Relating to the applicability of the public information law, including the disclosure of information in the possession, custody, or control of certain governmental bodies.

89(R) HB 111 - Senate Committee Report version - Bill Text

By: Capriglione, et al.

H.B. No. 111

(Senate Sponsor - Hughes, et al.)

(In the Senate - Received from the House May 7, 2025;

May 19, 2025, read first time and referred to Committee on Business &

Commerce; May 26, 2025, reported adversely, with favorable

Committee Substitute by the following vote: Yeas 6, Nays 5;

May 26, 2025, sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 111

By: Campbell

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of the public information law,

including the disclosure of information in the possession, custody,

or control of certain governmental bodies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.003(1), Government Code, is amended

to read as follows:

(1) "Governmental body":

(A) means:

(i) a board, commission, department,

committee, institution, agency, or office that is within or is

created by the executive or legislative branch of state government

and that is directed by one or more elected or appointed members;

(ii) a county commissioners court in the

state;

(iii) a municipal governing body in the

state;

(iv) a deliberative body that has

rulemaking or quasi-judicial power and that is classified as a

department, agency, or political subdivision of a county or

municipality;

(v) a school district board of trustees;

(vi) a county board of school trustees;

(vii) a county board of education;

(viii) the governing board of a special

district;

(ix) the governing body of a nonprofit

corporation organized under Chapter 67, Water Code, that provides a

water supply or wastewater service, or both, and is exempt from ad

valorem taxation under Section 11.30, Tax Code;

(x) a local workforce development board

created under Section 2308.253;

(xi) a nonprofit corporation that is

eligible to receive funds under the federal community services

block grant program and that is authorized by this state to serve a

geographic area of the state;

(xii) a confinement facility operated under

a contract with any division of the Texas Department of Criminal

Justice;

(xiii) a civil commitment housing facility

owned, leased, or operated by a vendor under contract with the state

as provided by Chapter 841, Health and Safety Code;

(xiv) an entity that receives public funds

in the current or preceding state fiscal year to manage the daily

operations or restoration of the Alamo, or an entity that oversees

such an entity; [
and
]

(xv)
a nonprofit state association or

organization that:

(a)

is primarily composed of

similarly situated local governmental entities, as defined by

Section 552.1085(a)(4);

(b)

has more than 30 full-time

employees; and

(c) receives public funds; and

(xvi)
the part, section, or portion of an

organization, corporation, commission, committee, institution, or

agency that spends or that is supported in whole or in part by

public funds; and

(B) does not include:

(i) the judiciary; or

(ii) an economic development entity whose

mission or purpose is to develop and promote the economic growth of

a state agency or political subdivision with which the entity

contracts if:

(a) the entity does not receive $1

million or more in public funds from a single state agency or

political subdivision in the current or preceding state fiscal

year; or

(b) the entity:

(1) either:

(A) does not have the

authority to make decisions or recommendations on behalf of a state

agency or political subdivision regarding tax abatements or tax

incentives; or

(B) does not require an

officer of the state agency or political subdivision to hold office

as a member of the board of directors of the entity;

(2) does not use staff or office

space of the state agency or political subdivision for no or nominal

consideration, unless the space is available to the public;

(3) to a reasonable degree,

tracks the entity's receipt and expenditure of public funds

separately from the entity's receipt and expenditure of private

funds; and

(4) provides at least quarterly

public reports to the state agency or political subdivision

regarding work performed on behalf of the state agency or political

subdivision.

SECTION 2. Subchapter A, Chapter 552, Government Code, is

amended by adding Section 552.0037 to read as follows:

Sec.

552.0037.

NONPROFIT STATE ASSOCIATION OR

ORGANIZATION. A record or communication created by a nonprofit

state association or organization described by Section

552.003(1)(A)(xv) is not public information and not subject to this

chapter if that record or communication was created before

September 1, 2025.

SECTION 3. Section 552.106, Government Code, is amended by

adding Subsection (c) to read as follows:

(c)

The exception to disclosure provided by this section

does not apply to governmental bodies described by Sections

552.003(1)(A)(ii)-(xv), other than special districts created under

Section 59, Article XVI, Texas Constitution.

SECTION 4. Section 552.107, Government Code, is amended to

read as follows:

Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS.
(a)

Information is excepted from the requirements of Section 552.021

if:

(1) it is information that the attorney general or an

attorney of a political subdivision is prohibited from disclosing

because of a duty to the client under the Texas Rules of Evidence or

the Texas Disciplinary Rules of Professional Conduct; or

(2) a court by order has prohibited disclosure of the

information.

(b)

The exception to disclosure provided by this section

does not apply to:

(1)

a communication with an attorney or an attorney's

representative that is not a confidential communication made for

the purpose of facilitating the rendition of professional legal

services to the governmental body; or

(2) a report, audit, or other material that:

(A)

was created in the absence of pending,

reasonably anticipated, or threatened litigation;

(B)

was not created at the request of an attorney

or attorney representative to facilitate the rendition of

professional legal services to the governmental body; and

(C)

does not contain confidential communications

made for the purpose of facilitating the rendition of professional

legal services to the governmental body.

(c)

When rendering a decision under Subchapter G as to

whether requested information is within the scope of the exception

to disclosure provided by this section, the attorney general shall:

(1)

restrict the scope of the attorney-client

privilege by construing the exception narrowly and in favor of the

public's interest in maximum government transparency; and

(2)

if the attorney general determines that the

requested information is within the scope of the exception to

disclosure provided by this section, authorize the governmental

body to withhold or redact the information to only the minimum

extent necessary to prevent the disclosure of confidential

communications made for the purpose of facilitating the rendition

of professional legal services to the governmental body.

SECTION 5. Subchapter C, Chapter 552, Government Code, is

amended by adding Section 552.164 to read as follows:

Sec.

552.164.

EXCEPTION: CONFIDENTIALITY OF CERTAIN

INTERNAL BUSINESS RECORDS OF CERTAIN NONPROFIT STATE ASSOCIATIONS

AND ORGANIZATIONS. (a) Notwithstanding Section 552.0222(b), the

internal business records of a governmental body described by

Section 552.003(1)(A)(xv) are excepted from the requirements of

Section 552.021 if the internal business records are, as

demonstrated based on specific factual evidence:

(1) trade secrets described by Section 552.110;

(2)

commercial or financial information described by

Section 552.110; or

(3)

proprietary information described by Section

552.1101.

(b)

In this section, "internal business records" means

information or communications that are not directly related to the

transaction of the official business of a political subdivision or

political subdivisions, including internal financial records,

information relating to transactions with private entities that

otherwise do not involve a political subdivision or other

governmental body, and information related to the internal

operations of the association or organization.

SECTION 6. Section 306.003, Government Code, is amended by

adding Subsection (e) to read as follows:

(e)

Records and communications described by Subsection (a)

are not subject to Chapter 552.

SECTION 7. Section 306.004, Government Code, is amended by

adding Subsection (f) to read as follows:

(f)

Records and communications described by Subsection (a)

are not subject to Chapter 552.

SECTION 8. Section 306.008, Government Code, is amended by

adding Subsection (f) to read as follows:

(f)

Records and communications described by Subsection (a)

or (b) are not subject to Chapter 552.

SECTION 9. Sections 325.0195(a) and (b), Government Code,

are amended to read as follows:

(a) A working paper, including all documentary or other

information, prepared or maintained by the commission staff in

performing its duties under this chapter or other law to conduct an

evaluation and prepare a report is
not public information and not

subject to Chapter 552
[
excepted from the public disclosure

requirements of Section 552.021
].

(b) A record held by another entity that is considered to be

confidential by law and that the commission receives in connection

with the performance of the commission's functions under this

chapter or another law remains confidential and is
not public

information and not subject to Chapter 552
[
excepted from the

public disclosure requirements of Section 552.021
].

SECTION 10. Sections 552.126 and 552.154, Government Code,

are repealed.

SECTION 11. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.

* * * * *