Bill Text: TX HB4132 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to maintenance and production of electronic public information under the public information law.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-14 - Referred to Business & Commerce [HB4132 Detail]
Download: Texas-2019-HB4132-Engrossed.html
By: Rodriguez, Capriglione | H.B. No. 4132 |
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relating to maintenance and production of electronic public | ||
information under the public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 552, Government Code, is | ||
amended by adding Section 552.2285 to read as follows: | ||
Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this | ||
section, "electronic public information" means public information | ||
that is produced and maintained in an electronic spreadsheet or | ||
database that is searchable or sortable. | ||
(b) A governmental body's use of an electronic | ||
recordkeeping system may not erode the public's right of access to | ||
public information under this chapter. | ||
(c) If a request for public information applies to | ||
electronic public information and the requestor requests the | ||
electronic public information in a searchable or sortable format, | ||
the governmental body shall provide an electronic copy of the | ||
requested electronic public information, in the searchable or | ||
sortable format requested, using computer software the | ||
governmental body has in its possession. If the requestor prefers, | ||
the governmental body shall provide a copy of electronic public | ||
information in the form of a paper printout. | ||
(d) A governmental body may not refuse to provide a copy of | ||
electronic public information on the grounds that exporting the | ||
information or redacting excepted information will require | ||
inputting range, search, filter, report parameters, or similar | ||
commands or instructions into the governmental body's computer | ||
system if the commands or instructions can be executed with | ||
computer software used by the governmental body in the ordinary | ||
course of business to access, support, or otherwise manage the | ||
information. | ||
(e) A requestor may request that a copy of electronic public | ||
information be provided in the format in which the information is | ||
maintained by the governmental body or in a standard export format | ||
such as a flat file electronic American Standard Code for | ||
Information Interchange (ASCII) if the governmental body's | ||
computer programs support exporting the information in that format. | ||
The governmental body shall provide the copy in the requested | ||
format or in another format acceptable to the requestor. The | ||
governmental body shall provide the copy on suitable electronic | ||
media. | ||
(f) If electronic public information is maintained by a | ||
governmental body in a format that is: | ||
(1) searchable but not sortable, the governmental body | ||
shall provide an electronic copy of the information in a searchable | ||
format that complies with this section; or | ||
(2) sortable, the governmental body shall provide an | ||
electronic copy of the information in a sortable format that | ||
complies with this section. | ||
(g) A governmental body shall use reasonable efforts to | ||
ensure that a contract entered into by the governmental body for the | ||
creation and maintenance of electronic public information does not | ||
impair the public's ability to inspect or copy the information or | ||
make the information more difficult for the public to inspect or | ||
copy than records maintained by the governmental body. | ||
(h) This section applies to public information for which a | ||
third party is the custodian for the governmental body. | ||
(i) This section does not affect the applicability to | ||
electronic public information of a confidentiality provision or | ||
other exception from required disclosure. | ||
(j) Subchapter F applies to an electronic copy or paper | ||
printout of electronic public information. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a request for public information received by a governmental body on | ||
or after the effective date of this Act. A request received before | ||
that date is governed by the law in effect when the request was | ||
received, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |