87R5664 BEF-F
  By: Zaffirini S.B. No. 928
  relating to maintenance and production of electronic public
  information under the public information law.
         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)  data dictionaries and other indicia of the type or
  category of information held in each field of a database.
         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 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
         (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
         (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.  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
         SECTION 4.  This Act takes effect September 1, 2021.