87R7248 SGM-D
	By: Zaffirini	S.B. No. 923

	A BILL TO BE ENTITLED
	AN ACT
	relating to open government.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 551, Government Code, is
	amended by adding Section 551.008 to read as follows:
	Sec. 551.008.  PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This
	section applies only to an open meeting of a governmental body that:
	(1)  is held wholly or partly by:
	(A)  telephone conference call; or
	(B)  videoconference call;
	(2)  is broadcast live over the Internet; or
	(3)  uses a combination of those methods.
	(b)  The requirements prescribed by this section are in
	addition to other requirements of law applicable to an open
	meeting. Except as provided by this section, this section prevails
	to the extent of a conflict with another provision of law.
	(c)  A governmental body shall ensure that members of the
	public are able to listen to and, if applicable, speak at an open
	meeting to which this section applies by telephone.
	(d)  A governmental body that holds an open meeting to which
	this section applies shall:
	(1)  make the open meeting audible to the public by
	telephone and at each location described by Subsection (e)(1);
	(2)  if the meeting is broadcast live over the Internet
	or held wholly or partly by videoconference call, provide public
	access to both audiovisual and audio-only feeds of the open meeting
	over the Internet; and
	(3)  if applicable, allow members of the public to
	address the governmental body as provided by Section 551.007:
	(A)  by telephone; and
	(B)  by videoconference call if the meeting is
	held wholly or partly by videoconference call.
	(e)  In addition to the notice required by this chapter, the
	notice of an open meeting to which this section applies must:
	(1)  list each physical location where a member of the
	public may observe and participate in the meeting, including:
	(A)  any location that is open to the public where
	a member of the governmental body intends to participate in the
	meeting; and
	(B)  any facility provided by the governmental
	body for a member of the public to observe or speak at the meeting;
	(2)  include a toll free telephone number that members
	of the public may use to hear and, if applicable, speak at the
	meeting;
	(3)  include access information for any audiovisual or
	audio-only feeds required by Subsection (d)(2); and
	(4)  include instructions for a member of the public to
	speak at the meeting:
	(A)  from a remote location; or
	(B)  while physically present at a location
	described by Subdivision (1).
	(f)  An open meeting to which this section applies shall be
	recorded. Except as otherwise provided by law, the recording shall
	be made available to the public not later than 24 hours after the
	adjourning of the meeting.
	SECTION 2.  Section 551.041, Government Code, is amended to
	read as follows:
	Sec. 551.041.  NOTICE OF MEETING REQUIRED. A governmental
	body shall give written notice of the date, hour, place, and subject
	of each meeting held by the governmental body. The notice must
	include an agenda that lists the subjects to be considered in the
	part of the meeting that is open to the public and the subjects to be
	considered in the part of the meeting that is closed to the public.
	SECTION 3.  Sections 551.128(b) and (c), Government Code,
	are amended to read as follows:
	(b)  Except as provided by Subsection (b-1) and subject to
	the requirements of this section, a governmental body may broadcast
	an open meeting over the Internet. A governmental body shall
	broadcast an open meeting over the Internet if the physical
	location of the meeting is not accessible to members of the public
	or is not large enough to accommodate all persons seeking to attend
	the meeting in person, including if the location has reduced
	capacity as the result of a public emergency or disaster.
	(c)  Except as provided by Subsection (b-2), a governmental
	body that broadcasts a meeting over the Internet shall establish an
	Internet site and provide free and open access for members of the
	public to the broadcast from that site. The governmental body shall
	provide on the Internet site the same notice of the meeting that the
	governmental body is required to post under Subchapter C. The
	notice on the Internet must be posted within the time required for
	posting notice under Subchapter C.
	SECTION 4.  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)  data dictionaries and other indicia of the type or
	category of information held in each field of a database.
	SECTION 5.  Section 552.003, Government Code, is amended by
	adding Subdivision (8) to read as follows:
	(8)  "Business day" means a day other than a:
	(A)  Saturday or Sunday;
	(B)  national holiday under Section 662.003(a);
	or
	(C)  state holiday under Section 662.003(b).
	SECTION 6.  Subchapter B, Chapter 552, Government Code, is
	amended by adding Section 552.0223 to read as follows:
	Sec. 552.0223.  DATES OF BIRTH. Notwithstanding Section
	552.101, this chapter does not authorize a governmental body to
	withhold a date of birth except as:
	(1)  permitted by the federal privacy requirements
	adopted under the Health Insurance Portability and Accountability
	Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160
	and 45 C.F.R. Part 164; or
	(2)  otherwise provided by constitutional or statutory
	law.
	SECTION 7.  Section 552.221, Government Code, is amended by
	adding Subsections (f) and (g) to read as follows:
	(f)  If the governmental body determines it has no
	information responsive to a request for information, the officer
	for public information shall notify the requestor in writing not
	later than the 10th business day after the date the request is
	received.
	(g)  If a governmental body determines the requested
	information is subject to a previous determination that permits or
	requires the governmental body to withhold the requested
	information, the officer for public information shall, not later
	than the 10th business day after the date the request is received:
	(1)  notify the requestor in writing that the
	information is being withheld; and
	(2)  identify in the notice the specific previous
	determination the governmental body is relying on to withhold the
	requested information.
	SECTION 8.  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 covered 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 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 make 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 9.  Section 552.301(b), Government Code, is amended
	to read as follows:
	(b)  The governmental body must ask for the attorney
	general's decision and state the specific exceptions that apply
	within a reasonable time but not later than the 10th business day
	after the date of receiving the written request.
	SECTION 10.  The heading to Subchapter H, Chapter 552,
	Government Code, is amended to read as follows:
	SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
	SECTION 11.  Subchapter H, Chapter 552, Government Code, is
	amended by adding Section 552.328 to read as follows:
	Sec. 552.328.  FAILURE TO RESPOND TO REQUESTOR. (a) If a
	governmental body fails to respond to a requestor as required by
	Section 552.221, the requestor may send a written complaint to the
	attorney general.
	(b)  The complaint must include:
	(1)  the original request for information; and
	(2)  any correspondence received from the governmental
	body in response to the request.
	(c)  If the attorney general determines the governmental
	body improperly failed to comply with Section 552.221 in connection
	with a request for which a complaint is made under this section:
	(1)  the attorney general shall notify the governmental
	body in writing and require the governmental body to complete open
	records training not later than six months after receiving the
	notification;
	(2)  the governmental body may not assess costs to the
	requestor for producing information in response to the request; and
	(3)  if the governmental body seeks to withhold
	information in response to the request, the governmental body must:
	(A)  request an attorney general decision under
	Section 552.301 not later than the fifth business day after the date
	the governmental body receives the notification under Subdivision
	(1); and
	(B)  release the requested information unless
	there is a compelling reason to withhold the information.
	SECTION 12.  Chapter 2265, Government Code, is amended by
	adding Section 2265.002 to read as follows:
	Sec. 2265.002.  REQUIRED POSTING OF CERTAIN CONTRACTS. (a)
	In this section, "governmental body" has the meaning assigned by
	Section 552.003.
	(b)  Except as provided by Subsection (g), a governmental
	body shall post on its Internet website each contract the
	governmental body enters into for the purchase of goods or services
	from a private vendor, including each contract entered into without
	inviting, advertising for, or otherwise requiring competitive
	bidding before selection of the contractor, along with:
	(1)  if the contract was not competitively bid, the
	statutory or other authority that exempts the contract from
	competitive bidding procedures; and
	(2)  if the contract was competitively bid, the request
	for bids or proposals related to the contract.
	(c)  A governmental body shall post the contract and any
	related documents required to be posted under Subsection (b) on its
	Internet website:
	(1)  not later than the 14th day after the date the
	contract is signed or otherwise adopted by the parties to the
	contract; or
	(2)  if the contract is valued at less than $15,000, not
	later than the 30th day after the date the contract is signed or
	otherwise adopted by the parties to the contract.
	(d)  The governmental body shall maintain the posting
	required by Subsection (b) until the fourth anniversary of the date
	the contract is completed or expires.
	(e)  A governmental body shall redact from a contract posted
	on its Internet website under this section:
	(1)  information that is confidential under law;
	(2)  information the attorney general determines is
	excepted from required public disclosure under Chapter 552; and
	(3)  the social security number of any individual.
	(f)  The redaction of information under Subsection (e) does
	not exempt the information from the requirements of Section 552.021
	or 552.221.
	(g)  A governmental body is not required to post the
	information required by Subsection (b) for:
	(1)  a contract required to be posted under Section
	2261.253;
	(2)  a memorandum of understanding, interagency
	contract, interlocal agreement, or contract for which there is not
	a cost; or
	(3)  any contract if the governmental body does not
	maintain an Internet website.
	SECTION 13.  Subchapter B, Chapter 181, Health and Safety
	Code, is amended by adding Section 181.060 to read as follows:
	Sec. 181.060.  INFORMATION REGARDING COMMUNICABLE DISEASES
	IN CERTAIN FACILITIES. (a) In this section:
	(1)  "Communicable disease" has the meaning assigned by
	Section 81.003.
	(2)  "Facility" means:
	(A)  a nursing facility licensed under Chapter
	242;
	(B)  a continuing care facility licensed under
	Chapter 246; and
	(C)  an assisted living facility licensed under
	Chapter 247.
	(3)  "Resident" means an individual, including a
	patient, who resides in a facility.
	(b)  In this chapter, protected health information does not
	include information that identifies:
	(1)  the name or location of a facility in which
	residents have been diagnosed with a communicable disease; or
	(2)  the number of residents who have been diagnosed
	with a communicable disease in a facility.
	(c)  Unless made confidential under other law, the
	information described by Subsection (b) is not confidential and is
	subject to disclosure under Chapter 552, Government Code.
	SECTION 14.  Chapter 551, Government Code, as amended by
	this Act, applies only to a meeting of a governmental body held on
	or after the effective date of this Act.
	SECTION 15.  Chapter 552, Government Code, as amended by
	this Act, applies 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 16.  Not later than September 1, 2022, a
	governmental body shall post to its Internet website each contract
	to which Section 2265.002, Government Code, as added by this Act,
	applies that was entered into before the effective date of this Act.
	SECTION 17.  This Act takes effect September 1, 2021.