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AN ACT
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relating to public information pertaining to the official business |
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of governmental bodies and to contracts by certain state |
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governmental entities that involve the exchange or creation of |
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public information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.002, Government Code, is amended to |
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read as follows: |
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Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA |
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CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public |
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information" means information that is written, produced, |
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collected, assembled, or maintained under a law or ordinance or in |
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connection with the transaction of official business: |
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(1) by a governmental body; [or] |
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(2) for a governmental body and the governmental body: |
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(A) owns the information; [or] |
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(B) has a right of access to the information; or |
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(C) spends or contributes public money for the |
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purpose of writing, producing, collecting, assembling, or |
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maintaining the information; or |
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(3) by an individual officer or employee of a |
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governmental body in the officer's or employee's official capacity |
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and the information pertains to official business of the |
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governmental body [it]. |
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(a-1) Information is in connection with the transaction of |
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official business if the information is created by, transmitted to, |
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received by, or maintained by an officer or employee of the |
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governmental body in the officer's or employee's official capacity, |
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or a person or entity performing official business or a |
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governmental function on behalf of a governmental body, and |
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pertains to official business of the governmental body. |
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(a-2) The definition of "public information" provided by |
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Subsection (a) applies to and includes any electronic communication |
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created, transmitted, received, or maintained on any device if the |
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communication is in connection with the transaction of official |
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business. |
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(b) The media on which public information is recorded |
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include: |
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(1) paper; |
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(2) film; |
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(3) a magnetic, optical, [or] solid state, or other |
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device that can store an electronic signal; |
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(4) tape; |
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(5) Mylar; and |
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(6) any physical material on which information may be |
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recorded, including linen,[;
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[(7)] silk,[;] and |
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[(8)] vellum. |
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(c) The general forms in which the media containing public |
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information exist include a book, paper, letter, document, e-mail, |
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Internet posting, text message, instant message, other electronic |
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communication, printout, photograph, film, tape, microfiche, |
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microfilm, photostat, sound recording, map, and drawing and a |
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voice, data, or video representation held in computer memory. |
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SECTION 2. Section 552.003, Government Code, is amended by |
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adding Subdivision (2-a) to read as follows: |
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(2-a) "Official business" means any matter over which a |
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governmental body has any authority, administrative duties, or |
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advisory duties. |
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SECTION 3. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.907 to read as follows: |
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Sec. 2252.907. CONTRACTS INVOLVING EXCHANGE OR CREATION OF |
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PUBLIC INFORMATION. (a) A contract between a state governmental |
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entity and a nongovernmental vendor involving the exchange or |
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creation of public information as defined by Section 552.002 that |
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the state governmental entity collects, assembles, or maintains or |
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has a right of access to must: |
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(1) be drafted in consideration of the requirements of |
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Chapter 552; and |
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(2) contain a provision that requires the vendor to |
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make the information not otherwise excepted from disclosure under |
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Chapter 552 available in a specific format that is: |
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(A) agreed upon in the contract; and |
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(B) accessible by the public. |
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(b) This section may not be waived by contract or otherwise. |
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(c) A request for public information regarding a contract |
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described by this section must be submitted to the officer or |
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employee responsible for responding to open records requests for |
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the state governmental entity that executed the contract. |
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(d) In this section, "state governmental entity" means a |
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state agency, board, commission, office, department, or other |
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agency in the executive or legislative branch of state government. |
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SECTION 4. Section 2252.907, Government Code, as added by |
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this Act, applies only to a contract for which a state governmental |
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entity first advertises or otherwise solicits bids, proposals, |
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offers, or qualifications on or after the effective date of this |
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Act. A contract for which a state governmental entity advertised or |
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otherwise solicited bids, proposals, offers, or qualifications |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1368 passed the Senate on |
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April 25, 2013, by the following vote: Yeas 24, Nays 4; and that |
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the Senate concurred in House amendments on May 24, 2013, by the |
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following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1368 passed the House, with |
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amendments, on May 22, 2013, by the following vote: Yeas 93, |
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Nays 56, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |