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Session Bill Number author status type position priority caption comments
81_R HB 3 (read bill) Eissler R-The Woodlands PASSED: Signed by Governor, June 19, effective immediately public notice support 2 Relating to public school accountability, curriculum, promotion requirements. [Same as SB 3 by Shapiro] Would amend Education Code. On p.85, requires publication of performance report, and p.86, paragraph (c), requires public notice of hearing for public discussion of the report. Notice of hearing must be published in a newspaper of general circulation in the district.
81_R HB 45 (read bill) Corte R-San Antonio DEAD: Left pending, House Land & Resource Management, March 18 public notice oppose 1 Relating to notice requirements for certain municipal zoning actions. Would amend Local Government Code chapter 211, Municipal Zoning Authority, by giving cities the option to post web notice as an alternative to notice in newspaper.
81_R HB 78 (read bill) Flynn R-Canton DEAD: Senate conference committee report filed, May 30 public notice oppose 1 Relating to amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 117 by Heflin and HB 2573 by Gonzalez-Toureilles] Would amend Local Government Code chapter 262 (Purchasing and Contracting Authority of Counties), chapter 271 (Purchasing and Contracting Authority of Municipalities) and chapter 363 (Crime Control and Prevention Districts) by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000.
81_R HB 117 (read bill) Heflin D-Hale Center DEAD: Reported favorably, House County Affairs, April 16 public notice oppose 1 Relating to the amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 78 by Flynn and HB 2573 by Gonzalez-Toureilles] Would amend Local Government Code chapter 262, Purchasing and Contracting Authority of Counties; chapter 271, Purchasing and Contracting Authority of Municipalities; and chapter 363, Crime Control and Prevention Districts, by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000.
81_R HB 133 (read bill) Villarreal D-San Antonio DEAD: Left pending, House Ways & Means, April 1 public information oppose 1 Relating to mandatory sales price disclosure in real property sales. Would amend Property Code by adding Chapter 12A, Mandatory Sales Price Disclosure. See list of exemptions from disclosure, including sales of property from one governmental body to another governmental body. Note: SB 444 by Wentworth would amend Chapter 12A by making sales price disclosure mandatory and with no exemptions.
81_R HB 210 (read bill) Aycock R-Killeen DEAD: Referred to House State Affairs, Feb. 17 public information monitor 3 Relating to the confidentiality under the public information law of certain name and address information provided to a governmental body. Would amend Public Information Act, Government Code Sec. 552.1375, by making confidential the name and physical address of an individual who provides information to a governmental body in connection with a communication to the governmental body or for the purpose of receiving a subsequent communication from the governmental body. [On Feb. 17, the author said he would not proceed with this bill, so the LAC changed its position from 1-oppose to 3-monitor.]
81_R HB 216 (read bill) Menendez D-San Antonio Naishtat D-Austin PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information monitor 3 Relating to licensing and regulation of certain facilities providing personal care to elderly or disabled persons. The introduced version of the bill, by Menendez, D-San Antonio, and Naishtat, D-Austin, amending Health & Safety Code, contained a Subchapter G, Reporting Resident Deaths, Statistical Information, Sec. 254.151, that would have made a record of a resident's death confidential and not subject to the Public Information Act. When the committee substitute by Rose removed Subchapter G, the LAC position changed from 1-oppose to 3-monitor.
81_R HB 234 (read bill) Rodriguez D-Austin DEAD: Left pending, House Environmental Regulation, March 18 public notice support 2 Relating to notice and hearing requirements for an application to transfer a municipal solid waste permit. Would amend Health & Safety Code Sec. 361.088 by adding notice requirement to transfer of municipal solid waste permit. Applicant who wishes to transfer a permit would be required to publish notice of application. See paragraph (d-1).
81_R HB 283 (read bill) Anchia D-Dallas DEAD: Left pending, House Elections, April 15 public information oppose 2 Relating to prohibited deceptive election practices. Would amend Election Code chapter 61 by adding Subchapter C, DECEPTIVE ELECTION PRACTICES. Paragraph (c) under 61.065, REPORT TO LEGISLATURE, would allow secretary of state to withhold reports of violations "if the secretary determines that the disclosure of that information would unduly interfere with an ongoing investigation."
81_R HB 293 (read bill) Dutton D-Houston DEAD: Left pending, House Criminal Jurisprudence, March 9 public information oppose 1 Relating to the automatic expunction of criminal records. Would amend Code of Criminal Procedure Art. 55 so that certain criminal records would be expunged automatically under certain conditions.
81_R HB 296 (read bill) Dutton D-Houston DEAD: Left pending, House Criminal Jurisprudence, March 9 public information support 1 Relating to the secrecy of grand jury proceedings. Would amend Code of Criminal Procedure Art. 19 and Art. 20, by limiting the secrecy of grand jury information to the term of the grand jury.
81_R HB 300 (read bill) Isett R-Lubbock Hegar R-Katy DEAD: Died as clock ran out on House floor, May 31-June 1 public notice oppose 1 Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles. [Same as SB 1019 by Hegar] Would amend Transportation Code. Cuts back on public notice of bids. See p.49, Sec. 223.002, NOTICE OF BIDS. Current law requiring publication of a public notice in a newspaper is stricken. New language says TxDOT shall give notice to interested persons regarding the time and place at which bids on a contract will be opened and the contract awarded, and TxDOT by rule shall determine the most effective method for providing the notice required by this section.
81_R HB 301 (read bill) Dutton D-Houston DEAD: Reported as substituted, House Judiciary & Civil Jurisprudence, April 30 public information oppose 1 Relating to discovery in a criminal case. [Same as HB 1168 by Dutton and SB 1686 by Hinojosa] Under SECTION 11, DISCLOSURE TO THIRD PARTIES, neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. UNDER SECTION 13, CONFLICT OF LAW, says "To the extent of any conflict, this article prevails over Chapter 552, Government Code."
81_R HB 314 (read bill) Raymond D-Laredo DEAD: Reported as substituted, House Public Safety, April 17 public information support 1 Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses. Would amend Code of Criminal Procedure Art. 62, SEX OFFENDER REGISTRATION PROGRAM, Government Code Chapter 411, DEPARTMENT OF PUBLIC SAFETY, so criminal history record information that concerns a person’s conviction for an offense under Penal Code Sec. 49.04, DRIVING WHILE INTOXICATED; Sec. 49.045, DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER, driving while intoxicated with a child passenger; Sec. 49.07, INTOXICATION ASSAULT; or Sec. 49.08, INTOXICATION MANSLAUGHTER, is public information, with the exception of any information regarding the person’s SSN, driver's license or telephone number; and any information that would identify the victim of the offense.
81_R HB 323 (read bill) Raymond D-Laredo DEAD: Reported as substituted, House Natural Resources, April 17 public information support 2 Relating to the establishment of a program for detecting and giving notice of an unauthorized discharge of industrial, municipal or other waste into any water in the state. Would amend Water Code by adding Sec. 26.0425, UNAUTHORIZED DISCHARGE DETECTION AND NOTIFICATION PROGRAM. Requires creation of records that would benefit public.
81_R HB 372 (read bill) Jackson R-Carrollton DEAD: Left pending, House Business & Industry, March 16 public information monitor 3 Relating to the meetings and records of certain property owners’ associations. SECTION 3, p.4, line 5, repealing Property Code Sec. 209.005. Says a property owners association shall make books and records of the association, including financial records, reasonably available to an owner in accordance with Sec. B, Art. 2.23, Texas Non-Profit Corporation Act.
81_R HB 398 (read bill) Ortiz Jr. D-Corpus Christi DEAD: Not heard, House Technology/Economic Dev/Workforce, April 6 open meetings support 1 Relating to special event trust funds used to promote major athletic, motor sports racing and other special events in this state. Would amend Title 12, Local Government Code, by adding Subtitle D, Special Event Trust Funds. Sec. 521.005 beginning on p.5, regarding application of open meetings and open records laws, strikethrough language on pp. 5-6, makes a meeting of a subcommittee of the governing body of a local organizing committee subject to the Open Meetings Act.
81_R HB 402 (read bill) Woolley R-Houston DEAD: Referred to House Land & Resource Management, Feb. 18 open meetings monitor 3 Relating to the use of eminent domain authority. [Same as HB 1483 by Pitts] Would amend Government Code Chapter 2206, Eminent Domain, SUBCHAPTER C. PROCEDURES REQUIRED TO INITIATE EMINENT DOMAIN PROCEEDINGS. Sec. 2206.103, VOTE ON USE OF EMINENT DOMAIN. Says, "(a) Before a governmental entity initiates a condemnation proceeding by filing a petition under Section 21.012, Property Code, the governmental entity must authorize the initiation of the condemnation proceedings at a public meeting by a record vote." Also See paragraph (g) on p.6, which says: An ordinance, resolution, or order adopted under Subsection (f) is not required to identify specific properties that the governmental entity will acquire. The ordinance, resolution, or order must identify the general area to be covered by the project or the general route that will be used by the governmental entity for the project in a way that provides property owners in and around the area or along the route reasonable notice that the owners’ properties may be subject to condemnation proceedings during the planning or construction of the project. Also, repeals Public Information Act 552.0037, titled "Certain Entities Authorized to Take Property Through Eminent Domain." This section currently makes entities that are not governmental bodies subject to the Public Information Act if information they have collected, assembled or maintained relates to the taking of private property through the use of eminent domain.
81_R HB 421 (read bill) Dukes D-Austin DEAD: Left pending, House Business & Industry, March 17 public notice monitor 3 Relating to a mortgage servicer’s notice of sale to a debtor and the debtor’s subsequent notice to tenant. [Same as SB 439 by Ellis] SECTION 3 of the bill would amend Property Code by adding Sec. 51.0022, NOTICE OF SALE TO TENANT. Would extend notice time from 21 days to 60 days. Says that not later than the seventh day after the date a debtor receives a notice of sale of the property, the debtor shall serve a copy of the notice on each tenant of the property by any one of the following (1) personal delivery to the tenant; (2) certified mail, return receipt requested, to the tenant; or (3) leaving the notice inside the dwelling. Staff will work with author to seek inclusion of public notice via newspaper. Milton Morin, Daily Court Review, Houston, testified in support.
81_R HB 433 (read bill) Lucio III D-Rancho Viejo DEAD: Withdrawn from May 12 House Local Calendar open meetings support 2 Relating to the procedures for acting on applications for certain permits under the Solid Waste Disposal Act. Would amend Health & Safety Code chapter 361 by requiring a public hearing to be conducted when a solid waste disposal site is proposed. Requires Texas Commission on Environmental Quality to publish in a newspaper the public notice of the hearing. The newspaper must be generally circulated in each county in which the property proposed for development is located.
81_R HB 472 (read bill) Hilderbran R-Kerrville PASSED: Signed by Governor May 27; earliest effective date Sept. 1, 2009 public notice monitor 3 Relating to the requirements regarding reporting by a common carrier or pipeline owner or operator of contamination. [Same as SB 1907 by Hinojosa] Introduced version of the bill would have amended Natural Resource Code by establishing a mechanism to notify a landowner of petroleum leak/spill/contamination. The LAC opposed the introduced version because the bill lacked any provision for a published notice of an environmental issue. The committee substitute removes language pertaining to notice, so our position on the bill is downgraded to 3-monitor.
81_R HB 478 (read bill) Heflin D-Hale Center DEAD: Reported as substituted, House Elections, May 11 First Amendment oppose 1 Relating to political advertising. Would amend Election Code ethics chapter in various ways, including the addition of Sec. 255.010, USE OF ALTERED OR DISTORTED PHOTOGRAPH IN POLITICAL ADVERTISING PROHIBITED. Says a candidate or political committee may not knowingly publish, broadcast, distribute, or contract for the publication, broadcast, or distribution of political advertising that contains a photograph of the candidate’s opponent or of a candidate the committee opposes that has been altered or distorted in a manner that a reasonable person would find to be unflattering or uncomplimentary."
81_R HB 481 (read bill) Veasey D-Fort Worth DEAD: Referred to House State Affairs, Feb. 18 public information support 2 Relating to an open document format for electronic state documents. Would amend Government Code 2054, INFORMATION RESOURCES. Requires state agencies to consider the need for public access to electronic documents. Also requires that documents not be changed to a format "used by only one vendor."
81_R HB 547 (read bill) Raymond D-Laredo DEAD: Left pending, House Judiciary & Civil Jurisprudence, April 27 public information monitor 3 Relating to certain civil actions against persons who file complaints with governmental agencies or quasi-governmental entities. Would amend Civil Practice and Remedies Code by adding CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES. Contains confidentiality and libel/slander provisions.
81_R HB 553 (read bill) Madden R-Richardson DEAD: Referred to House Corrections, Feb. 18 public information oppose 2 Relating to the establishment of the office of criminal and juvenile justice ombudsman. Would amend Government Code by adding Chapter 502, OFFICE OF CRIMINAL AND JUVENILE JUSTICE OMBUDSMAN. Confidentiality, public availability provisions in Sec. 502.055, 502.056 and 502.057.
81_R HB 557 (read bill) Hernandez D-Houston DEAD: Left pending, House Environmental Regulation, April 1 public information support 2 Relating to the establishment of an air pollutant watch list and associated reports for the purpose of controlling the emissions of air contaminants under the Texas Clean Air Act. SECTION 2 proposes to amend the Health & Safety Code by creating an air pollutant watch list. Paragraph (b) says the TCEQ shall publish notice of and allow public comment on: (1) an addition of an air contaminant to or removal of an air contaminant from the air pollutant watch list; or (2) an addition of an area to or removal of an area from the air pollutant watch list.
81_R HB 559 (read bill) Hernandez D-Houston PASSED: Signed by Governor, June 19; effective Sept. 1, 2009 public information oppose 1 Relating to the nondisclosure of certain personal information in voter registration records and concealed handgun license records that relates to a justice of the peace. Would amend Election Code Sec. 13.0021(a)(2) by adding justices of the peace to list of public employees whose personal information contained in voter registration records and concealed handgun license records is confidential under law. House Research Organization bill analysis excerpt: "Current law allows voter registration records, appraisal records, and other county records to be confidential if they contain the address information of certain groups of individuals whose personal safety could be jeopardized if their home addresses became easily available as a public record. The law protects peace officers, county jailers, employees of the Texas Department of Criminal Justice, commissioned security officers, and certain victims of family violence. H.B. 41, enacted by the 80th Legislature, Regular Session, 2007, extended such protections to county and federal judges as well as state legislators within Texas. C.S.H.B. 559 extends some of these protections to justices of the peace."
81_R HB 569 (read bill) Miller R-Stephenville DEAD: Set on May 14 House Calendar public notice support 2 Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well. Would amend Water Code chapter 27. Paragraph (3) requires a permit applicant to publish notice of the application in (A) a newspaper of general circulation in the county in which the well is proposed to be located; and (B) the newspaper that is published in closest proximity to the proposed site of the well.
81_R HB 619 (read bill) Leibowitz D-San Antonio DEAD: Referred to House Border & Intergovernmental Affairs, Feb. 18 public notice support 2 Relating to state acknowledgment of Native American tribes. Would amend Government Code by adding chapter 463, STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES. Would add public notice. See SUBCHAPTER E., NOTICE AND PUBLISHING REQUIREMENTS, beginning on p.15.
81_R HB 628 (read bill) Anchia D-Dallas DEAD: Left pending, House Judiciary & Civil Jurisprudence, March 23 public information support 2 Relating to the establishment of a human trafficking prevention task force and the creation of a trafficking victim database. Would amend Government Code by adding Sec. 402.0282, TRAFFICKING VICTIM DATABASE. Requires attorney general to produce a biennial statistical report and post it to the AG web site. At top of p.3 see "This subsection may not be construed to enable direct access by a person to information analyzed by the attorney general under this section if the person does not otherwise have direct access to that information."
81_R HB 640 (read bill) Zerwas R-Houston DEAD: Referred to Senate Criminal Justice, May 14 public information oppose 2 Relating to personnel records of a deputy sheriff in certain counties. Would amend Local Government Code by adding Section 157.905, PERSONNEL RECORDS OF DEPUTY SHERIFF IN CERTAIN COUNTIES. Applies only to a sheriff’s department in a county with a population of 300,000 or more. Says "Notwithstanding Chapter 552, Government Code, the personnel records of a sheriff’s deputy appointed under Section 85.003 may not be disclosed or otherwise made available to the public, except the sheriff’s department shall release [list of releasable information]. [Sec. 85.003 concerns appointment of sheriff's deputies.]
81_R HB 649 (read bill) Davis D-Dallas DEAD: Reported favorably as amended, House Ways & Means, April 27 public information oppose 1 Relating to a prohibition on the posting of certain tax appraisal record information on the Internet. Would amend Tax Code by adding Sec. 25.028, AUTHORITY TO PROHIBIT POSTING OF CERTAIN APPRAISAL RECORD INFORMATION ON INTERNET. Allows a property owner to opt out of online disclosure of their name.
81_R HB 670 (read bill) Martinez-Fischer D-San Antonio PASSED: Signed by Governor, May 13: new law effective immediately Free Flow support 1 Relating to a qualified privilege of a journalist not to testify. [Same as CSSB 915 by Ellis] Would amend Civil Practice and Remedies Code Chapter 22 by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice. Link to Senate Research Center bill analysis: http://www.legis.state.tx.us/tlodocs/81R/analysis/pdf/HB00670S.pdf
81_R HB 732 (read bill) Hartnett R-Dallas PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information oppose 1 Relating to the removal of certain information from a physician’s medical board profile. Would amend Occupations Code Sec. 154.006 by adding Subsection (g-1) so that in the annual update of a physician’s profile, the Board of Medical Examiners shall remove any record of a claim or complaint against the physician if the claim or complaint was dismissed more than three years before the date of the update.
81_R HB 757 (read bill) Martinez-Fischer D-San Antonio DEAD: Referred to House Public Health, Feb. 23 public information support 1 Relating to public access to certain information and materials. Would repeal various health care profession confidentiality provisions in the Occupations Code and would give the public access to hospital complaint information.
81_R HB 772 (read bill) Howard D-Austin PASSED: Signed by Governor May 27; earliest effective date Sept. 1, 2009 open meetings support 2 Relating to Internet broadcasts of open meetings held by the State Board of Education. Would amend Education Code by creating a requirement that State Board of Education's quarterly meetings and other meetings called by the chair be broadcast via the Internet in compliance with the Texas Open Meetings Act. The agency must provide a live webcast including video and audio of its meetings and maintain an archive of past meetings on the Texas Education Agency website.
81_R HB 778 (read bill) Miller R-Stephenville DEAD: Left pending, House Elections, April 15 public information oppose 1 Relating to the prosecution by the attorney general of campaign finance offenses alleged to have been committed in connection with a state office or an election on a constitutional amendment. Would amend Government Code Chapter 402, PROSECUTION OF CERTAIN CAMPAIGN FINANCE OFFENSES. See (b) under 402.103, COOPERATION OF STATE AGENCIES AND LOCAL LAW ENFORCEMENT AGENCIES, which says "information disclosed under this section is confidential and not subject to disclosure under Chapter 552."
81_R HB 914 (read bill) Dutton D-Houston DEAD: Left pending, House Judiciary & Civil Jurisprudence, April 15 public information monitor 3 Relating to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship. [Same as SB 478 by Carona] Would amend Family Code by adding Section 6.712, PERSONAL INFORMATION IN DECREE. Personal information includes an individual’s social security number, bank account number and similar financial information; and the name and birth date of each child. Also requires creation of a "confidential data page."
81_R HB 987 (read bill) Creighton R-Conroe PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public notice oppose 1 Relating to competitive procurement and change order requirements for local governments. [Same as SB 624 by West] Would amend Education Code Sec. 44.031(a) so threshold for notice requirement concerning school district contracts, except contracts for purchase of produce or vehicle fuel, is raised from $25,000 to $50,000. Also would amend Local Government Code by increasing no-bid contract threshold to $50,000 for cities and counties. At March 17 hearing, Rep. Creighton said HB 987 is an expansion of SB 1765 [passed last session] which allows cities to procure contracts at an amount of $50,000 or less without sealed bids or competitive bidding. Creighton said cities of Richardson and Garland saved $37,000 or more as a result of SB 1765. Rep. Oliveira, D-McAllen, D-Brownsville, expressed concern over potential for abuse. Ken Whalen, Texas Press Association/Texas Daily Newspaper Association, testified in opposition, saying the threshold should remain at $25,000 in the interest of transparency. [Registering in favor: City of Garland, Texas Association of County Auditors, Texas Conference of Urban Counties, City of Leander, City of College Station, Tarrant County, Association of Builders and Contractors of Texas, Cities Aggregation Power Project.][Rep. Lois Kolkhorst, R-Brenham, cast the lone "nay" in April 15 Third Reading vote.]
81_R HB 999 (read bill) Dutton D-Houston DEAD: Placed on May 27 Senate Intent Calendar public notice support 2 Relating to the closure of a school campus by the board of trustees of a school district. [Same as HB 1167 by Dutton] Would amend Education Code by adding Sec. 11.174, CAMPUS CLOSURE. Would require notice of hearing on proposal to close a school campus to be published in a newspaper of general circulation in the district. House floor amendment #5 by Mallory Carraway attached to the bill upon third reading brackets the bill to districts with an enrollment of greater than 155,000.
81_R HB 1002 (read bill) Bolton D-Austin DEAD: Referred to House State Affairs, Feb. 23 public information monitor 3 Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. Would amend Utilities Code so public notice of a board meeting would be required 72 hours in advance of the meeting. Contains provisions for emergency meetings, executive sessions. Allows a board to take action in an executive session under certain conditions, such as purchase of real estate, personnel issues and competitive issues. [Note: under the Texas Open Meetings Act, action can only be taken in open session.] Gives co-op members a right of access to books and records, but would require a requestor to furnish an affidavit stating the purpose of the request. [Note: Under Public Information Act, Government Code § 552.222. Permissible Inquiry by Governmental Body to Requestor, "The officer for public information and the officer’s agent may not make an inquiry of a requestor except to establish proper identification" or to clarify the request.]
81_R HB 1119 (read bill) Bolton D-Austin DEAD: Referred to House Land & Resource Management, Feb. 25 public notice support 2 Relating to authorizing certain populous counties to adopt county planning regulations. Would amend Local Government Code by adding Subchapter M, COUNTY PLANNING REGULATORY AUTHORITY BY CERTAIN POPULOUS COUNTIES. See p.2, Sec. 231.276, PROCEDURES GOVERNING ADOPTION OF COUNTY PLANNING REGULATIONS AND DISTRICT BOUNDARIES. Says "The commissioners court of a county wishing to exercise the authority relating to zoning regulations and zoning district boundaries shall establish procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the county."
81_R HB 1149 (read bill) Thompson D-Houston DEAD: House Corrections report sent to Calendars, May 1 open meetings monitor 3 Relating to hearings by the Board of Pardons and Paroles regarding clemency matters. [Same as SB 166 by Ellis] Would amend Open Meetings Act, Government Code Sec. 551.124, BOARD OF PARDONS AND PAROLES. Would allow hearings to be held by videoconference and releases Board of Pardons and Paroles from requirement that the body specify an intent to have a quorum or a majority of a quorum physically present at a hearing location.
81_R HB 1167 (read bill) Dutton D-Houston DEAD: Referred to House Public Education, Feb. 26 public notice support 2 Relating to the closure of a school campus by the board of trustees of a school district. [Same as HB 999 by Dutton] Would amend Education Code by adding Sec. 11.174, CAMPUS CLOSURE. Requires notice of hearing on proposal to close a school campus to be published in a newspaper of general circulation in the district.
81_R HB 1168 (read bill) Dutton D-Houston DEAD: Referred to House Criminal Jurisprudence, Feb. 26 public information oppose 1 Relating to discovery in a criminal case. [Same as HB 301 by Dutton and SB 1686 by Hinojosa] See SECTION 11 of the bill titled DISCLOSURE TO THIRD PARTIES. Neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. Also see SECTION 13, CONFLICT OF LAW. Says "To the extent of any conflict, this article prevails over Chapter 552, Government Code."
81_R HB 1266 (read bill) Darby R-San Angelo PASSED: Companion bill SB 811 signed by Governor May 19, effective immediately public notice support 3 Relating to authorizing the board of regents of the Texas Tech University System to transfer the San Angelo Museum of Fine Arts to a nonprofit organization to operate the museum. [Same as SB 811 by Duncan] Would amend Education Code by adding Section 109A.005, AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF FINE ARTS. Would require the board of regents to conduct a public meeting regarding the transfer, and would require public notice of the meeting to be published in a newspaper.
81_R HB 1314 (read bill) Strama D-Austin DEAD: Left pending, House Public Education, March 24 public notice support 2 Relating to the availability of certain financial information on Internet websites of school districts and open-enrollment charter schools. Would require open enrollment charter schools and public school districts to post on their Internet website their quarterly financial statements. These statements would include (1) budgeted revenue summarized by source, including local, state, and federal; (2) expenditures, including the function code assigned to the expenditure for the purpose of meeting state reporting requirements; (3) projected fund balance and net asset balance for the fiscal year end compared with the actual dollar amount in each fund or asset account; and (4) a comparison of actual revenue and expenditures to budgeted revenue and expenditures. Also requires the information to remain posted until the second anniversary of the date of the statement.
81_R HB 1360 (read bill) Anchia D-Dallas PASSED: Signed by Governor, June 19, effective immediately public information oppose 1 Relating to the effect under the public information law of the disclosure of certain information by a prosecutor to defense counsel. Would amend Code of Criminal Procedure by adding Art. 38.02, EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE OF CERTAIN INFORMATION. Establishes that a release of information by a prosecutor to a defense counsel for a purpose relating to the pending or reasonably anticipated prosecution of a criminal case is not considered a voluntary release of information to the public for purposes of state law regarding public information and does not waive the right to assert in the future that the information is excepted from required disclosure under the Texas Public Information Act.
81_R HB 1383 (read bill) Davis D-Dallas DEAD: Referred to House State Affairs, March 2 public information monitor 3 Relating to access to certain information under the public information law concerning public officers and employees. [Same as SB 331 by Carona] Would amend Public Information Act, Government Code 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Replaces current opt-out language with language that makes public officers' and employees' personal information automatically confidential. Also would add a new exception, Sec. 552.150, INFORMATION THAT COULD COMPROMISE SAFETY OF PUBLIC OFFICER OR EMPLOYEE.
81_R HB 1387 (read bill) Davis D-Dallas DEAD: Reported favorably, House Public Education, April 14 public notice support 2 Relating to hearing requirements for the adoption of certain rules by a board of trustees of certain school districts. Would amend Education Code 11.065, APPLICABILITY TO CERTAIN DISTRICTS, by adding newspaper notice publication requirement when the board of trustees wishes to adopt rules to govern the term, election and residency requirements of members of the board.
81_R HB 1390 (read bill) Rose D-Dripping Springs DEAD: Left pending, House State Affairs, April 7 public information support 2 Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. [Same as SB 921 by Fraser] Would amend Utilities Code in various ways to increase transparency of electric co-ops by adding open meetings and public information requirements.
81_R HB 1411 (read bill) Jones R-Lubbock PASSED: Signed by Governor May 27, effective immediately public information oppose 1 Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying. [Same as SB 974 by Carona] Would amend Occupations Code Sec. 1071.204(e), RECORDS OF COMPLAINTS, so that "For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the board or by its employees or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure." Current language says "A frivolous complaint is public information, except that the license holder's name and other personal information shall be redacted."
81_R HB 1450 (read bill) Rodriguez D-Austin DEAD: Left pending, House Environmental Regulation, April 1 public information support 2 Relating to the disposal and reuse of coal combustion waste. Would amend Health & Safety Code by adding reporting requirements. Sec. 361.0236, DISPOSAL AND REUSE OF COAL COMBUSTION WASTE, paragraph (b), says "Information related to groundwater and soil monitoring of sites containing coal combustion waste ... is not confidential and must be made public under this section."
81_R HB 1453 (read bill) Naishtat D-Austin DEAD: Set on May 14 House Calendar for Second Reading public information support 2 Relating to long-term care consumer information made available through the Internet. [Same as SB 1513 by Watson] Would amend Government Code chapter 531 with a requirement that the Department of Aging and Disability Services maintain a web site that includes such information as a health care facility's medical loss ratio, complaint information, any sanction or penalty imposed by any state agency, information concerning consumer satisfaction, etc.
81_R HB 1471 (read bill) Thibaut D-Houston DEAD: Referred to Senate Business & Commerce, May 6 public notice monitor 3 Relating to foreclosure sales of residential real property. Would amend Property Code 24.005. Extends period for certain foreclosure notices, but lacks provision for newspaper notice.
81_R HB 1483 (read bill) Pitts R-Waxahachie DEAD: Left pending, House Land & Resource Management, March 25 public notice monitor 3 Relating to the use of eminent domain authority. [Same as HB 402 by Woolley] See on p.4: Sec. 2206.103, VOTE ON USE OF EMINENT DOMAIN: "(a) Before a governmental entity initiates a condemnation proceeding by filing a petition under Section 21.012, Property Code, the governmental entity must authorize the initiation of the condemnation proceedings at a public meeting by a record vote." On pp.5-6, says a single ordinance can be used for multiple tracts. On p.6, paragraph (g), says reasonable notice must be given to property owners whose land is targeted for condemnation. But absent is a provision for newspaper notice. Also see p.7, Sec. 21.023, DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION: says governmental entity at the time it acquired the property through eminent domain must state the purchase price. Strikes current language that says "fair market value of the property at the time the public use was canceled." [Note: the representative's staff said the above language does not reduce open government provisions in current law that require the identification of individual tracts, require a vote in open session, and require public notice of orders, resolutions and ordinances proposed by the governmental body.]
81_R HB 1507 (read bill) Bolton D-Austin DEAD: Reported as substituted, House County Affairs, April 20 public notice support 2 Relating to authorizing certain populous counties to adopt noise regulations. Contains requirement for public notice of hearing on proposed ordinance. See p.2, lines 17-19: "Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the county."
81_R HB 1525 (read bill) Alvarado D-Houston DEAD: Referred to House Environmental Regulation, March 2 public information support 3 Relating to disclosure by the Texas Commission on Environmental Quality of information related to emissions events. [Same as SB 459 by Gallegos] Would require TCEQ to post this information on its web site.
81_R HB 1562 (read bill) Aycock R-Killeen DEAD: Withdrawn, House Agriculture & Livestock, April 7 public information oppose 2 Relating to the confidentiality of investigation records of the State Board of Veterinary Medical Examiners and clarification of the regulatory authority of the board. See Sec. 801.207(a), CONFIDENTIALITY OF INVESTIGATION FILES [PUBLIC RECORD; EXCEPTION]. Says "The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than to the board or an employee or agent of the board."
81_R HB 1634 (read bill) Smith R-Bedford DEAD: Left pending, Senate Transportation & Homeland Security, May 11 public information monitor 3 Relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report. [Same as HB 1747 by Smith, R-Bedford] Would amend Transportation Code 550.065, RELEASE OF CERTAIN INFORMATION RELATING TO ACCIDENTS. Under paragraph (7), motor vehicle accident report information shall immediately released on request "to a newspaper that is qualified to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news."
81_R HB 1707 (read bill) Geren R-Fort Worth PASSED: Companion bill SB 1071 signed by Governor May 19, effective immediately public information support 1 Relating to the required disclosure under the public information law of information pertaining to an employee or trustee of a public employee pension system. [Same as SB 1071 by Wentworth] Would amend the Public Information Act by adding Government Code Sec. 552.0221, EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION SYSTEM. Says "information concerning the income, salary, benefits, and bonuses received from the pension system by the employee or trustee in the person’s capacity as an employee or trustee of the system, is public information and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by the following statutes or by similar statutes intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such ..."
81_R HB 1747 (read bill) Smith R-Bedford DEAD: Referred to House Transportation, March 3 public information monitor 3 Relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report. [Same as HB 1634 by Smith, R-Bedford] Would amend Transportation Code 550.065, RELEASE OF CERTAIN INFORMATION RELATING TO ACCIDENTS. See paragraph (7), which says motor vehicle accident report information shall immediately released on request to "a newspaper that is qualified to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news."
81_R HB 1773 (read bill) Fletcher R-Tomball DEAD: Set on May 14 House Calendar for Second Reading public information monitor 3 Relating to the confidentiality of certain personal information concerning current and former employees of certain divisions of the office of the attorney general. [Same as SB 1692 by Wentworth] Would amend Public Information Act, Government Code Sec. 552.1175(a) by adding paragraph (7), which makes confidential certain information about current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve criminal law enforcement. Also adds same amendment to Tax Code chapter 25. At March 31 hearing, Rep. Fletcher said HB 1773 seeks to protect peace officers from retribution by violent criminals.
81_R HB 1783 (read bill) Solomons R-Carrollton Maldonado D-Round Rock PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 open meetings support 2 Relating to the Internet broadcasting of Public Utility Commission of Texas and ERCOT public hearings and meetings. Would amend the Utilities Code by adding Sec. 12.204, INTERNET FOR HEARINGS AND MEETINGS. Requires the PUC and ERCOT to make publicly accessible without charge live Internet video of all public hearings and meetings. ERCOT, the Electric Reliability Council of Texas, operates the electric grid and manages the deregulated market for 75 percent of the state.
81_R HB 1817 (read bill) Rose D-Dripping Springs DEAD: Deleted from hearing, House Ways & Means, April 20 open meetings oppose 1 Relating to the authority of a county or library district to receive local sales tax information. Would amend Tax Code by adding Section 323.3022, TAX INFORMATION. See paragraphs (f), (g) and (i): (f) Information received by a county 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 county under this chapter, or for the purpose described by Subsection (g). (g) Information received by a county under Subsection (b) may be used by the county to assist in determining revenue sharing under a revenue sharing agreement or other similar agreement. (i) Notwithstanding Chapter 551, Government Code, the commissioners court of a county is not required to confer with one or more employees or a third party in an open meeting to receive information or question the employees or third party regarding the information received by the county under this section.
81_R HB 1826 (read bill) Smith R-Bedford PASSED: Companion bill SB 375 signed by Governor May 19, effective immediately public information support 2 Relating to the release of motor vehicle accident report information. [Same as SB 375 by Carona] Would amend Transportation Code 550.065, MOTOR VEHICLE ACCIDENT REPORTS. Authorizes TxDOT discretion to make statistical information derived from the Crash Records Information System [CRIS] database available to the public.
81_R HB 1885 (read bill) Pena D-Edinburg PASSED: Similar bill, HB 670 signed by Governor May 13, effective immediately Free Flow support 1 Relating to a qualified privilege of a journalist not to testify. [Similar to HB 670 by Martinez-Fischer, SB 915 by Ellis and Duncan, and HB 3919, also by Pena] Would amend Civil Practice and Remedies Code by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. "The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice."
81_R HB 1887 (read bill) Dutton D-Houston DEAD: Referred to House Public Education, March 5 public notice oppose 1 Relating to competitive bidding by school districts for professional services. Government Code Chapter 2254 is the Professional Services Procurement Act. HB 1887 would amend Government Code by adding Sec. 2254.0025, an exception that says school districts would not have to comply with competitive bidding requirements when contracting for professional services. Professional services, by the Act's definition, include accounting, architecture, landscape architecture, land surveying, medicine, optometry, professional engineering, real estate appraising, professional nursing.
81_R HB 2002 (read bill) McCall R-Plano PASSED: Signed by Governor, June 19, effective immediately public information oppose 2 Relating to a right of a close relative to seek expunction of arrest records and files on behalf of a deceased person. Would amend Code of Criminal Procedure by adding Art. 55.011, RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. Says "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister or child of a deceased person. Would allow petition for the expunction of the record of a deceased person.
81_R HB 2037 (read bill) Howard D-Austin Anchia D-Dallas DEAD: Referred to Senate Education, May 4 open meetings oppose 1 Relating to the creation of the Permanent School Fund Management Council to manage the permanent school fund. [HB 2037 is enabling legislation for HJR 77 by Howard.] Would amend Education Code by adding Sec. 43.0011, PERMANENT SCHOOL FUND MANAGEMENT COUNCIL. Allows a "staff-briefings" type exception to the Open Meetings Act. Paragraph (j) on p.3 says "The council is subject to the open meetings law, Chapter 551, Government Code, except that the council is not required to discuss an investment or potential investment with one or more council employees or with a third party in an open meeting to the same extent that the board of trustees of the Texas growth fund is provided an exception from the open meetings law under Section 551.075, Government Code."
81_R HB 2042 (read bill) Flynn R-Canton PASSED: Signed by Governor, May 20, effective immediately public notice oppose 1 Relating to the notice requirements following impoundment of an estray. Would amend Agriculture Code Sec. 142.009(d). Makes public notice on a county's web site an alternative to public notice to be published in a newspaper. Says "the sheriff shall post a notice of the impoundment of the estray on the public notice board of the courthouse and advertise the impoundment of the estray: (1) in a newspaper of general circulation in the county at least twice during the 15 days after the date of impoundment; OR (2) on the county’s Internet website for at least 15 days after the date of impoundment."
81_R HB 2051 (read bill) Bolton D-Austin DEAD: Referred to House State Affairs, March 9 public information support 1 Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, and amendments to bills and proposed constitutional amendments. Would amend Government Code by adding Sec. 301.035, RECORD VOTE ON BILLS AND OTHER MEASURES REQUIRED. Would require the vote of each legislator to be recorded on second reading of most legislation.
81_R HB 2056 (read bill) Gallego D-Alpine DEAD: Set on May 14 House Calendar for Second Reading public notice support 2 Relating to granting certain local governments general zoning authority around certain military facilities. [Same as SB 2439 by Uresti] Would amend Local Government Code by adding Chapter 241A, MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY. Adds public notice of a public hearing to be published in a newspaper of general circulation in the county. See p.4, lines 19-22, "Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the hearing in a newspaper of general circulation in the county.
81_R HB 2132 (read bill) Rios Ybarra D-South Padre Island DEAD: No action taken, House Judiciary & Civil Jurisprudence, April 27 public information monitor 3 Relating to sealing of court records containing identifying financial information or personal identifying information. Would amend Government Code Chapter 23 by adding Subchapter D, SEALING OF RECORDS CONTAINING IDENTIFYING FINANCIAL INFORMATION OR PERSONAL IDENTIFYING INFORMATION. See Sec. 23.252, SEALING OF RECORDS. Says, "(a) On motion of a person, including a party or a victim, whose identifying financial information or personal identifying information is included in the court ’s record, the court shall seal the information unless the court finds good cause not to seal the information."
81_R HB 2203 (read bill) Isett R-Lubbock DEAD: Left pending, House Insurance, April 14 public information monitor 3 Relating to the continuation and operation of the Texas Department of Insurance and the operation of certain insurance programs. [Same as SB 1007 by Hegar] Would amend the Insurance Code so audits [not just "audit working papers"], final reports and preliminary reports would be confidential and not subject to the Public Information Act. See pp. 29,31.
81_R HB 2212 (read bill) Craddick R-Midland PASSED: Signed by Governor, June 19, effective immediately public notice support 2 Relating to the division of certain emergency services districts. Would require public notice of hearing on petition to create district. Paragraph (e), p.2 line 5, says "The board shall publish the notice in a newspaper of general circulation in the district once a week for two consecutive weeks."
81_R HB 2213 (read bill) Farrar D-Houston DEAD: Reported as substituted, House Criminal Jurisprudence, May 7 public information oppose 1 Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure. [Same as HB 2075 by Hinojosa] Would amend Code of Criminal Procedure so that a person who is the subject of an order of deferred adjudication community supervision that has resulted in a discharge and dismissal may be entitled to the expunction of their criminal record. The type of misdemeanor or felony committed would affect the number of years a person would have to wait to petition a court for expunction.
81_R HB 2257 (read bill) Giddings D-DeSoto DEAD: Left pending, House Business & Industry, March 24 public information support 2 Relating to mandatory sales price disclosure in certain real property sales. Would amend Property Code by adding Sec. 12.0012, MANDATORY SALES PRICE DISCLOSURE. Says a person may not file for record or have recorded in the county clerk’s office an instrument conveying commercial property, multifamily residential property or vacant land under a contract for sale unless the instrument discloses the sales price of the property. And, violators would be liable to the state for a civil penalty for each violation in an amount equal to 5 percent of the sales price of the property.
81_R HB 2285 (read bill) Driver R-Garland DEAD: Left pending, House Criminal Jurisprudence, April 14 public notice support 2 Relating to the use of proceeds from the sale of certain forfeited property in a criminal trafficking case. Would require sheriff to submit for publication in a newspaper county trafficking property damage remedial fund audit results. See p.2 line 20.
81_R HB 2295 (read bill) McClendon D-San Antonio DEAD: Referred to Senate Business & Commerce, May 15 public information oppose 1 Relating to the continuation and functions of the Texas Residential Construction Commission. [Same as SB 1015 by Hegar] Would amend Property Code regarding dispute resolution information. Allows removal of final reports on dispute resolution from the commission's website. See SECTION 18, paragraph (h), which says "A final report removed by the commission under Subsection (g) is not public information subject to disclosure under Chapter 552, Government Code."
81_R HB 2301 (read bill) Marquez D-El Paso PASSED: Companion bill SB 1368 signed by Gov. June 19, effective Sept. 1, 2009 public notice oppose 1 Relating to the creation of a county ethics commission in certain counties. [Same as SB 1368 by Shapleigh] Would amend Local Government Code by adding Chapter 161, COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES. The chapter applies only to a county with a population of 650,000 or more that is located on the international border [El Paso County]. P.28 paragraph (b) says the Open Meetings Act does not apply to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion. P.28, Sec. 161.173, CONFIDENTIALITY; OFFENSE, says proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, "except that a document or statement that was previously public information remains public information."
81_R HB 2309 (read bill) Davis D-Dallas DEAD: Left pending, House Business & Industry, April 14 public information monitor 3 Relating to reporting of certain information regarding foreclosure sales of residential real property. [Same as SB 980 by Lucio Jr.] See p.2, paragraph (d): "The county clerk shall submit the data collected under Section 51.0023, Property Code, to the department monthly. The department shall make the data submitted available to the public on the department's Internet website." And, see p.3 under paragraph (e): "The department shall make the report required under this subsection available to the public on the department's Internet website."
81_R HB 2324 (read bill) Howard R-Sugar Land PASSED: Companion bill SB 1149 signed by Governor May 12, effective immediately public notice monitor 3 Relating to authorizing the Texas Board of Criminal Justice to sell certain real property for municipal airport expansion. [Same as SB 1149 by Hegar] Would amend Government Code 496.0021 by allowing the Texas Board of Criminal Justice to authorize the sale of land directly to a municipality at fair market value without the requirement of a competitive/sealed bid sale.
81_R HB 2325 (read bill) Raymond D-Laredo DEAD: Left pending, House Licensing & Administrative Procedures, April 8 public notice support 2 Relating to local option elections to legalize or prohibit the operation of eight-liners and imposing a fee on eight-liner owners. Would amend Election Code by adding Chapter 502, LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS. Sec. 502.023, APPLICATION FOR PETITION, requires proof of publication of the application in a newspaper of general circulation in that political subdivision.
81_R HB 2334 (read bill) Geren R-Fort Worth PASSED: Companion bill SB 882 signed by Governor June 19, effective immediately public information oppose 1 Relating to the powers and duties of a regional tollway authority, including the establishment of an administrative adjudication hearing procedure. [Same as SB 882 by Carona] Would amend the Public Information Act, Government Code Chapter 552 in two places. See SECTION 9, amending Goverment Code Sec. 552.116(a), by adding the audit working papers of toll road authorities to the list of governmental audit working papers not subject to disclosure. Also, SECTION 10 would amend the Public Information Act, Government Code Sec. 552.116(b)(1), so the definition of audit includes "a resolution or other action of a joint board or the governing board of a toll project entity described by Subsection (a) and includes an investigation."
81_R HB 2381 (read bill) Kolkhorst R-Brenham PASSED: Companion bill SB 704 signed by Gov. June 19, effective Sept. 1, 200 public information oppose 1 Relating to disclosure of the prices charged to state agencies in connection with pharmacy benefit manager services. [Same as SB 704 by Nelson] See Sec. 2158.403, CONFIDENTIALITY, which says, "The information received by a state agency under Section 2158.402 is confidential and may not be disclosed to a person outside of the state agency and its agents."
81_R HB 2468 (read bill) Rodriguez D-Austin DEAD: Left pending, House Elections, April 20 open meetings support 2 Relating to public access to the examination and approval of voting systems used in an election. Would amend Election Code chapter 122 by requiring that examinations and reexaminations of a voting system be conducted at an open meeting and that an audiovisual recording of examinations and reexaminations must be created and made available to the public on request.
81_R HB 2491 (read bill) Patrick R-Arlington DEAD: Referred to Senate Education, May 1 public information oppose 1 Relating to disclosure of certain personal information of applicants for employment with and current and former employees of public school entities. Would amend Education Code by adding Sec. 22.010, DISCLOSURE OF PERSONAL INFORMATION, so that public school districts and open enrollment charter school applicants and employees must "opt-in" to authorize public access to their personal information. Would make date of birth confidential. An amendment was attached on Second Reading, making year of birth and criminal history of a serious nature subject to disclosure.
81_R HB 2573 (read bill) Gonzalez-Toureilles D-Beeville DEAD: Pronounced dead by procedural action, May 14 public notice oppose 1 Relating to the amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 78 by Flynn and HB 117 by Heflin] Would amend Local Government Code Chapter 262. Increases threshold for competitive bidding notice requirement to $50,000. Present threshold is $25,000.
81_R HB 2601 (read bill) Thompson D-Houston DEAD: Left pending, House Business & Industry, March 24 public notice support 1 Relating to notice of a foreclosure sale of real property. Would amend Property Code by adding Sec. 51.0022, PUBLICATION OF NOTICE. Says "(a) A person required to provide notice of the sale of real property: shall publish in a newspaper of general circulation in each county in which the property is located at least once each week for four consecutive weeks beginning not earlier than the 35th day or later than the 28th day before the date of the sale notice that states the place of the sale and provides a description of the property sufficient to identify the property’s location." [March 24 hearing was in House Business & Industry Subcommittee on Texas Residential Construction Commission, Property, Landlord and Tenant Issues.]
81_R HB 2605 (read bill) Hunter R-Corpus Christi PASSED: Companion bill SB 835 signed by Gov, June 19, effective Sept. 1, 2009 public notice oppose 2 Relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside. [Same as SB 835] See paragraph (d), which says, "Notwithstanding any other law, and subject to the terms of this subsection, the authority may sell or lease surplus property with or without public bidding." As surplus property has value and was purchased with tax dollars, public bidding should be required.
81_R HB 2631 (read bill) Howard R-Sugar Land DEAD: Referred to House Elections, March 16 public information oppose 1 Relating to the filing of personal financial disclosure statements by municipal officers and candidates, members of the boards of trustees of school districts, and directors of sports and community venue districts. Would amend Local Government Code Sec. 145.003, Local Government Code, FINANCIAL DISCLOSURE REQUIRED. See paragraph (c) which says, "a municipal officer who does not receive compensation for serving as an officer or a candidate for such an office is not required to file a financial statement under this chapter."
81_R HB 2672 (read bill) Howard R-Sugar Land DEAD: Reported as substituted, House Business & Industry, May 11 business-related oppose 2 Relating to restriction on the automatic renewal of contracts. Would amend Business & Commerce Code by adding Chapter 606, AUTOMATIC RENEWAL OF CONTRACTS. Restricts the automatic renewal of subscriptions of newspapers and magazines.
81_R HB 2754 (read bill) Castro D-San Antonio DEAD: Left pending, House Public Safety, April 27 public information support 2 Relating to a central database containing information about certain offenders who have committed offenses involving family or dating violence. Would amend Government Code by adding Sec. 411.1355, CENTRAL DATABASE OF OFFENDERS WHO HAVE COMMITTED OFFENSES INVOLVING FAMILY VIOLENCE. A computerized central database containing information regarding persons who on three or more occasions have been convicted of an offense for which an affirmative finding of family violence was made. The database is public information. Contains full name, each alias used, date of birth, last known address, physical description and recent photograph, list of offenses, actions taken by the state.
81_R HB 2822 (read bill) Flores D-Mission DEAD: Referred to Senate Transportation & Homeland Security, May 6 open meetings support 2 Relating to requiring a regional mobility authority to post on its website the full agenda packet for a meeting of the authority. Would amend Open Meetings Act, Government Code chapter 551, by adding paragraph (c) to Sec. 551.056. Says "A regional mobility authority described by Subsection (c)(6) must also concurrently post the full agenda packet for the meeting of the board of directors on the Internet website of the regional mobility authority. For purposes of this subsection, the full agenda packet includes all correspondence, contracts, documents, analyses, maps, minutes, and other documents provided to the members of the board of directors to allow the members to prepare for the meeting."
81_R HB 2859 (read bill) Miller R-New Braunfels PASSED: Signed by Governor, June 19, effective immediately public notice oppose 2 Relating to notice requirements for a county selling surplus or salvage property. Would amend Local Government Code Sec. 263.153 by adding Subsection (c) making it so no public notice need be published in a newspaper, for sale of county property through an auctioneer who uses an Internet auction site offering online bidding to sell surplus or salvage property. Requires internet notice only.
81_R HB 2890 (read bill) Martinez D-Weslaco DEAD: Referred to House State Affairs, March 17 public information oppose 1 Relating to the disclosure by a member of the legislature or the lieutenant governor of certain information concerning a resident of this state to a governmental body. Would amend Government Code chapter 306, with what appears to be whistleblower protection. Gives lawmakers and the lieutenant governor the authority to keep confidential: [1] the name of a citizen they have communicated with and [2] information contained in the in the communication that identifies that citizen.
81_R HB 2909 (read bill) Marquez D-El Paso DEAD: Reported favorably, House State Affairs, April 29 public information monitor 3 Relating to allowing a governmental body to redact certain personal information under the public information law without necessity of requesting a decision from the attorney general and calculation of certain deadlines under the public information Would amend the Public Information Act, Government Code 552, by allowing a governmental body to redact information from documents without requesting a decision from the attorney general as to whether the information is public information. Affected subsections of the Public Information Act: 552.130, EXCEPTION: MOTOR VEHICLE RECORDS; 552.136, CONFIDENTIALITY OF CREDIT CARD, DEBIT CARD, CHARGE CARD and ACCESS DEVICE NUMBERS; 552.137, CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES; and 552.138, EXCEPTION: FAMILY VIOLENCE SHELTER CENTER AND SEXUAL ASSAULT PROGRAM INFORMATION.
81_R HB 2927 (read bill) Howard D-Austin PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information support 2 Relating to the regulation of cemeteries by state and local government. Would amend Health & Safety Code. See 711.036, paragraph (b) on p.6. Says an owner of land adjacent to a cemetery for which a cemetery organization does not exist may petition a district court of the county in which the cemetery is located to remove the dedication for all or any portion of the cemetery. In addition to the notice required by Section 711.004, notice of a petition filed under this subsection must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located. The Texas Historical Commission and the county historical commission may intervene and become parties to the suit. Unknown next of kin of deceased persons buried in the cemetery shall be served by publication of a notice in a newspaper of general circulation in the county in which the cemetery is located, or if there is not a newspaper of general circulation in the county, in a newspaper of general circulation in an adjacent county. All remains and monuments must be removed from the cemetery or that portion of the cemetery for which the dedication is to be removed.
81_R HB 2948 (read bill) Miller R-New Braunfels DEAD: Left pending, House Transportation, April 2 public notice support 2 Relating to the regulation of off-premises signs in the unincorporated area of a county. [Same as SB 1622 by Wentworth] Would amend Local Government Code by adding Sec. 240.908, REGULATION OF OFF-PREMISES SIGNS. Says the commissioners court of a county by order may prohibit the erection of off-premises signs along roads in the unincorporated area of the county. The commissioners court may not require the relocation, reconstruction, or removal of an off-premises sign in existence on the effective date of this section. And, before issuing such an order, the commissioners court shall hold a public hearing on the proposed order. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county.
81_R HB 3009 (read bill) Coleman D-Houston PASSED: Signed by Governor, June 19, effective immediately public notice support 2 Relating to the authority of municipal management districts to consolidate. [Same as SB 2040 by Ellis] Would amend Local Government Code by adding SUBCHAPTER P, CONSOLIDATION OF DISTRICTS. See p.2, Sec. 375.353, NOTICE AND HEARING ON CONSOLIDATION. "(a) Each district’s board shall publish notice and hold a public hearing in its district regarding the terms and conditions for consolidation of the districts. Such notice shall be published at least once in a newspaper with general circulation in the affected districts at least seven (7) days prior to the hearing."
81_R HB 3048 (read bill) Farias D-San Antonio DEAD: Left pending House Elections, April 27 public information support 2 Relating to the availability on the Internet of reports of political expenditures and contributions filed in connection with certain county and municipal offices. Would amend Election Code Sec. 254.0401, Election Code by adding Subsections (a-1) and (c), as follows: (a-1) Each county clerk shall make a report filed with the clerk under this subchapter in connection with a county office or the office of county commissioner available to the public on the county’s Internet website not later than the second business day after the date the report is filed. (c) The clerk of a municipality with a population of 500,000 or more shall make a report filed with the clerk under this subchapter in connection with the office of mayor or member of the municipality’s governing body available to the public on the municipality’s Internet website not later than the second business day after the date the report is filed.
81_R HB 3093 (read bill) Harless R-Spring DEAD: Withdrawn, House Land & Resource Management, April 8 public notice support 2 Relating to the authority of certain counties to adopt commercial development regulations for unincorporated areas of the county. Would amend Local Government Code. See Sec. 231.455, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. Says a commercial development regulation under this subchapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county.
81_R HB 3186 (read bill) McCall R-Plano PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information monitor 3 Relating to the collection and use of biometric identifiers. Would amend Business & Commerce Code 503 by requiring a law enforcement agency to destroy a biometric identifier within a reasonable time not to exceed the first anniversary of the date the purpose for collecting the identifier expires. See paragraph (3).
81_R HB 3212 (read bill) Edwards D-Houston DEAD: Referred to House Criminal Jurisprudence, March 18 public information oppose 1 Relating to the automatic expunction of certain criminal records. Would amend Code of Criminal Procedure Art. 55 so that a trial court would be required to issue an expunction order for a person entitled to expunction because: (1) the person was acquitted; (2) the person was pardoned; or (3) the offense was dismissed.
81_R HB 3265 (read bill) Rose D-Dripping Springs DEAD: Reported as substituted, House County Affairs, April 27 public notice support 2 Relating to granting Hill Country counties regulatory authority and the authority to impose certain development fees. Would add two new requirements for public notice to be published in newspaper. See pp.7,11.
81_R HB 3278 (read bill) Phillips R-Sherman DEAD: Left pending, House Transportation, March 24 public notice support 2 Relating to the creation, organization, governance, duties and functions of the Texas Department of Vehicles. [Same as SB 626 by Carona] On p.14, see Sec. 1003.005, NEWSPAPER PUBLICATION. Says "Except as otherwise provided by law, a notice or other matter that this code or other law requires the board or the department to publish must be published for three successive weeks in two newspapers that: (1) are printed in this state; and (2) have a general circulation in this state."
81_R HB 3298 (read bill) Strama D-Austin DEAD: Referred to House State Affairs, March 18 open meetings oppose 2 Relating to the requirement to post notice of the subject of a meeting under the open meetings law as it relates to informal discussion of a social, ceremonial, or community event. Would amend Public Information Act by adding Government Code Sec. 551.0415, INFORMAL DISCUSSION OF SOCIAL, CEREMONIAL OR COMMUNITY EVENT. Allows quorum of a governmental body to informally discuss a social, ceremonial or community event during a meeting without giving notice if: (1) the informal discussion concerns matters unrelated to public business conducted by the governmental body; and (2) the quorum of the governmental body complies with Section 551.042 with regard to any public business incidental to the social, ceremonial, or community event that arises during the discussion. (b) The following matters are considered unrelated to public business for purposes of Subsection (a)(1): (1) expressions of condolence; (2) a reminder about an upcoming event sponsored by the governmental body; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; and (4) a discussion regarding a public official’s attendance at an upcoming social, ceremonial or community event.
81_R HB 3306 (read bill) Bonnen R-Angleton Jackson R-Pasadena PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public notice oppose 1 Relating to the removal and disposal of certain vessels and structures in or on coastal waters. Removes publication requirement for public notice in newspaper in favor of web notice, p.4 paragraph (2).
81_R HB 3312 (read bill) Gonzales D-McAllen PASSED: Companion bill SB 1685 by Hinojosa signed by Gov., effective immediately public notice support 2 Relating to the creation of a district court records technology fund. [Same as SB 1685 by Hinojosa] Would amend Government Code by adding Sec. 51.305, DISTRICT COURT RECORDS TECHNOLOGY FUND. See paragraph (f) which says the district clerk in a county that adopts a fee under this section shall prepare an annual written plan for the preservation and restoration of the district court records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing.
81_R HB 3369 (read bill) Rose D-Dripping Springs DEAD: Left pending, House Elections, March 30 newsgathering support 1 Relating to the use of prohibited electronic devices at polling locations. Allows members of the news media to use electronic devices at polling places.
81_R HB 3399 (read bill) Darby R-San Angelo DEAD: Left pending, House Criminal Jurisprudence, April 6 public information oppose 1 Relating to the right of a person convicted of a Class A misdemeanor to seek an expunction of arrest records and files relating to the offense. Would amend Code of Criminal Procedure Art. 55.01(a), so that a person may petition a court to have their arrest records and files expunged if convicted only of a Class A misdemeanor and not an offense under Title 5, Penal Code [crimes against the person: criminal homicide, kidnapping and unlawful restraint, trafficking of persons, sexual offenses, assaultive offenses].
81_R HB 3481 (read bill) Veasey D-Fort Worth DEAD: Referred to House Criminal Jurisprudence, March 19 public information oppose 1 Relating to the right to an expunction of records and files relating to a person's arrest. [Same as SB 920 by Harris] Would amend Code of Criminal Procedure Art. 55 by allowing expunction of a criminal record if an indictment or information charging the person with commission of a felony was dismissed or quashed under certain conditions. Expunction of criminal record information destroys patterns that later may be discernable, e.g., malicious prosecution, inadequate defense, wrongful conviction.
81_R HB 3487 (read bill) Coleman D-Houston DEAD: Recommended for Senate Local / Uncontested Calendar, May 18 public notice oppose 1 Relating to the purchasing and contracting authority of counties. Would amend Local Government Code Chapter 262, PURCHASING AND CONTRACTING AUTHORITY OF COUNTIES. Cuts back competitive bidding public notices from two notices to one. The one notice would be an abbreviated notice that redirects readers to a website. See paragraph (b-1) on p.12.
81_R HB 3522 (read bill) Ortiz Jr. D-Corpus Christi PASSED: Companion bill SB 1182 signed by Governor June 19 public information support 2 Relating to the open records steering committee, reports by the attorney general on costs of copies, and certain deadlines, costs and suits filed under the public information law. [Same as SB 1182 by Wentworth] Would amend the Public Information Act, Government Code 552.009, OPEN RECORDS STEERING COMMITTEE: ADVICE TO ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION. See SECTION 6 of the bill, amending Sec. 552.324, SUIT BY GOVERNMENTAL BODY. Says "(a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that: (1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and (2) seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G." [Subchapter G is the process for requesting an open records decision from the attorney general.]
81_R HB 3596 (read bill) Parker R-Flower Mound DEAD: Not heard, House Ways & Means, May 4 public information oppose 1 Relating to a prohibition on the public disclosure of information in appraisal records that identifies a property owner. Would amend Tax Code by adding Sec. 25.028, CONFIDENTIALITY OF INFORMATION IDENTIFYING PROPERTY OWNER. Says personal identifying information in appraisal records is confidential and available only for the official use of the appraisal district, this state, the comptroller, and taxing units and political subdivisions of this state if: (1) the information identifies a property owner; and (2) the property owner chooses to restrict public access to the information on the form prescribed for that purpose by the comptroller.
81_R HB 3601 (read bill) Paxton R-McKinney DEAD: Referred to House County Affairs, March 19 public notice monitor 3 Relating to the authority of a county clerk to post official and legal notices by electronic display. Would amend Local Government Code by adding Subchapter B, MISCELLANEOUS POWERS AND DUTIES, Sec. 82.051, ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY COUNTY CLERK. Says "(a) In this section, "electronic display" includes a display by the use of an electronic kiosk, electronic bulletin board, or other similar device designed to provide readily accessible information. (b) A county clerk may post an official and legal notice by electronic display instead of posting a physical document. An electronic display of information posted under this section must meet the location, time, and accessibility requirements provided by law for the posting of the notice."
81_R HB 3641 (read bill) Miller R-New Braunfels DEAD: Referred to House State Affairs, March 19 public information oppose 1 Relating to the preservation of effective responses to requests for information pursuant to the public information law. Would amend the Public Information Act, Government Code 552, by creating a process to deal with "abusive requestors." An abusive requestor is defined as a citizen who has made at least five requests for public information in the past seven years that the government has deemed abusive, harassing or wasting public funds and time of public employees.
81_R HB 3690 (read bill) Jackson R-Carrollton DEAD: Referred to House Ways & Means, March 19 business-related oppose 1 Relating to the imposition of the sales and use tax. Amends Tax Code. Repeals Tax Code 151.319, Newspapers and Property Used in Newspaper Publications. See repealer, lines 19 and 20 on p.3.
81_R HB 3886 (read bill) Vaught D-Dallas DEAD: Reported favorably, House Criminal Jurisprudence, April 24 public information monitor 3 Relating to the release of an affidavit presented to a magistrate in support of the issuance of an arrest warrant. Would amend Code of Criminal Procedure Art. 15.26, AUTHORITY TO MAKE ARREST MUST BE MADE KNOWN. Says "If the affidavit was presented in support of an arrest warrant for more than one person, the magistrate’s clerk shall make the affidavit available for public inspection in the clerk’s office during normal business hours immediately after the execution of all warrants for which the affidavit was presented in support."
81_R HB 3903 (read bill) Ortiz Jr. D-Corpus Christi DEAD: Withdrawn from May 12 House Local Calendar public notice support 2 Relating to county contracts with private entities for jail facilities. Would amend Local Government Code Sec. 351.101, AUTHORITY TO CONTRACT, re: the commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization. Says "(c) Before entering into a contract under this section, the commissioners court shall hold a public hearing in each commissioners precinct to allow the public to make comments regarding the proposed contract. Not later than the 30th day before the date of a hearing, the commissioners court shall publish notice of the time and place of the hearing in a newspaper of general circulation in the county. Also would add Sec. 351.106, OPEN RECORDS. Says "Information collected, assembled, or maintained by a private entity that is not a governmental body in connection with the operation, maintenance, repair or construction of a detention facility or related facility operated under contract with the county under this subchapter is subject to Chapter 552, Government Code, in the same manner as information collected, assembled, or maintained by a governmental body, but only if the information is related to the operation, maintenance, repair, or construction of the facility."
81_R HB 3904 (read bill) Paxton R-McKinney DEAD: Referred to House State Affairs, March 23 public information monitor 3 Relating to personal confidential information accessed by an employee of a state governmental body. See Sec. 559.011 on p.2: "The attorney general shall adopt rules for use by each state governmental body to control access to personal confidential information collected or maintained by that state governmental body." See Sec. 559.012, DIRECTOR OF PRIVACY, on p.3: "Each state governmental body shall designate an employee as the director of privacy." See Sec. 559.014, PROTECTION OF INFORMATION, on p.5: "Each state governmental body shall require passwords to access personal confidential information that is maintained in an electronic format."
81_R HB 3919 (read bill) Pena D-Edinburg PASSED: Similar bill, HB 670 signed by Governor May 13, effective immediately Free Flow support 1 Relating to a qualified privilege of a journalist not to testify in an administrative, executive, legislative, or civil judicial proceeding. [Similar bills: HB 670 by Martinez-Fischer; SB 915 by Ellis and Duncan; and HB 1885, also by Pena] Would amend Civil Practice and Remedies Code by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE IN ADMINISTRATIVE, EXECUTIVE, LEGISLATIVE, OR CIVIL JUDICIAL PROCEEDINGS. See Sec. 22.022, PURPOSE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and protect the right of the public to effective law enforcement and the fair administration of justice.
81_R HB 3928 (read bill) Guillen D-Rio Grande City DEAD: Left pending, House Defense & Veterans Affairs, April 8 public notice support 2 Relating to proof of ownership of homestead property after a disaster. Would amend Government Code by adding Sec. 418.198, PROOF OF OWNERSHIP OF HOMESTEAD. Public notice requirement pp. 2-3.
81_R HB 3943 (read bill) Howard R-Sugar Land DEAD: Reported as substituted, House State Affairs, May 11 public notice oppose 1 Relating to the requirement to post notice of the subject of a meeting under the open meetings law as the requirement relates to reports about items of community interest at a city council meeting. Would amend Open Meetings Act by adding Government Code Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE TAKEN. Says a quorum of the governing body of a municipality may receive from municipal staff and a member of the governing body may make a report about items of community interest during a meeting of the governing body without having given notice of the subject of the report as required by this subchapter if no action is taken and, except as provided by Section 551.042, possible action is not discussed regarding the information provided in the report.
81_R HB 4034 (read bill) McCall R-Plano DEAD: Left pending, House Ways & Means, May 4 public information support 2 Relating to the publication by an appraisal district on the district’s Internet website of certain information regarding real property appraised by the district. Would amend Tax Code. See Sec. 25.028, PUBLICATION ON INTERNET OF INFORMATION REGARDING PROPERTY CATEGORIES. Applies only to an appraisal district that: (1) owns, operates, or controls an Internet website; and (2) publishes on the website information from the most recently approved appraisal roll that: (A) includes a description of each parcel of real property included in the appraisal roll and the appraised value of the property; and (B) is searchable according to the account number of the property, the physical address of the property or the name of the owner of the property. Says "(b) The information published on the website must also include: (1) a description of each category to which the appraisal district assigns real property for the purpose of appraising property for taxation; and (2) the category of each parcel of real property included in the appraisal roll.
81_R HB 4037 (read bill) Merritt R-Longview DEAD: Referred to Senate Criminal Justice, May 13 public information oppose 2 Relating to the confidentiality of information related to certified handgun instructors. Would allow DPS to release a list of certified handgun instructors that includes the instructor’s name, phone number, email, and website address and make that information available to the public on the DPS website on or before June 1, 2010. See paragraph (e) allowing an instructor on the list to opt out of the release of their information.
81_R HB 4074 (read bill) Chavez D-El Paso DEAD: Referred to House State Affairs, March 23 public notice monitor 3 Relating to the requirement that governmental public notices be published in Spanish-language newspapers. Would amend Government Code by adding Chapter 561, PUBLICATION OF PUBLIC NOTICES IN SPANISH-LANGUAGE NEWSPAPER. Sets requirements for political subdivisions, counties and state agencies, depending on percentage of population of Hispanic origin or the presence of a Spanish language newspaper in the district.
81_R HB 4108 (read bill) Martinez-Fischer D-San Antonio DEAD: Set on May 14 House Calendar for Second Reading public information monitor 3 Relating to a central database containing information about certain offenders who have committed offenses involving family violence against a child. Would create a public database containing information about family violence offenders. Allows certain offenders to petition a court for expunction of information posted to the website.
81_R HB 4111 (read bill) Martinez-Fischer D-San Antonio DEAD: Set on May 14 House Calendar for Second Reading public notice support 2 Relating to public notice requirements and other provisions applicable to the board of trustees of a school district proposing to close a district campus. Requires public meetings on proposal to close campus. Also, see paragraph (c), "The district must make the closure plan required by Subsection (b) available to the public through the Internet and by other appropriate means for persons without Internet access.
81_R HB 4134 (read bill) Anchia D-Dallas DEAD: Referred to House State Affairs, March 24 public information oppose 1 Relating to the exception from required public disclosure of certain personal information of public employees and public officials. [Same as SB 280 by Nelson] Would amend Public Information Act, Government Code Sec. 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Changes current law by deleting employee opt-out option, so that personal information is automatically confidential. Would apply to an employee, official, former employee or former official of the governmental body.
81_R HB 4135 (read bill) Turner D-Houston DEAD: Referred to House Criminal Jurisprudence, March 24 public information oppose 1 Relating to the right to an expunction of records and files relating to a person's arrest. [Same as SB 1454 by West] Would amend Code of Criminal Procedure Art. 55.01(a), entitling a person to have all records and files relating to an arrest expunged if prosecution is no longer possible because: (A) the limitations period has expired; or (B) double jeopardy has attached.
81_R HB 4140 (read bill) Homer D-Paris DEAD: Reported as substituted, House State Affairs, May 7 public information oppose 1 Relating to a bulk data request for information under the public information law. Would amend Public Information Act, Government Code Sec. 552.003, by adding paragraph (7), which says "Bulk data request" means a request for copies of public information that would involve producing copies of 100 pages or more in response. Also, would add Sec. 552.228, which says a governmental body is not required to produce: (1) information in response to a bulk data request in any medium other than that in which the information is maintained; or (2) a document responsive to a bulk data request in the requested format if the public information is maintained in the same medium as the medium requested by the requestor. Also would add Sec. 552.261 (e), which says "Notwithstanding any other provision of this chapter, a governmental body may charge an amount not to exceed 20 cents per page in providing a copy of information subject to a bulk data request."
81_R HB 4143 (read bill) Gallego D-Alpine DEAD: Reported favorably, House Public Safety, April 24 public information monitor 3 Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program. [Same as SB 1909 by Hinojosa] Would amend Code of Criminal Procedure Art. 38 by adding DNA LABORATORY AUDIT PROGRAM. The commission would establish a DNA laboratory audit program to conduct periodic unannounced audits of DNA laboratories in Texas. See paragraph (c) requiring the commission to prepare a written report summarizing each audit and specifying whether the laboratory must take any corrective action. See paragraph (e) requiring the commission to make the reports available to the public.
81_R HB 4147 (read bill) Rose D-Dripping Springs PASSED: Companion bill SB 1629 signed by Gov. June 19, effective Sept. 1, 2009 public information support 1 Relating to persons exempted from required prepayment of personnel costs incurred by governmental body in responding to requests from a requestor under the public information law that require large amounts of personnel time. [Same as SB 1629 by Wentworth] Would exempt from prepayment requirement "a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public."
81_R HB 4175 (read bill) Bolton D-Austin DEAD: Reported as substituted, House Land & Resource Management, May 7 public notice support 2 Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans. Would amend Local Government Code by adding Sec. 236.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. See p.3 paragraph (a): "A buffer zone regulation under this chapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county.
81_R HB 4191 (read bill) Rose D-Dripping Springs DEAD: Referred to House Public Education, March 24 public information support 1 Relating to required public notice of names of and requirement that a school district of a certain size interview a certain number of finalists for the position of superintendent of a public school district. [Compare with SB 503 by Eltife] Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. See new language, starting with paragraph (b): "At least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of an applicant for the position of superintendent of a public school district, the board of trustees must give public notice of: (1) in districts larger in size than a small or mid-sized district as defined by section 42.103 of the Texas Education Code, the names of at least three finalists being considered for the position, if the board of trustees interviewed three people or more during the final round of interviews for the position; or (2) the name or names of all the finalists being considered for the position, if the board of trustees interviewed not more than two people during the final round of interviews for the position. (c) For purposes of this section, a person is a finalist for the position of superintendent of a public school district if the board of trustees interviewed the person during the final round of interviews for the position."
81_R HB 4207 (read bill) Giddings D-DeSoto DEAD: No action, May 14 House Calendar for Second Reading public information oppose 1 Relating to the disclosure of personally identifiable information under the public information law. [Same as SB 1912 by Duncan] Would amend Public Information Act, Government Code by adding Sec. 552.150, EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF GOVERNMENTAL BODIES, under which the date of birth of a current or former official or employee of a governmental body is exempt from disclosure, and a governmental body may redact the date of birth of a current or former official or employee of a governmental body from any information the governmental body discloses without the necessity of requesting a decision from the attorney general. Also would add Sec. 552.372, STUDY OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY STATE GOVERNMENTAL BODIES, requiring the comptroller to calculate the amount and types of personally identifiable information collected by each state governmental body, including name, SSN, DOB, location of birth, mother’s maiden name, biometric records, medical information, educational information, financial information and employment information.
81_R HB 4262 (read bill) Rodriguez D-Austin DEAD: Left pending, House Land & Resource Management, April 8 public notice support 2 Relating to authorizing municipalities and counties to regulate land development in certain unincorporated areas. [Same as SB 2202 by Wentworth] Would amend Local Government Code. See p.4, Sec. 242.053, JOINT PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES, requiring publication of a public notice of a public hearing.
81_R HB 4286 (read bill) Hunter R-Corpus Christi DEAD: Reported as substituted, House Environmental Regulation, April 21 public notice oppose 1 Relating to the disposal of sewage by boats. Would amend Water Code chapter 26. At bottom of p.2 and top of p.3, strike-throughs deleting language that currently requires the Texas Commission on Environmental Quality to provide for publication of notice of each rule issued under this section in at least one newspaper of general circulation in each county of the state.
81_R HB 4291 (read bill) Smithee R-Amarillo PASSED: Signed by Governor, June 19, effective immediately public information oppose 1 Relating to insurance charters and certificates of authority. See p.8 line 15, strikethrough language that in current law requires incorporators who request a public hearing on denial of their charter application to publish at their own expense a copy of the notice in a newspaper of general circulation in the county in which the mutual life insurance company’s home office is proposed to be located. Also, at the top of p.11, see strikethrough language deleting a public notice in newspaper requirement.
81_R HB 4292 (read bill) Branch R-Dallas PASSED: Companion bill SB 1081 signed by Gov. June 19, effective immediately public information monitor 3 Relating to access to criminal history record information by the office of the attorney general. [Same as SB 1081 by Huffman] Would amend Government Code by adding Sec. 411.1271, ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF THE ATTORNEY GENERAL. Says criminal history record information obtained from other governmental agencies by the office of the attorney general may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information, and, AG's office shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
81_R HB 4306 (read bill) Kuempel R-Seguin DEAD: Referred to House Culture, Recreation & Tourism, March 24 public notice support 2 Relating to authorizing the creation of a residential recreation district in certain counties. Would amend Local Government Code by adding Chapter 375A, RESIDENTIAL RECREATION DISTRICTS. See p.17 line 11, Sec. 375A.114, NOTICE OF HEARING. (a) Notice of hearing, on proposed improvement project or services, shall be given in a newspaper with general circulation in the county in which the district is located. The final publication must be made not later than the 30th day before the date of the hearing. The notice must include time and place of the hearing, general nature of the proposed improvement project or services, estimated cost of the improvement including interest during construction and proposed method of assessment.
81_R HB 4326 (read bill) Strama D-Austin DEAD: Referred to House State Affairs, March 24 public information support 2 Relating to the online availability of state agency reports required by law. [Same as SB 1270 by Shapleigh] Would amend Government Code Sec. 441.104, DUTIES OF TEXAS STATE LIBRARY, by requiring the State Library to establish and maintain an index of all current state agency reports required by law and provide electronic access to both the index and the text of the reports through a link on the home page of the Texas Records and Information Locator (TRAIL).
81_R HB 4489 (read bill) Eiland D-Galveston DEAD: Left pending, House State Affairs, May 6 public information monitor 3 Relating to certain contracts by certain governmental entities. Would repeal Government Code Sec. 403.0305. The repeal would kill the current requirement that contracts be made only after review/approval of the state comptroller.
81_R HB 4493 (read bill) Eiland D-Galveston PASSED: Signed by Governor, June 19, effective immediately public notice monitor 3 Relating to contracts awarded through competitive bidding by certain port and harbor facilities. Would amend Transportation Code Sec. 54.054, COMPETITIVE BIDDING. Says "Except as otherwise provided by this chapter, the board may award a contract involving the expenditure of funds in excess of the amount applicable to an expenditure of funds by a municipality under Section 252.021(a), Local Government Code, only by competitive bidding."
81_R HB 4532 (read bill) Chavez D-El Paso DEAD: Recommended for House Local and Consent Calendar, May 11 public information support 2 Relating to reports regarding the provision of emergency ground ambulance services in counties. [Same as SB 2081 by Uresti] Would amend Health & Safety Code by adding Sec. 774.005, COUNTY SELF-ASSESSMENT OF PROVISION OF EMERGENCY GROUND AMBULANCE SERVICES. See p.2 paragraph (e), requiring each county to publish a report on the availability of emergency ground ambulance services within the county. The county shall make the report available on the county’s Internet website and annually publish a summary of the report, together with the address of the website containing the report, in a newspaper of general circulation in the county. If the county does not operate a website, the county shall publish the report annually in a newspaper of general circulation in the county.
81_R HB 4578 (read bill) Martinez D-Weslaco DEAD: Set on May 14 House Calendar for Second Reading public notice support 2 Relating to the establishment of the official citrus producers’ pest and disease management corporation. [Same as SB 1779 by Hinojosa] See p.9 line 4 and p.25 line 27, new required public notices.
81_R HB 4604 (read bill) Vaught D-Dallas DEAD: Referred to House Criminal Jurisprudence, March 26 public information monitor 3 Relating to the interception of wire, oral, or electronic communications. [Same as SB 385 by Carona] Would amend Code of Criminal Procedure Art. 18.20 by adding Section 9A, INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON. New criteria for surveillance. The question is, does the interception order become public information after the investigation has been completed?
81_R HJR 23 (read bill) Naishtat D-Austin DEAD: Referred to House State Affairs, March 2 public information support 1 A constitutional amendment to require that a record vote be taken by a house of the legislature on second reading of a bill or resolution for which a record vote is currently required on final passage and on adoption. Another step toward legislative transparency.
81_R SB 3 (read bill) Shapiro R-Plano PASSED: Companion bill HB 3 signed by Governor June 19, effective immediately public notice support 2 Relating to public school accountability, curriculum, promotion requirements. [Same as HB 3 by Eissler] Would amend Education Code. On p.85, publication of performance report, and p.86, paragraph (c) are requirements for public notice of hearing for public discussion of the report. Notice of hearing must be published in a newspaper of general circulation in the district.
81_R SB 35 (read bill) Zaffirini D-Laredo DEAD: Left pending, Senate Health & Human Services, April 16 open meetings monitor 3 Relating to mortality review for certain individuals who are developmentally disabled. Would amend Human Resources Code Chapter 161 by adding Subchapter F, Mortality Review for Certain Individuals Who Are Developmentally Disabled. Sec. 161.204 would make meetings of mortality review team not subject to Open Meetings Act. Sec. 161.207 would make information and records acquired by mortality review team not subject to Public Information Act.
81_R SB 68 (read bill) Nelson R-Lewisville PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public notice oppose 1 Relating to licensing and inspection requirements of the Department of Family and Protective Services for certain facilities and homes providing child care. SECTION 12 of the bill would amend Human Resources Code Sec. 42.077, so that if DFPS revokes or suspends a facility’s license or a family home’s listing or registration, the DFPS shall publish notice of this action: (1) in a newspaper of general circulation in the county in which the facility or family home is located; "OR" (2) on the DFPS Internet website along with other information regarding child-care services. The word "OR" in paragraph (1) makes public notice in a printed newspaper optional.
81_R SB 94 (read bill) Van de Putte D-San Antonio DEAD: Referred to Senate Criminal Justice, Feb. 10 public information oppose 1 Relating to restrictions on the use of a stun gun; providing certain criminal penalties and defenses to prosecution for persons who obtain a stun gun license. Would amend Penal Code Sec. 46, Weapons, by adding stun gun to list of regulated weapons, and creates licensing requirements. Also would amend Government Code Sec. 411, Department of Public Safety of the State of Texas, by adding Subchapter H-1, License to Carry a Stun Gun. See 411.225, confidentiality of records.
81_R SB 124 (read bill) Ellis D-Houston DEAD: Referred to Senate Natural Resources, Feb. 10 public notice support 2 Relating to applications for permits issued by the Texas Commission on Environmental Quality for new or expanded facilities in certain low-income and minority communities. Would amend Health and Safety Code by adding Chapter 428, Environmental Justice Communities. requirements requiring published notice of public hearings. See Sec. 428.005, requiring publication of notice of public hearing.
81_R SB 166 (read bill) Ellis D-Houston DEAD: Referred to Senate Criminal Justice, Feb. 10 open meetings monitor 3 Relating to hearings by the Board of Pardons and Paroles regarding clemency matters. [Same as HB 1149 by Thompson] Would amend Open Meetings Act, Government Code Sec. 551.124, BOARD OF PARDONS AND PAROLES. Would allow hearings to be held by videoconference and releases Board of Pardons and Paroles from requirement that the body specify an intent to have a quorum or a majority of a quorum physically present at a hearing location.
81_R SB 253 (read bill) Estes R-Wichita Falls DEAD: Referred to Senate Intergovernmental Relations, Feb. 11 public notice oppose 1 Relating to the amount of a county expenditure for which competitive bidding is required. [Same as HB 78 by Flynn, HB 117 by Heflin and HB 2573 by Gonzalez-Toureilles] Would amend Local Government Code Sec. 262 (Purchasing and Contracting Authority of Counties), 271 (Purchasing and Contracting Authority of Municipalities) and 363 (Crime Control and Prevention Districts) by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000.
81_R SB 270 (read bill) Harris R-Arlington DEAD: Not heard, Senate Education, Feb. 24 public information monitor 3 Relating to the reporting of income-producing contracts or programs entered into or operated by school districts. Would amend Education Code by adding Sec. 44.013 requiring public notice of income-producing contracts to be published in a newspaper.
81_R SB 280 (read bill) Nelson R-Flower Mound DEAD: Referred to Senate State Affairs, Feb. 11 public information oppose 1 Relating to the exception from required public disclosure of certain personal information of public employees and public officials. [Same as HB 4134 by Anchia] Would amend Public Information Act, Government Code Sec. 552.024, by adding date of birth and work schedule to list of government employees' confidential personal information.
81_R SB 281 (read bill) Nelson R-Flower Mound PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information oppose 1 Relating to the confidentiality of the home address information of the spouses of certain federal judges and certain state judges. Would amend Election Code Sec. 13 & 15, Election Code Sec. 18, and Tax Code Sec. 25 to allow spouse of state or federal judge or judicial candidate the option to keep his/her name and personal information off of a voter registration list. Voter registration list information currently is public information.
81_R SB 296 (read bill) West D-Dallas Uresti D-San Antonio Hegar R-Katy DEAD: Left pending, Senate Health & Human Services, April 30 public information support 2 Relating to the disclosure of certain payments or other transfers of value by manufacturers of prescription drugs, medical devices and medical supplies. Would amend Health & Safety Code by adding Chapter 174. See 174.053, requiring the attorney general to make data reported by these companies available to the public and to publish the information, too.
81_R SB 304 (read bill) Shapleigh D-El Paso DEAD: Referred to Senate State Affairs, Feb. 11 public information monitor 3 Relating to information obtained under the public information law for legislative purposes that indicates a crime has been committed by a governmental body or a governmental officer or employee. Would amend the Public Information Act, Government Code 552.008 ["Information for Legislative Purposes"] by adding subsection (d), language prohibiting governmental bodies from requiring an officer or employee to sign a confidentiality agreement.
81_R SB 321 (read bill) Shapleigh D-El Paso DEAD: Referred to Senate State Affairs, Feb. 11 public information support 2 Relating to the filing and posting on the Internet of reports of political contributions and expenditures required in connection with the office of member of the board of trustees of a school district. Would amend Election Code by adding 254.04011, requiring campaign finance reports to be posted on the internet and accessible to the public. Posting must be done within five days of filing.
81_R SB 331 (read bill) Carona R-Dallas DEAD: Set on May 26 House Calendar for Second Reading public information monitor 3 Relating to access to certain information under the public information law concerning public officers and employees. [Same as HB 1383 by Davis of Dallas] Would amend Public Information Act, Government Code 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Replaces current opt-out language with language that makes public officers' and employees' personal information automatically confidential. Also would add a new exception, Sec. 552.150, INFORMATION THAT COULD COMPROMISE SAFETY OF PUBLIC OFFICER OR EMPLOYEE.
81_R SB 375 (read bill) Carona R-Dallas PASSED: Signed by Governor May 19, effective immediately public information support 2 Relating to the release of motor vehicle accident report information. [Same as HB 1826 by Todd Smith] Would amend Transportation Code 550.065, MOTOR VEHICLE ACCIDENT REPORTS. Authorizes TxDOT discretion to make statistical information derived from the Crash Records Information System [CRIS] database available to the public.
81_R SB 385 (read bill) Carona R-Dallas DEAD: Withdrawn from May 28 House Local Calendar public information monitor 3 Relating to the interception of wire, oral, or electronic communications. [Same as HB 4604 by Vaught] Would amend Code of Criminal Procedure Art. 18.20 by adding Section 9A, INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON. New criteria for surveillance. The question is, does the interception order become public information after the investigation has been completed.
81_R SB 388 (read bill) Carona R-Dallas DEAD: Set on May 26 House Calendar for Second Reading public information monitor 3 Relating to the creation of the law enforcement integrity unit in the Department of Public Safety. Would amend Government Code by adding Section 411.0207, LAW ENFORCEMENT INTEGRITY UNIT, a new unit within the DPS "to assist in the enforcement of laws relating to law enforcement corruption." Paragraph (c) says "information disclosed under this subsection is confidential and not subject to disclosure under Chapter 552."
81_R SB 429 (read bill) West D-Dallas DEAD: Referred to Senate Intergovernmental Relations, Feb. 17 public notice monitor 3 Relating to the operation of property owners’ associations. Would amend Property Code. See new language, Sec. 209.0091, JUDICIAL FORECLOSURE REQUIRED, which says (a) Except as provided by Subsection (b), a property owners’ association may not foreclose a property owners’ association’s assessment lien unless the association first obtains a court judgment foreclosing the lien and providing for issuance of an order of sale. Staff will work with author to seek inclusion of public notice in newspaper.
81_R SB 439 (read bill) Ellis D-Houston DEAD: Referred to Senate Business & Commerce, Feb. 17 public notice monitor 3 Relating to a mortgage servicer’s notice of sale to a debtor and the debtor’s subsequent notice to tenant. [Same as HB 421 by Dukes] SECTION 3 of the bill would amend Property Code by adding Sec. 51.0022, NOTICE OF SALE TO TENANT. Would extend notice time from 21 days to 60 days. Says that not later than the seventh day after the date a debtor receives a notice of sale of the property, the debtor shall serve a copy of the notice on each tenant of the property by any one of the following (1) personal delivery to the tenant; (2) certified mail, return receipt requested, to the tenant; or (3) leaving the notice inside the dwelling. Staff will work with author to seek inclusion of public notice via newspaper.
81_R SB 444 (read bill) Wentworth R-San Antonio DEAD: Referred to Senate Intergovernmental Relations, Feb. 17 public information support 1 Relating to mandatory sales price disclosure in real property sales. Would amend Property Code by adding Sec. 12.0012, MANDATORY SALES PRICE DISCLOSURE. Says, "A person may not file for record or have recorded in the county clerk’s office an instrument conveying real property under a contract for sale unless the instrument discloses the sales price of the property." Compare with HB 133 by Villarreal, a similarly titled bill but with many exceptions to disclosure.
81_R SB 456 (read bill) Gallegos D-Galena Park DEAD: Left pending, Senate Natural Resources, May 12 public information support 2 Relating to the regulation of toxic hotspots under the Texas Clean Air Act. Would amend Health and Safety Code chapter 382 by adding Subchapter J, TOXIC HOTSPOT PILOT PROGRAM. Includes provisions for public access to information and public hearings.
81_R SB 459 (read bill) Gallegos D-Galena Park DEAD: Referred to Senate Natural Resources, Feb. 17 public information support 3 Relating to disclosure by the Texas Commission on Environmental Quality of information related to emissions events. [Same as HB 1525 by Alvarado] Would amend Health and Safety Code chapter 382 by requiring the TCEQ to produce and disseminate reports on toxic emissions events.
81_R SB 460 (read bill) Gallegos D-Galena Park DEAD: Left pending, Senate State Affairs, April 16 public information oppose 1 Relating to access to information regarding a firefighter or police officer under the municipal civil service law. Would amend Local Government Code chapter 143, Municipal Civil Service for Firefighters and Police Officers, by making personnel hearing information confidential under the Public Information Act and not subject to discovery.
81_R SB 472 (read bill) Estes R-Wichita Falls Van de Putte D-San Antonio DEAD: [See bracketed note, below] public notice monitor 3 Relating to notice required before and period to vacate after foreclosure sale of real property. Would amend Property Code regarding notice of foreclosure, reflecting attorney general's recommendation that the Legislature extend to 45 days the current 20-day time period during which a debtor may cure a loan default to avoid a foreclosure sale. The bill lacks a needed transparency-enhancing provision for public notice of foreclosure to be published in a newspaper of general circulation. [House sponsor Rep. Joe Deshotel, D-Beaumont.] House conferees appointed May 29: Deshotel-chair, Thibaut, Solomons, Hopson, Darby. [05-31-09 Laid out for consideration in the House at 11:33 p.m.; objection to consideration prior to time for consideration. Eligible after midnight, which was after deadline for consideration of conference reports in the House.]
81_R SB 478 (read bill) Carona R-Dallas DEAD: Referred to House Judiciary & Civil Jurisprudence, April 14 public information monitor 3 Relating to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship. [Same as HB 914 by Dutton] Would amend Family Code by adding Section 6.712, PERSONAL INFORMATION IN DECREE. Personal information includes an individual’s social security number, bank account number and similar financial information; and the name and birth date of each child. Also requires creation of a "confidential data page."
81_R SB 503 (read bill) Eltife R-Tyler DEAD: Referred to House Public Education, March 31 public information support 1 Relating to the required public notice of the name of each finalist for the position of superintendent of a public school district. Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. See paragraph (b): "... a person is a finalist for the position of superintendent of a public school district if the board of trustees interviewed the person during the final round of interviews for the position." [Senate passed on March 19 by a vote of 29 YEAS 0 NAYS.]
81_R SB 609 (read bill) Shapleigh D-El Paso DEAD: Referred to Senate Business & Commerce, Feb. 23 public notice monitor 3 Relating to the foreclosure of a contract lien on certain residential real property. Would amend Government Code by adding Sec. 402.035, RESIDENTIAL PROPERTY FORECLOSURE NOTICE. Says "(a) The attorney general shall adopt a model form for a notice of default required under Section 51.002(d), Property Code." Lacks transparency provision requiring foreclosure notice by publication in newspaper.
81_R SB 612 (read bill) Shapleigh D-El Paso DEAD: Placed on May 1 Senate Intent Calendar public information oppose 2 Relating to the powers and duties of the Texas Department of Transportation related to rail facilities. Would amend Transportation Code. On p.10, paragraph (e), a system security plan is confidential and not subject to disclosure, inspection or copying under the Public Information Act.
81_R SB 624 (read bill) West D-Dallas PASSED: Companion bill HB 987 sent to Governor June 3 public notice oppose 1 Relating to competitive procurement and change order requirements for local governments. [Same as HB 987 by Creighton] Amends Education Code to increase threshold requirement for competitive bidding to $50,000.
81_R SB 626 (read bill) Carona R-Dallas DEAD: Referred to House Transportation, May 7 public notice support 2 Relating to the creation, organization, governance, duties and functions of the Texas Department of Vehicles. [Same as HB 3278 by Phillips] See p.14, Sec. 1003.005, NEWSPAPER PUBLICATION. "Except as otherwise provided by law, a notice or other matter that this code or other law requires the board or the department to publish must be published for three successive weeks in two newspapers that: (1) are printed in this state; and (2) have a general circulation in this state."
81_R SB 636 (read bill) Seliger R-Amarillo PASSED: Signed by Governor, June 19, effective immediately public information monitor 3 Relating to the authority of a county to receive local sales tax information. Would amend Tax Code by adding Sec. 323.3022, TAX INFORMATION. Contains Public Information Act and Open Meetings Act exceptions. See paragraph (f), which says, "information received by a county under this section is confidential, is not open to public inspection, and may be used only for the purpose of economic forecasting." And, see paragraph (i), which says, "notwithstanding Chapter 551, Government Code, the commissioners court of a county is not required to confer with one or more employees or a third party in an open meeting to receive information or question the employees or third party regarding the information received by the county under this section." [The LAC originally took a 1-oppose position on this bill, but Seliger's staff pointed out that Tax Code Sec. 111.006, re confidentiality of information in collection procedures, makes the information contemplated in the bill confidential and not to be used publicly, opened to public inspection, or disclosed except as permitted.
81_R SB 656 (read bill) Fraser R- Horseshoe Bay DEAD: Left pending, Senate Natural Resources, March 26 public notice support 2 Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well. Would amend Water Code Sec. 27.034. Requires applicant to publish notice in a newspaper having the largest circulation in the county in which the well is proposed to be located.
81_R SB 664 (read bill) Gallegos D-Galena Park DEAD: Placed on April 30 Senate Intent Calendar public information monitor 3 Relating to the establishment and operation of a public building mapping information system by the Texas Facilities Commission. Would amend Government Code. See Sec. 2152.159, EXCEPTION FROM PUBLIC INFORMATION LAW, which says "Information received and maintained by the commission under this subchapter is excepted from required disclosure under the public information law, Chapter 552."
81_R SB 671 (read bill) Shapleigh D-El Paso PASSED: Signed by Governor, effective Sept. 1, 2010 public information monitor 3 Relating to information requested by a member, committee, or agency of the legislature under the public information law. Would amend the Public Information Act, Government Code 552, by adding three paragraphs to 552.008, INFORMATION FOR LEGISLATIVE PURPOSES. See paragraph (b-1), requiring members to sign a confidentiality agreement.
81_R SB 695 (read bill) Ellis D-Houston DEAD: Left pending, Senate State Affairs, March 26 public information monitor 3 Relating to public access to personal financial statements filed by candidates for and holders of state office and state chairs of political parties. Would amend Government Code by speeding up the Internet posting requirement. The bill also contains language that would require the removal of financial statement information after the second anniversary date the individual ceases to be a state officer.
81_R SB 704 (read bill) Nelson R-Flower Mound PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information oppose 1 Relating to disclosure of the prices charged to state agencies in connection with pharmacy benefit manager services. [Same as HB 2381 by Kolkhorst] See Sec. 2158.403, CONFIDENTIALITY, which says, "The information received by a state agency under Section 2158.402 is confidential and may not be disclosed to a person outside of the state agency and its agents." Prices charged to state agencies should remain public information, in the interest of transparency and the public's right to know.
81_R SB 780 (read bill) Watson D-Austin et al. DEAD: Placed on May 19 Senate Intent Calendar public information support 1 Relating to disclosure of the individual vote of each member of the Texas Supreme Court on a petition for review. Would amend Government Code by adding Sec. 22.0071, DISCLOSURE OF INDIVIDUAL VOTES OF MEMBERS. New language says, "In an order granting, refusing, dismissing, or denying a petition for review, the supreme court shall state how each member voted on the petition or application." In March 18 hearing, Watson said it takes the yes votes of four justices for a petition to be approved for hearing, and less than 15 percent of petitions are approved. Watson said that to make these votes public would increase public confidence in the court.
81_R SB 811 (read bill) Duncan R-Lubbock PASSED: Signed by Governor May 19, effective immediately public notice support 2 Relating to authorizing the board of regents of the Texas Tech University System to transfer the San Angelo Museum of Fine Arts to a nonprofit organization to operate the museum. [Same as HB 1266 by Darby] Would amend Education Code by adding Section 109A.005, AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF FINE ARTS. Would require the board of regents to conduct a public meeting regarding the transfer, and would require public notice of the meeting to be published in a newspaper.
81_R SB 835 (read bill) Hinojosa D-McAllen PASSED: Signed by Governor June 19, Sept. 1, 2009 public notice oppose 2 Relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside. [Same as HB 2605 by Hunter] See paragraph (d) which says, "Notwithstanding any other law, and subject to the terms of this subsection, the authority may sell or lease surplus property with or without public bidding." As surplus property has value and was purchased with tax dollars, public bidding should be required.
81_R SB 857 (read bill) West D-Dallas DEAD: Reported as substituted, House Higher Education, May 22 public notice monitor 3 Relating to the purchasing and contracting practices of junior college districts. Would amend certain public notice requirements in Education Code. See p.12 paragraph (b), language allowing one-time public notice by newspaper if notice also is placed on the Internet.
81_R SB 882 (read bill) Carona R-Dallas PASSED: Signed by Governor June 19, effective immediately public information oppose 1 Relating to the powers and duties of a regional tollway authority, including the establishment of an administrative adjudication hearing procedure. [Same as HB 2334 by Geren] Would amend the Public Information Act, Government Code Chapter 552 in two places: SECTION 9, amending Government Code Sec. 552.116(a), adds toll road authorities’ audit working papers to list of governmental bodies’ audit working papers not subject to disclosure. SECTION 10 would amend the Public Information Act, Sec. 552.116(b)(1), so definition of audit includes "a resolution or other action of a joint board or the governing board of a toll project entity described by Subsection (a) and includes an investigation."
81_R SB 915 (read bill) Ellis D-Houston PASSED: Companion bill HB 670 signed by Governor May 13, effective immediately Free Flow support 1 Related to a journalist's qualified privilege not to testify. [Same as HB 670 by Martinez-Fischer] Would amend Civil Practice and Remedies Code chapter 22 by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice.
81_R SB 920 (read bill) Harris R-Arlington DEAD: Not again placed on Senate Intent Calendar, April 27 public information oppose 1 Relating to the right to an expunction of records and files relating to a person's arrest. [Same as HB 3481 by Veasey] Would amend Code of Criminal Procedure Art. 55 by allowing expunction of a criminal record if an indictment or information charging the person with commission of a felony was dismissed or quashed under certain conditions. Expunction of criminal record information destroys patterns that later may be discernable, e.g., malicious prosecution, inadequate defense, wrongful conviction.
81_R SB 921 (read bill) Fraser R-Marble Falls DEAD: Set on May 26 House Calendar for Second Reading public information support 2 Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. [Same as HB 1390 by Rose] Would amend Utilities Code in various ways to increase transparency of electric co-ops by adding open meetings and public information requirements.
81_R SB 974 (read bill) Carona R-Dallas PASSED: Companion bill HB 1411 signed by Governor May 27, effective immediately public information oppose 1 Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying. [Same as HB 1411 by Jones of Lubbock] Would amend Occupations Code Sec. 1071.204(e), RECORDS OF COMPLAINTS, so that "For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the board or by its employees or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure." Current language says "A frivolous complaint is public information, except that the license holder's name and other personal information shall be redacted."
81_R SB 979 (read bill) Lucio Jr. D-Brownsville DEAD: Referred to Senate Business & Commerce, March 9 public notice monitor 3 Relating to foreclosure sales of residential real property. Would amend Goverment Code by adding Sec. 402.035, RESIDENTIAL PROPERTY FORECLOSURE NOTICE. Includes 21-day notice requirement. Does not include provisions for newspaper notice.
81_R SB 980 (read bill) Lucio Jr. D-Brownsville DEAD: Referred to Senate Business & Commerce, March 9 public information monitor 3 Relating to reporting of certain information regarding foreclosure sales of residential real property. [Same as HB 2309 by Davis of Dallas] See p.2 paragraph (d): "The county clerk shall submit the data collected under Section 51.0023, Property Code, to the department monthly. The department shall make the data submitted available to the public on the department's Internet website." And, see p.3 under paragraph (e): "The department shall make the report required under this subsection available to the public on the department's Internet website."
81_R SB 1007 (read bill) Hegar R-Katy DEAD: Died on House floor point of order, May 23 public information monitor 3 Relating to the continuation and operation of the Texas Department of Insurance and the operation of certain insurance programs. [HB 1007 same as HB 2203 by Isett] Would amend Insurance Code so audits, final reports and preliminary reports would be confidential and not subject to the Public Information Act. May 23: One-hour notice to bring up out of its regular order was intended by Rep. Dunnam, however, the bill number was misstated and a point of order was sustained.
81_R SB 1015 (read bill) Hegar R-Katy DEAD: Referred to Senate Business & Commerce, March 13 public information oppose 1 Relating to continuation and functions of the Texas Residential Construction Commission. [Same as HB 2295 by McClendon] Would amend Property Code regarding dispute resolution information. Allows removal of final reports on dispute resolution from the commission's website. See SECTION 18, paragraph (h), which says "A final report removed by the commission under Subsection (g) is not public information subject to disclosure under Chapter 552, Government Code."
81_R SB 1019 (read bill) Hegar R-Katy DEAD: Left pending, Senate Transportation & Homeland Security, April 22 public notice oppose 1 Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles. [Same as HB 300 by Isett] Would amend Transportation Code. Cuts back on public notice of bids. See p.49, Sec. 223.002, NOTICE OF BIDS. Says the department [TxDOT] shall give notice to interested persons regarding the time and place at which bids on a contract will be opened and the contract awarded. The department [TxDOT] by rule shall determine the most effective method for providing the notice required by this section. See strikethrough language, which is current law requiring the publication of a public notice in a newspaper published in the county in which the improvement is to be made.
81_R SB 1068 (read bill) Wentworth R-San Antonio PASSED: Signed by Governor June 4, effective immediately public information opposed 1 Relating to allowing a governmental body to redact certain personal information under the public information law without the necessity of requesting a decision from the attorney general. Would amend the Public Information Act, Government Code 552.024(c), Government Code, to read "(c) If the employee or official or former employee or official chooses not to allow public access to the information: (1) the information is protected under Subchapter C; and (2) the governmental body may redact the information from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G." Sec. 552.021 simply says, "Public information is available to the public at a minimum during the normal business hours of the governmental body." NOTE: This bill was amended in the last hours of the legislative session. The amendment allows travel vouchers of the governor and other top officials to be kept confidential under Government Code chapter 660. The amendment neutralizes a state appellate court ruling rendered shortly before the end of session that made the travel vouchers subject to the Texas Public Information Act.
81_R SB 1071 (read bill) Wentworth R-San Antonio PASSED: Signed by Governor, May 19, effective immediately public information support 1 Relating to the required disclosure under the public information law of information pertaining to an employee or trustee of a public employee pension system. [SB 1071 same as HB 1707 by Geren] Would amend the Public Information Act by adding Government Code Sec. 552.0221, EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION SYSTEM. Says "information concerning the income, salary, benefits, and bonuses received from the pension system by the employee or trustee in the person’s capacity as an employee or trustee of the system, is public information and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by the following statutes or by similar statutes intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such ..."
81_R SB 1081 (read bill) Huffman R-Houston PASSED: Signed by Governor June 19, effective immediately public information monitor 3 Relating to access to criminal history record information by the office of the attorney general. [Same as HB 4292 by Branch] Would amend Government Code by adding Sec. 411.1271, ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF THE ATTORNEY GENERAL. Says criminal history record information obtained from other governmental agencies by the office of the attorney general may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information, and, AG's office shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
81_R SB 1149 (read bill) Hegar R-Katy Huffman R-Houston PASSED: Signed by Governor May 12, law effective immediately public notice monitor 3 Relating to authorizing the Texas Board of Criminal Justice to sell certain real property for municipal airport expansion. [Same as HB 2324 by Howard of Fort Bend] Would amend Government Code 496.0021 by allowing the Texas Board of Criminal Justice to authorize the sale of land directly to a municipality at fair market value without the requirement of a sealed bid sale.
81_R SB 1174 (read bill) Patrick R-Houston DEAD: Referred to Senate Education, March 13 public notice support 2 Relating to the disposition of the fines collected from persons issued citations for certain offenses by a school district peace officer. Would amend Code of Criminal Procedure by adding Art. 45.061, DISPOSITION OF FINES COLLECTED FROM PERSONS ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. See SECTION 2, paragraph (d) amending the Education Code by creating an annual public notice to be published in a newspaper. Says "A school district that receives a portion of a fine imposed under this section as provided by Article 45.061, Code of Criminal Procedure, shall annually post on an Internet website maintained by the district the amount of funds received by the district and the manner in which the funds are spent. A school district that does not maintain an Internet website must publish the information required by this subsection in a newspaper in the district. If a newspaper is not published in the school district, the district shall provide for the publication of notice in at least one newspaper in the county in which the district's central administrative office is located."
81_R SB 1182 (read bill) Wentworth R-San Antonio PASSED: Signed by Governor June 19, Sept. 1, 2009 [see note below] public information support 2 Relating to the public information law. [Same as HB 3522 by Ortiz Jr.] Would amend the Public Information Act, Government Code 552.009, OPEN RECORDS STEERING COMMITTEE: ADVICE TO ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION. See SECTION 6 of the bill, amending Sec. 552.324, SUIT BY GOVERNMENTAL BODY. Says "(a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that: (1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and (2) seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G." [Subchapter G is the process for requesting an open records decision from the attorney general.] NOTE: SECTION 16. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009. (b) Subsections (b-1) and (b-2), Section 552.008, Government Code, as added by this Act, take effect September 1, 2010.
81_R SB 1242 (read bill) Carona R-Dallas DEAD: Referred to Senate State Affairs, March 17 newsgathering oppose 1 Relating to the area near a polling place within which electioneering and loitering are prohibited. Would amend Election Code Section 61.003(a) so that a person commits an offense if, during the voting period, the person loiters or electioneers for or against any candidate, measure or political party within 250 feet of an outside door through which a voter may enter the building in which a polling place is located. Current language sets the distance at 100 feet. precinct election judges often use the 100-foot rule as the boundary for news photographers and reporters.
81_R SB 1270 (read bill) Shapleigh D-El Paso DEAD: Reported favorably, House State Affairs, May 21 public information support 2 Relating to the online availability of state agency reports required by law. [Same as HB 4326 by Strama] Would amend Government Code Sec. 441.104, DUTIES OF TEXAS STATE LIBRARY, by requiring the State Library to establish and maintain an index of all current state agency reports required by law and provide electronic access to both the index and the text of the reports through a link on the home page of the Texas Records and Information Locator (TRAIL).
81_R SB 1365 (read bill) Shapleigh D-El Paso DEAD: Referred to Senate subcmte on Floods and Evacuations, March 17 public notice support 2 Relating to development regulations in certain flood-prone counties. Would amend Local Government Code by adding Subchapter O, DEVELOPMENT REGULATIONS IN CERTAIN FLOOD-PRONE COUNTIES. Adds public notice. See p.4, Sec. 231.336. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. Says "(a) A development regulation adopted under this subchapter is not effective until it is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county."
81_R SB 1368 (read bill) Shapleigh D-El Paso PASSED: Signed by Governor, June 19; effective Sept. 1, 2009 public information oppose 1 Relating to the creation of a county ethics commission in certain counties. {Same as HB 2301 by Marquez] Would amend Local Government Code by adding Chapter 161, COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES. The chapter applies only to a county with a population of 650,000 or more that is located on the international border. See p.4 paragraph (d) requiring public notice of election to be published in a newspaper and on the Internet. See p.5 paragraph (2) which says the commissioners court shall order publication of a notice seeking applicants for four public representative members of the commission. Also see p.28 paragraph (b), which says the Open Meetings Act, Government Code Chapter 551, does not apply to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion. And, see p.28, Sec. 161.173, CONFIDENTIALITY; OFFENSE. Says proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, "except that a document or statement that was previously public information remains public information."
81_R SB 1454 (read bill) West D-Dallas DEAD: Reported favorably, House Criminal Jurisprudence, May 20 public information oppose 1 Relating to the right to an expunction of records and files relating to a person's arrest. [Same as HB 4135 by Turner] Would amend Code of Criminal Procedure Art. 55.01(a), entitling a person to have all records and files relating to an arrest expunged if prosecution is no longer possible because: (A) the limitations period has expired; or (B) double jeopardy has attached.
81_R SB 1513 (read bill) Watson D-Austin DEAD: Referred to Senate Health & Human Services, March 17 public information support 2 Relating to long-term care consumer information made available through the Internet. [Same as HB 1453 by Naishtat] Would amend Government Code chapter 531 with a requirement that the Department of Aging and Disability Services maintain a web site that includes such information as a health care facility's medical loss ratio, complaint information, any sanction or penalty imposed by any state agency, information concerning consumer satisfaction, etc.
81_R SB 1517 (read bill) Shapleigh D-El Paso DEAD: Referred to Senate Criminal Justice, March 17 public information monitor 3 Relating to the right to an expunction of records and files relating to a person's arrest. Would amend Code of Criminal Procedure Art. 55.01(a), conditions under which a person might be entitled to have their criminal record expunged.
81_R SB 1536 (read bill) Uresti D-San Antonio DEAD: Reported as substituted, Senate Health & Human Services, May 5 public information support 2 Relating to preferred drug lists, including confidentiality, supplemental rebate, prior authorization, and publication requirements. Would amend Government Code chapter 531, giving public access to several types of information related to prescription drugs. Sec. 531.0741, requires the Health and Human Services Commission to publish on the Internet its decisions on preferred drug list placement.
81_R SB 1603 (read bill) Shapleigh D-El Paso DEAD: Referred to House Higher Education, May 21 public information support 2 Relating to requiring financial disclosure concerning reports prepared by public institutions of higher education for other entities. Would amend Education Code by adding Section 51.955, REQUIRED DISCLOSURE OF PAYMENT FOR REPORTS. says an institution of higher education that receives payment from another entity to conduct research, analysis, a survey, or other academic, scientific, or technical work and prepare a report of that work shall include in the report: (1) a statement that the institution received payment to conduct the work and prepare the report; (2) the identity of the entity providing the payment; and (3) the amount of the payment.
81_R SB 1615 (read bill) Wentworth R-San Antonio DEAD: Left pending, House Transportation, May 23 public notice support 2 Relating to the authorization of airport authorities and the issuance of bonds and the exercise of eminent domain by the authorities. Would amend Transportation Code by adding CHAPTER 27, AIRPORT AUTHORITIES. Under Subchapter F, regarding bonds, Sec. 27.253, NOTICE; CHALLENGES. Says: (a) On the adoption of a resolution providing for the issuance of bonds, an authority may publish, once a week for two consecutive weeks, in a newspaper that is distributed in the county in which the principal office of the authority is located, notice in substantially the following form at the end of which shall be printed the name and title of either the presiding officer or secretary of the authority: "_______, a public corporation of the State of Texas, on the ____ day of _____ authorized the issuance of $______ principal amount of revenue bonds of the corporation for purposes authorized in the Act of the Legislature of Texas under which the corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and any instruments securing the bonds, or the proceedings authorizing the bonds, must be commenced within 20 days after the first publication of this notice."
81_R SB 1622 (read bill) Wentworth R-San Antonio DEAD: Referred to Senate Government Organization, March 20 public notice support 2 Relating to the regulation of off-premises signs in the unincorporated area of a county. [Same as HB 2948 by Miller of Comal] Would amend Local Government Code by adding Sec. 240.908, REGULATION OF OFF-PREMISES SIGNS. Says the commissioners court of a county by order may prohibit the erection of off-premises signs along roads in the unincorporated area of the county. The commissioners court may not require the relocation, reconstruction, or removal of an off-premises sign in existence on the effective date of this section. And, before issuing such an order, the commissioners court shall hold a public hearing on the proposed order. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county.
81_R SB 1629 (read bill) Wentworth R-San Antonio PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 public information support 1 Relating to persons exempted from required prepayment of personnel costs incurred by governmental body in responding to requests from a requestor under the public information law that require large amounts of personnel time. [Same as HB 4147 by Rose] Exempts from public information prepayment requirement "a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public" and other media.
81_R SB 1673 (read bill) Hinojosa D-McAllen DEAD: Left pending, Senate Jurisprudence, May 13 public information support 1 Relating to the secrecy of a grand jury subpoena or summons. Would amend Code of Criminal Procedure Art. 20.02. Says a subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the grand jury, but this does not limit a disclosure to a news media employee who is engaging in a news-gathering activity. Defines newspaper with reference to Government Code Sec. 2051.044.
81_R SB 1685 (read bill) Hinojosa D-McAllen PASSED: Signed by Governor June 19, effective immediately public notice support 2 Relating to the creation of a district court records technology fund. [Same as HB 3312 by Gonzales] Would amend Government Code by adding Sec. 51.305, DISTRICT COURT RECORDS TECHNOLOGY FUND. See paragraph (f) which says the district clerk in a county that adopts a fee under this section shall prepare an annual written plan for the preservation and restoration of the district court records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing.
81_R SB 1686 (read bill) Hinojosa D-McAllen DEAD: Referred to Senate Criminal Justice, March 20 public information oppose 1 Relating to discovery in a criminal case. [Same as HB 301 and HB 1168, both by Dutton] See Sec. 11, DISCLOSURE TO THIRD PARTIES. Neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. Also see Sec. 13, CONFLICT OF LAW. Says "To the extent of any conflict, this article prevails over Chapter 552, Government Code."
81_R SB 1692 (read bill) Wentworth R-San Antonio DEAD: Reported favorably, House State Affairs, May 20 public information monitor 3 Relating to the confidentiality of certain personal information concerning current and former employees of certain divisions of the office of the attorney general. [Same as HB 1773 by Fletcher] Would amend Public Information Act, Government Code Sec. 552.1175(a) by adding paragraph (7), which makes confidential certain information about current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve criminal law enforcement. Also adds same amendment to Tax Code chapter 25.
81_R SB 1779 (read bill) Hinojosa D-McAllen DEAD: Set on May 26 House Local Calendar for Second Reading public notice support 2 Relating to the establishment of the official citrus producers’ pest and disease management corporation. [Same as HB 4578 by Martinez] Would amend Agriculture Code regarding the creation of a pest management zone and election of a board of directors. See p.9, paragraph (g), which says a board election must be preceded by at least 45 days’ notice published in one or more newspapers published and distributed in the proposed or established pest management zone. The notice shall be published not less than once a week for three consecutive weeks. [House sponsor Mando Martinez, D-Weslaco]
81_R SB 1874 (read bill) Zaffirini D-Laredo DEAD: Referred to Senate Intergovernmental Relations, March 24 public notice support 2 Relating to requiring a municipality or county to publish a notice of intent before issuing anticipation notes. Would amend Government Code by adding Section 1431.0031, NOTICE OF INTENTION TO ISSUE ANTICIPATION NOTES; PETITION AND ELECTION. Says, "(a)Regardless of the sources of payment of anticipation notes, anticipation notes may not be issued unless the issuer publishes notice of its intention to issue the anticipation notes. The notice must be published once a week for two consecutive weeks in a newspaper, as defined by Subchapter C, Chapter 2051, that is of general circulation in the area of the issuer, with the date of the first publication to be before the 30th day before the date tentatively set for the passage of the order or ordinance authorizing the issuance of the anticipation notes. (b) The notice must state: (1) the time and place tentatively set for the passage of the order or ordinance authorizing the issuance of the anticipation notes; (2) the maximum amount and purpose of the anticipation notes to be authorized; and (3) the manner in which the anticipation notes will be paid for, whether by taxes, revenues, a combination of taxes and revenues, or the proceeds of bonds to be issued by the issuer."
81_R SB 1907 (read bill) Hinojosa D-McAllen PASSED: Companion bill HB 472 signed by Governor May 27, effective Sept. 1, 2009 public notice oppose 2 Relating to requirements regarding reporting by a common carrier or pipeline owner or operator of contamination. [Same as HB 472 by Hilderbran] Would amend Natural Resource Code by establishing a mechanism to notify a landowner of petroleum leak/spill/contamination. Public would be better served by a published notice.
81_R SB 1909 (read bill) Hinojosa D-McAllen DEAD: Reported favorably, House Public Safety, May 18 public information monitor 3 Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program. [Same as HB 4143 by Gallego] Would amend Code of Criminal Procedure Art. 38 by adding DNA LABORATORY AUDIT PROGRAM. The commission would establish a DNA laboratory audit program to conduct periodic unannounced audits of DNA laboratories in Texas. See paragraph (c) requiring the commission to prepare a written report summarizing each audit and specifying whether the laboratory must take any corrective action. See paragraph (e) requiring the commission to make the reports available to the public.
81_R SB 1912 (read bill) Duncan R-Lubbock DEAD: Reported favorably without amendments, House State Affairs, May 21 public information oppose 1 Relating to the disclosure of personally identifiable information under the public information law. [Same as HB 4207 by Giddings] Would amend Public Information Act by adding Government Code 552.150, EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF GOVERNMENTAL BODIES. Introduced version of the bill excepted from disclosure the date of birth of a current or former official or employee of a governmental body and allowed a governmental body to redact the date of birth of a current or former official or employee of a governmental body from any information the governmental body discloses without the necessity of requesting a decision from the attorney general. The Senate approved a committee substitute that instead makes public availability of DOB the subject of a study to be conducted during the legislative interim.
81_R SB 1916 (read bill) West D-Dallas DEAD: Set on May 21 House General State Calendar public information oppose 2 Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned. Would amend Code of Criminal Procedure Art. 55.02 by adding Section 1a, requiring the trial court presiding over a case in which a defendant is convicted and subsequently pardoned to enter an order of expunction of arrest records and files. Reasons for not expunging this kind of record: preservation of history, possible future showing of evidence of malicious prosecution, wrongful conviction, incompetent defense at the trial court level, etc. [At March 31 committee hearing, Sen. Ellis, speaking on behalf of Sen. West, said without an expunction, the full benefit of the pardon cannot be realized by the pardonee.]
81_R SB 1968 (read bill) West D-Dallas DEAD: Referred to Senate Intergovernmental Relations, March 24 public notice support 2 Relating to the creation and operation of higher education enhancement districts. Would amend Education Code by adding SUBTITLE I. HIGHER EDUCATION DISTRICTS, CHAPTER 159. HIGHER EDUCATION ENHANCEMENT DISTRICTS. See Sec. 159.004, PUBLIC HEARING. "Before entering into a memorandum of understanding for the creation of a district under Sec. 159.005, the governing bodies of the municipalities, school districts, and public or private institutions of higher education seeking to establish a district shall, after notice published in one or more newspapers having general circulation in the territory in which the district may be established, hold at least one public hearing at which any interested person may appear and offer testimony regarding the establishment of a district."
81_R SB 2023 (read bill) Watson D-Austin DEAD: Referred to Senate Intergovernmental Relations, March 24 public notice support 2 Relating to the dissolution of certain municipal utility districts that are located in more than one municipality. Would amend Local Government Code by adding Sec. 43.0741, ABOLITION AND ASSUMPTION OF FUNCTIONS OF MUNICIPAL UTILITY DISTRICT LOCATED IN MORE THAN ONE MUNICIPALITY. See p.3 line 3, requiring the governing body of the municipality to publish notice of the hearing, including the date, time and location of the hearing, in a newspaper of general circulation in the municipality.
81_R SB 2040 (read bill) Ellis D-Houston PASSED: Companion bill HB 3009 signed by Governor June 19, effective immediately public notice support 2 Relating to the authority of municipal management districts to consolidate. [Same as HB 3009 by Coleman] Would amend Local Government Code by adding SUBCHAPTER P, CONSOLIDATION OF DISTRICTS. See p.2, Sec. 375.353, NOTICE AND HEARING ON CONSOLIDATION. "(a) Each district’s board shall publish notice and hold a public hearing in its district regarding the terms and conditions for consolidation of the districts. Such notice shall be published at least once in a newspaper with general circulation in the affected districts at least seven (7) days prior to the hearing."
81_R SB 2075 (read bill) Hinojosa D-McAllen DEAD: Reported as substituted, Senate Criminal Justice, May 4 public information oppose 1 Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure. [Same as HB 2213 by Farrar] Would amend Code of Criminal Procedure so that a person who is the subject of an order of deferred adjudication community supervision that has resulted in a discharge and dismissal may be entitled to the expunction of their criminal record. The type of misdemeanor or felony committed would affect the number of years a person would have to wait to petition a court for expunction.
81_R SB 2081 (read bill) Uresti D-San Antonio DEAD: Recommended for Senate Local / Uncontested Calendar, April 21 public notice support 2 Relating to reports regarding the provision of emergency ground ambulance services in counties. [Same as HB 4532 by Chavez] Would amend Health & Safety Code by adding Sec. 774.005, COUNTY SELF-ASSESSMENT OF PROVISION OF EMERGENCY GROUND AMBULANCE SERVICES. See p.2 paragraph (e), requiring each county to publish a report on the availability of emergency ground ambulance services within the county. The county shall make the report available on the county’s Internet website and annually publish a summary of the report, together with the address of the website containing the report, in a newspaper of general circulation in the county. If the county does not operate a website, the county shall publish the report annually in a newspaper of general circulation in the county.
81_R SB 2100 (read bill) Wentworth R-San Antonio DEAD: Returned as substituted to Senate Veterans Affiars, May 6 public notice support 2 Relating to granting certain counties regulatory authority around military facilities in certain circumstances. Would amend Local Government Code Chapter 231 by adding SUBCHAPTER M. PROTECTION OF MILITARY INSTALLATIONS. See p.5, Sec. 231.277, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. "(a) A protection regulation adopted under Section 231.273(a)(1) is not effective until it is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county."
81_R SB 2140 (read bill) Wentworth R-San Antonio DEAD: Referred to Senate State Affairs, March 31 public information monitor 3 Relating to requests to inspect or be provided with copies of information under the public information law. Would amend Public Information Act, Government Code 552, in three places, concerning treatment of requests for public information.
81_R SB 2145 (read bill) West D-Dallas DEAD: Reported favorably, House State Affairs, May 22 public notice support 2 Relating to publication of notice for certain transactions involving local government entities. Would amend Education Code 44.031 and Local Government Code 252.041, 262.025, 263.153 and 271.025 with positive additions to public notice requirements.
81_R SB 2154 (read bill) Wentworth R-San Antonio DEAD: Reported favorably, House State Affairs, May 21 public information oppose 1 Relating to the confidentiality of certain travel vouchers submitted by certain peace officers. Would amend Government Code by adding Sec. 660.2035, TRAVEL VOUCHERS OF CERTAIN OFFICERS. "(a) A travel voucher submitted by a peace officer for travel authorized and required to provide personal protection for an elected official or a member of an elected official’s family is confidential and not subject to disclosure under Chapter 552." This language creates a Public Information Act exception.
81_R SB 2165 (read bill) Ellis D-Houston DEAD: Referred to Senate Business & Commerce, March 31 public information monitor 3 Relating to the disclosure of electricity generation offers received by ERCOT. Would amend Utilities Code by adding Sec. 39.1516, DISCLOSURE OF ELECTRICITY GENERATION OFFERS. Requires ERCOT to post electricity generation offers on its web site.
81_R SB 2202 (read bill) Wentworth R-San Antonio DEAD: Referred to Senate Intergovernmental Relations, March 31 public notice support 2 Relating to authorizing municipalities and counties to regulate land development in certain unincorporated areas. [Same as HB 4262 by Rodriguez] Would amend Local Government Code by adding Subchapter B, AUTHORITY TO REGULATE LAND DEVELOPMENT IN MUNICIPALITY’S EXTRATERRITORIAL JURISDICTION IN CERTAIN COUNTIES. See p.4, Sec.A242.053, JOINT PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES. "(a) The governing bodies of the municipality and the county shall establish joint procedures for adopting and enforcing the regulations and district boundaries. A regulation or boundary is not effective until it is adopted by the governing bodies of the municipality and the county after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the time and place of the hearing in an official newspaper or a newspaper of general circulation in the extraterritorial jurisdiction."
81_R SB 2221 (read bill) Carona R-Dallas DEAD: Referred to House Judiciary & Civil Jurisprudence, May 15 public information oppose 1 Relating to the eligibility of certain criminal defendants for an order of nondisclosure. Would amend Government Code Chapter 411 with changes to law governing expunction of criminal records. Consideration given to severity of crime, age at which crime was committed, etc.
81_R SB 2222 (read bill) Van de Putte D-San Antonio DEAD: Set on May 21 House Major State Calendar public notice support 2 Relating to authorizing the creation of regional military sustainability commissions around military installations and requiring certain property disclosures. Would amend Local Government Code by adding Chapter 397A, REGIONAL MILITARY SUSTAINABILITY COMMISSIONS RELATING TO MILITARY INSTALLATIONS. Pages 2,3, Sec. 397A.003, HEARING ON CREATION OF COMMISSION, adds two public hearings to consider the creation of the proposed commission and requires notice of the hearings to be published in a newspaper of general circulation in the proposed territory. Pages 4,5, Sec. 397A.006. REGIONAL PLAN, adds required notice of the commission’s proposed plan to be published in a newspaper of general circulation in the commission’s territory.
81_R SB 2223 (read bill) Van de Putte D-San Antonio DEAD: Reported without amendments, House Defense & Veterans Affairs, May 20 public notice support 2 Relating to allowing a municipality to create a defense base regulatory authority. Would amend Local Government Code Chapter 375 by adding Subchapter Q, DEFENSE BASE REGULATORY AUTHORITY. See p.2, Sec. 375.404, HEARING ON CREATION OF AUTHORITY. "(a) Not earlier than the 60th day or later than the 30th day before the date the governing body of the municipality creates the authority, the governing body shall hold two public hearings to consider the creation of the proposed authority. The governing body must publish notice of the hearing in a newspaper of general circulation in the proposed authority at least seven days before each public hearing."
81_R SB 2439 (read bill) Uresti D-San Antonio DEAD: Voted favorably, House Defense & Veterans Affairs, May 21 public notice support 2 Relating to granting certain local governments general zoning authority around certain military facilities. [Same as HB 2056 by Gallego] Would amend Local Government Code by adding Chapter 241A, MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY. See p.4, Sec. 241A.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. "(a) A development regulation adopted under this chapter is not effective until it is adopted by the governing bodies of a municipality and the county in the regulated area after a joint public hearing. Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the hearing in a newspaper of general circulation in the county."
81_R SB 2440 (read bill) Uresti D-San Antonio PASSED: Senate adopted conference report, June 1 public notice support 2 Relating to providing an oversight mechanism for the Bexar Metropolitan Water District, including enforcement authority, and authorizing a dissolution election. See p.2, Sec. 33B, ELECTION ON DISSOLUTION AND CONSERVATORSHIP, and on p.3, Sec. 33C, NOTICE OF ELECTION. "The Board shall give notice of the election by publishing a substantial copy of the election order in a newspaper with general circulation in the District once a week for two consecutive weeks. The first publication must appear at least 35 days before the date set for election." See pp. 12,13 under SECTION 6, DISSOLUTION BY ELECTION AFTER FAILED REHABILITATION, Sec. 35A, NOTICE OF ELECTION. "The Conservator shall give notice of the election by publishing a substantial copy of the election order in a newspaper with general circulation in the District once a week for two consecutive weeks. The first publication must appear at least 35 days before the date set for election."
81_R SB 2451 (read bill) Wentworth R-San Antonio DEAD: Referred to Senate Intergovernmental Relations, March 31 public notice support 2 Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans. Would amend Local Government Code by adding Chapter 236, REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES, which applies only to a county with a population of more than 800,000 and not more than 1.3 million. On p.3, see Sec. 236.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. Says "(a) A buffer zone regulation under this chapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county."
81_R SB 2556 (read bill) Huffman R-Houston DEAD: Referred to House Defense & Veterans Affairs, May 13 public information oppose 1 Relating to confidentiality of information regarding certain agents. Would amend Public Information Act by adding Section 552.151, EXCEPTION: INFORMATION REGARDING SELECT AGENTS. Says information that pertains to a biological agent or toxin identified or listed as a select agent under federal law, including under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No. 107-188) and regulations adopted under that Act, is confidential and excepted from the requirements of Section 552.021, including information pertaining to: (1) the location of a select agent; (2) security and safeguard protections; (3) site-specific or transfer-specific documentation; or (4) the identity of an individual authorized to possess, use, or access a select agent.