall release information as provided by Subsection (e) before requesting an attorney general's decision under Subchapter G regarding information subject to disclosure under Subsection (b) or (b-1). This subsection does not apply to the production of information by a governmental body that is unable to produce the information before the deadline prescribed by this chapter to request an attorney general's decision under Subchapter G, in which case the governmental body shall certify that fact in writing to the requestor and set a date and hour within a reasonable time for such production as provided by Section 552.221(d).

SECTION 2. Section 552.104(a), Government Code, is amended to read as follows:

(a) Except as provided by Section 552.0222, information [Information] is excepted from the requirements of Section 552.021 if a governmental body demonstrates that release of the information would harm its interests by providing a decisive [an] advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future.

SECTION 3. Section 552.108(a), Government Code, is amended to read as follows:

(a) Except as provided by Section 552.0222, information [Information] held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with the detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;

(3) it is information relating to a threat against a peace officer or detention officer collected or disseminated under Section 411.048; or

(4) it is information that:

(A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or

(B) reflects the mental impressions or legal reasoning of an attorney representing the state.

SECTION 4. Section 552.1101(a), Government Code, is amended to read as follows:

(a) Except as provided by Section 552.0222, information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from the requirements of Section 552.021 if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that disclosure of the information would:

(1) reveal an individual approach to:

(A) work;

(B) organizational structure;

(C) staffing;

(D) internal operations;

(E) processes; or

(F) discounts, pricing methodology, pricing per kilowatt hour, cost data, or other pricing information that will be used in future solicitation or bid documents; and

(2) give a decisive advantage to a competitor.

SECTION 5. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.1102 to read as follows:

Sec. 552.1102. EXCEPTION; CONFIDENTIALITY OF CERTAIN PROPRIETARY INFORMATION OF ENGINEERS AND ARCHITECTS. Notwithstanding Section 552.0222, information submitted to a governmental body by a respondent in response to a request for qualifications or proposals for professional engineering or architectural services is excepted from the requirements of Section 552.021 if:

(1) the information reveals the respondent's approach to work, organizational structure, staffing, internal operations, or processes;

(2) the respondent has taken reasonable measures under the circumstances to keep the information confidential; and

(3) the information is not contained in a contract entered into by the governmental body.

SECTION 6. Section 321.3022(f), Tax Code, is amended to read as follows:

(f) Information received by a municipality or other local governmental entity under this section is confidential, is not open to public inspection, and may be used only for the purpose of economic forecasting, for internal auditing of a tax paid to the municipality or other local governmental entity under this chapter, or for the purpose described in Subsection (g). This subsection does not apply to information received by a municipality or other local governmental entity under this section that is contracting information described by Section 552.0222(b), Government Code, which is subject to disclosure as provided by that section.

SECTION 7. The changes in law made by this Act apply only to a request for public information that is received by a governmental body or an officer for public information on or after the effective date of this Act.

SECTION 8. This Act takes effect September 1, 2025.