Bill Text: TX HB2492 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the disclosure of certain contracting information under the public information law.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to State Affairs [HB2492 Detail]

Download: Texas-2023-HB2492-Introduced.html
  88R4489 TJB-D
 
  By: Capriglione H.B. No. 2492
 
 
 
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 552.003(1-a), Government Code, is
  amended to read as follows:
               (1-a)  "Contracting information" means the following
  information maintained by a governmental body or sent between a
  governmental body and a vendor, contractor, potential vendor, or
  potential contractor:
                     (A)  information in a voucher, [or] contract, or
  financial document relating to the receipt or expenditure of public
  funds by a governmental body;
                     (B)  solicitation or bid documents relating to a
  contract with a governmental body;
                     (C)  communications sent between a governmental
  body and a vendor, contractor, potential vendor, or potential
  contractor during the solicitation, evaluation, or negotiation of a
  contract;
                     (D)  documents, including bid tabulations,
  showing the criteria by which a governmental body evaluates each
  vendor, contractor, potential vendor, or potential contractor
  responding to a solicitation and, if applicable, an explanation of
  why the vendor or contractor was selected; and
                     (E)  communications and other information sent
  between a governmental body and a vendor or contractor related to
  the performance of a final contract with the governmental body or
  work performed on behalf of the governmental body.
         SECTION 2.  Section 552.0222, Government Code, is amended by
  amending Subsection (b) and adding Subsections (d), (e), and (f) to
  read as follows:
         (b)  The exceptions to disclosure provided by Sections
  552.104, 552.108, 552.110, and 552.1101 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; [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 concerning information described by this
  subsection.
         (d)  Section 552.305(a) does not apply to information
  subject to disclosure under Subsection (b).  A governmental body
  may not decline to release information subject to disclosure under
  Subsection (b) in order to allow a vendor, contractor, potential
  vendor, or potential contractor to assert an exception to
  disclosure listed in that subsection.
         (e)  A governmental body shall release information subject
  to disclosure under Subsection (b) in unredacted form, even if the
  governmental body has or will request a decision from the attorney
  general under Subchapter G regarding other information subject to
  the request.
         (f)  Notwithstanding another provision of this chapter, a
  governmental body may not request an attorney general's decision
  under Subchapter G regarding information subject to disclosure
  under Subsection (b).
         SECTION 3.  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 substantial [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 4.  Sections 552.108(a) and (b), Government Code,
  are 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.
         (b)  Except as provided by Section 552.0222, an [An] internal
  record or notation of a law enforcement agency or prosecutor that is
  maintained for internal use in matters relating to law enforcement
  or prosecution is excepted from the requirements of Section 552.021
  if:
               (1)  release of the internal record or notation would
  interfere with law enforcement or prosecution;
               (2)  the internal record or notation relates to law
  enforcement only in relation to an investigation that did not
  result in conviction or deferred adjudication; or
               (3)  the internal record or notation:
                     (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 5.  Sections 552.1101(a) and (c), Government Code,
  are 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 substantial advantage to a competitor.
         (c)  The exception to disclosure provided by Subsection (a)
  may be asserted only by a vendor, contractor, potential vendor, or
  potential contractor in the manner described by Section 552.305(b)
  for the purpose of protecting the interests of the vendor,
  contractor, potential vendor, or potential contractor.  A
  governmental body shall decline to release information as provided
  by Section 552.305(a), unless the information is subject to
  disclosure under Section 552.0222(b), to the extent necessary to
  allow a vendor, contractor, potential vendor, or potential
  contractor to assert the exception to disclosure provided by
  Subsection (a).
         SECTION 6.  Section 321.3022(f), Tax Code, is repealed.
         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, 2023.
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