Bill Text: TX SB45 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to maintenance and production of electronic public information under the public information law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Business & Commerce [SB45 Detail]
Download: Texas-2023-SB45-Introduced.html
88R718 BEF-F | ||
By: Zaffirini | S.B. No. 45 |
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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. Section 552.002(a-2), Government Code, is | ||
amended to read as follows: | ||
(a-2) The definition of "public information" provided by | ||
Subsection (a) applies to and includes: | ||
(1) any electronic communication created, | ||
transmitted, received, or maintained on any device if the | ||
communication is in connection with the transaction of official | ||
business; and | ||
(2) a data dictionary or other indicia of the type or | ||
category of information held in the applicable field of a database, | ||
other than metadata that directly implicates database security. | ||
SECTION 2. 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. The contents of electronic | ||
public information, including information described by Section | ||
552.002(a-2), is significant and not merely used as a tool for the | ||
maintenance, manipulation, or protection of property. | ||
(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 uses to access, support, program, manipulate, or otherwise | ||
manage the governmental body's information. 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 computer programs used by | ||
the governmental body 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 3. Section 118.011(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) A county clerk who provides a copy in a format other than | ||
paper of a record maintained by the clerk shall provide the copy and | ||
charge a fee in accordance with Section [ |
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552.262, Government Code. | ||
SECTION 4. Section 552.231, Government Code, is repealed. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a request for public information received on or after the effective | ||
date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2023. |