Relating to maintenance and production of electronic public information under the public information law.

89(R) HB 4218 - House Committee Report version - Bill Text

89R24227 BEF-F

By: Capriglione

H.B. No. 4218

Substitute the following for H.B. No. 4218:

By: Capriglione

C.S.H.B. No. 4218

A BILL TO BE ENTITLED

AN ACT

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

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 content of electronic

public information, including information described by Section

552.002(a-2), is significant and not merely a tool used 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:

(1)

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, or 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 the

governmental body uses in the ordinary course of business to

access, support, or otherwise manage the information; or

(2)

except for charges specifically authorized by

rules adopted under Section 552.262, charge the requestor for

inputting range, search, filter, or report parameters, or similar

commands or instructions into the governmental body's computer

system as provided by Subdivision (1).

(e)

A requestor may request that a copy of electronic public

information be provided in the format in which the governmental

body maintains information or in a standard export format such as a

flat file electronic American Standard Code for Information

Interchange (ASCII) if the computer programs the governmental body

uses support exporting the information in that format.

The

governmental body shall provide the copy:

(1)

in the requested format or in another format

acceptable to the requestor; and

(2) 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 the governmental body enters into 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 the governmental body maintains.

(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
[
Sections 552.231 and
]

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, 2025.