bill narrowing when governments can withhold public records

The text as introduced · 607 words

89R2955 BEF-F

By: Canales
H.B. No. 1678

A BILL TO BE ENTITLED

AN ACT

relating to the collection and disclosure of certain public

information.

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

SECTION 1. Subchapter C, Chapter 2B, Code of Criminal

Procedure, is amended by adding Article 2B.01015 to read as

follows:

Art. 2B.01015. RECORDINGS; APPLICABILITY. (a) A reference

in this subchapter to a "recording" by a body worn camera, however

phrased, means an audio recording, a video recording, or an

audiovisual recording.

(b) Subsection (a) applies to a "body worn camera

recording," a "recording created with a body worn camera,"

"information recorded by a body worn camera," "recorded

information," and any synonymous word or phrase.

SECTION 2. Section 552.101, Government Code, is amended to

read as follows:

Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a)

Subject to Subsection (b), information [ Information ] is excepted

from the requirements of Section 552.021 if it is information

considered to be confidential by law, either constitutional,

statutory, or by judicial decision.

(b) This section does not encompass:

(1) the attorney-client privilege;

(2) the work product privilege;

(3) another exception to disclosure provided by this

chapter; or

(4) a state or federal discovery privilege, including

a discovery privilege provided by the:

(A) Texas Rules of Civil Procedure;

(B) Texas Rules of Evidence;

(C) Texas Disciplinary Rules of Professional

Conduct;

(D) Federal Rules of Evidence; or

(E) Federal Rules of Civil Procedure.

SECTION 3. Section 552.108(c), Government Code, is amended

to read as follows:

(c) This section does not except basic information from the

requirements of Section 552.021 [ information that is basic

information about an arrested person, an arrest, or a crime ]. A

governmental body shall promptly release basic information

responsive to a request made under this chapter unless the

governmental body seeks to withhold the information as provided by

another provision of this chapter, and regardless of whether the

governmental body requests an attorney general decision under

Subchapter G regarding other information subject to the request.

SECTION 4. Section 552.302, Government Code, is amended to

read as follows:

Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY

GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a)

Subject to Subsection (b), if [ If ] a governmental body does not

request an attorney general decision as provided by Section 552.301

and provide the requestor with the information required by Sections

552.301(d) and (e-1), the information requested in writing is

presumed to be subject to required public disclosure and must be

released unless there is a compelling reason to withhold the

information.

(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108,

552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144,

552.146, 552.153(b)(1), and 552.154 do not constitute compelling

reasons for a governmental body that fails to comply with the

requirements of Section 552.301 to withhold information under

Subsection (a).

(c) The exclusion of an exception to disclosure from the

list in Subsection (b) does not create a presumption that the

exception constitutes a compelling reason for a governmental body

to withhold information under Subsection (a).

SECTION 5. 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 6. Section 552.231, Government Code, is repealed.

SECTION 7. 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 8. This Act takes effect September 1, 2025.