Johnson Bill Opens Contract Records And Shields Engineers And Architects

The text as introduced · 1,291 words

89R16880 TJB-D

By: Johnson
S.B. No. 2632

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of certain contracting information under

the public information law.

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

SECTION 1. Section 552.0222, Government Code, is amended by

amending Subsection (b) and adding Subsections (b-1), (d), (e), and

(f) to read as follows:

(b) The exceptions to disclosure provided by Sections

552.108(a), 552.110 , [ and ] 552.1101 , and 552.131 do not apply to

the following types of contracting information:

(1) a contract described by Section 2261.253(a),

excluding any information that was properly redacted under

Subsection (e) of that section;

(2) a contract described by Section 322.020(c),

excluding any information that was properly redacted under

Subsection (d) of that section;

(3) the following contract or offer terms or their

functional equivalent:

(A) any term describing the overall or total

price the governmental body will or could potentially pay,

including overall or total value, maximum liability, and final

price;

(B) a description of the items or services to be

delivered with the total price for each if a total price is

identified for the item or service in the contract;

(C) the delivery and service deadlines;

(D) the remedies for breach of contract;

(E) the identity of all parties to the contract;

(F) the identity of all subcontractors in a

contract;

(G) the affiliate overall or total pricing for a

vendor, contractor, potential vendor, or potential contractor ,

including operating costs ;

(H) the execution dates;

(I) the effective dates; [ and ]

(J) the contract duration terms, including any

extension options; and

(K) any exemption, deduction, credit, exclusion,

waiver, rebate, discount, deferral, or other abatement or reduction

of tax liability of a business entity or other person that the

entity or person may receive in exchange for or as a result of

conducting an activity; [ or ]

(4) information indicating whether a vendor,

contractor, potential vendor, or potential contractor performed

its duties under a contract, including information regarding:

(A) a breach of contract;

(B) a contract variance or exception;

(C) a remedial action;

(D) an amendment to a contract;

(E) any assessed or paid liquidated damages;

(F) a key measures report;

(G) a progress report; and

(H) a final payment checklist ; or

(5) communications and other information sent between

a governmental body and a vendor, contractor, potential vendor, or

potential contractor containing information described by

Subsection (b)(3) or (4) .

(b-1) The exceptions to disclosure provided by Sections

552.103 and 552.104 do not apply to information described by

Subsection (b) that is contained in a contract entered into by a

governmental body.

(d) Section 552.305(a) does not apply to information

subject to disclosure under Subsection (b) or (b-1). A

governmental body may not decline to release information subject to

disclosure under Subsection (b) or (b-1) in order to allow a vendor,

contractor, potential vendor, or potential contractor to assert an

exception to disclosure listed in those subsections.

(e) A governmental body shall release information subject

to disclosure under Subsection (b) or (b-1) without redactions,

unless those redactions are required by law.

(f) Notwithstanding another provision of this chapter, a

governmental body shall release information as provided by

Subsection (e) before requesting an attorney general's decision

under Subchapter G regarding information subject to disclosure

under Subsection (b) or (b-1). This subsection does not apply to

the production of information by a governmental body that is unable

to produce the information before the deadline prescribed by this

chapter to request an attorney general's decision under Subchapter

G, in which case the governmental body shall certify that fact in

writing to the requestor and set a date and hour within a reasonable

time for such production as provided by Section 552.221(d).

SECTION 2. Section 552.104(a), Government Code, is amended

to read as follows:

(a) Except as provided by Section 552.0222, information

[ Information ] is excepted from the requirements of Section 552.021

if a governmental body demonstrates that release of the information

would harm its interests by providing a decisive [ an ] advantage to a

competitor or bidder in a particular ongoing competitive situation

or in a particular competitive situation where the governmental

body establishes the situation at issue is set to reoccur or there

is a specific and demonstrable intent to enter into the competitive

situation again in the future.

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

to read as follows:

(a) Except as provided by Section 552.0222, information

[ Information ] held by a law enforcement agency or prosecutor that

deals with the detection, investigation, or prosecution of crime is

excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with

the detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection,

investigation, or prosecution of crime only in relation to an

investigation that did not result in conviction or deferred

adjudication;

(3) it is information relating to a threat against a

peace officer or detention officer collected or disseminated under

Section 411.048; or

(4) it is information that:

(A) is prepared by an attorney representing the

state in anticipation of or in the course of preparing for criminal

litigation; or

(B) reflects the mental impressions or legal

reasoning of an attorney representing the state.

SECTION 4. Section 552.1101(a), Government Code, is amended

to read as follows:

(a) Except as provided by Section 552.0222, information

submitted to a governmental body by a vendor, contractor, potential

vendor, or potential contractor in response to a request for a bid,

proposal, or qualification is excepted from the requirements of

Section 552.021 if the vendor, contractor, potential vendor, or

potential contractor that the information relates to demonstrates

based on specific factual evidence that disclosure of the

information would:

(1) reveal an individual approach to:

(A) work;

(B) organizational structure;

(C) staffing;

(D) internal operations;

(E) processes; or

(F) discounts, pricing methodology, pricing per

kilowatt hour, cost data, or other pricing information that will be

used in future solicitation or bid documents; and

(2) give a decisive advantage to a competitor.

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

amended by adding Section 552.1102 to read as follows:

Sec. 552.1102. EXCEPTION; CONFIDENTIALITY OF CERTAIN

PROPRIETARY INFORMATION OF ENGINEERS AND ARCHITECTS.

Notwithstanding Section 552.0222, information submitted to a

governmental body by a respondent in response to a request for

qualifications or proposals for professional engineering or

architectural services is excepted from the requirements of Section

552.021 if:

(1) the information reveals the respondent's approach

to work, organizational structure, staffing, internal operations,

or processes;

(2) the respondent has taken reasonable measures under

the circumstances to keep the information confidential; and

(3) the information is not contained in a contract

entered into by the governmental body.

SECTION 6. Section 321.3022(f), Tax Code, is amended to

read as follows:

(f) Information received by a municipality or other local

governmental entity under this section is confidential, is not open

to public inspection, and may be used only for the purpose of

economic forecasting, for internal auditing of a tax paid to the

municipality or other local governmental entity under this chapter,

or for the purpose described in Subsection (g). This subsection

does not apply to information received by a municipality or other

local governmental entity under this section that is contracting

information described by Section 552.0222(b), Government Code,

which is subject to disclosure as provided by that section.

SECTION 7. The changes in law made by this Act apply 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 8. This Act takes effect September 1, 2025.