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 |
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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, [ |
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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; [ |
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(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 | ||
[ |
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if a governmental body demonstrates that release of the information | ||
would harm its interests by providing a substantial [ |
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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 | ||
[ |
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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 [ |
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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. |