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Senate Bills:

 

SB 35 – Developmentally Disabled Mortality Reviews
by Sen. Judith Zaffirini, D-Laredo

  Under this proposal, the records and meetings of the mortality review teams who review deaths of “developmentally disabled” individuals would not be subject to the Texas Open Meetings Act or the Texas Public Information Act.

See full text of bill


Status

SB 94 – Stun Gun Permits
by Sen. Leticia Van de Putte, D-San Antonio

  This bill would allow individuals to be permitted for stun guns. The proposed law functions much like the concealed carry law, meaning that records of individual permit holders would be closed off. Aggregate information on permit holders could be released.

Status

SB 238 – Property Owners' Association Records
By Sen. Royce West, D-Dallas

  Homeowners' associations (HOAs) are intended to maintain common areas in residential neighborhoods and to protect homeowners' investments in their property by enforcing certain aesthetic guidelines. In recent years, however, many homeowners have become dissatisfied with the operation of their associations and have had trouble accessing association records. SB 238 creates a cause of action for a homeowner if an HOA board fails to comply with its statutory duty to make its books and records, including financial records, reasonably available.

Status

SB 253 – Competitive Bidding
By Sen. Craig Estes, R-Wichita Falls
Same as HB 78 by Rep. Dan Flynn, R-Van and HB 117 by Rep. Joe Heflin, R-Crosbyton

  County and municipal governments are already required to post notice of competitive bidding when the potential contract exceeds $25,000. This bill would raise the monetary threshold to $50,000.

Status

SB 280 – Public Employee Information
By Sen. Jane Nelson, R-Flower Mound

  This bill 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.

Status

SB 281 – Judges' Home Addresses
By Sen. Jane Nelson, R-Flower Moun
Same as HB 598 By Rep. Bryan Hughes, R-Mineola
 These bills essentially do the same thing - allow federal and state judges and their spouses to leave their home addresses off of their Texas drivers' licenses. Instead, they would be allowed to list the address of the judge's courthouse.


Status

SB 296 – Health Care Company Regulation
By Sen. Royce West, D-Dallas

  This bill would amend Health & Safety Code by adding Chapter 174. See 174.053, requiring the attorney general to disclose certain payments or other transfers of value by manufacturers of prescription drugs, medical devices and medical supplies; providing a penalty.

Status

SB 304 – Law Enforcement Exception
by Sen. Eliot Shapleigh, D-El Paso

  This bill would allow a confidentiality agreement signed by a public employee or a requesting entity to be voided if those covered by it determine that the information subject to the agreement indicates evidence of unlawful conduct that has not clearly been detected, investigated, or prosecuted by an appropriate authority.

Status

SB 321 – School Board Trustee Information
by Sen. Eliot Shapleigh, D-El Paso

  This bill would require school board trustees, candidates and campaign committees to report political contributions to the Texas Ethics Commission which would post the information on its Web site as would individual school boards. This bill would also 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.


Status

SB 331 - Public Employee Address Information
by Sen. John Carona, R-Dallas

  This bill would prohibit release of a current or former public employee’s home address, home telephone number or social security number. Same as HB 1383.

Status

SB 375 - Motor Vehicle Accident Information
by Sen. John Carona, R-Dallas
Same as HB 1826 by Rep. Todd Smith, R-Euless

  This bill would amend Transportation Code 550.065 by amending subsections (a), (b) and (d) and adding subsections (e) and (f). Under (e), see "The [DPS] may not release under this subsection information that: (1) is personal information, as defined by Section 730.003; or (2) identifies a specific accident." [Transportation Code 730 is the Motor Vehicle Records Disclosure Act.] 730.003 (6): "Personal information" means information that identifies a person, including an individual’s photograph or computerized image, social security number, driver identification number, name, address, but not the zip code, telephone number and medical or disability information."


Status

SB 388 - Law Enforcement Integrity Unit

by Sen. John Carona, R-Dallas
  This bill 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."


Status

SB 456 - Reporting Toxic Hotspots
by Sen. Mario Gallegos, Jr., D-Galena Park

  This bill 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.

Status

SB 460 - Personal Information of Police Officers and Firefighters
by Sen. Mario Gallegos, Jr., D-Galena Park

  This bill 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.

Status

SB 503 - Superintendent Hiring Process
by Sen. Kevin Eltife, R-Tyler

  This bill 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." Currently, school boards only release information regarding the superintendent candidate that was selected.

Status

SB 624 - Public contracts
by Sen. Royce West, D-Dallas

 Sen. West's bill would amend the state's Education Code so that any changes in contracts with public school districts under $50,000 would not require the school board's approval. While this bill is puportedly an effort to "streamline" the process, it comes at the expense of open government, as the bill would limit public knowledge of these contract changes under the Texas Open Meetings Act.

Status

SB 626 - TxDOT Accident Database
by By Sen. John Carona, R-Dallas

  In its original form, this measure would have done away with TxDOT's accident report database. TAB, TDNA and FOIFT worked with Sen. Carona's staff to come up with language to address the issue.

Status

SB 671 - Legislative Information
by Sen. Eliot Shapleigh, D-El Paso

  This bill 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.

Status

SB 695 - Personal Financial Statements
by Sen. Rodney Ellis, D-Houston

  This proposal would significantly speed up the online access to the personal financial statements of political candidates, officer holders and state political party chairs. That information would be required to be posted online within 10 days of filing. Once an individual leaves office, the information is removed from the Web site after the second anniversary of departure.

Status

SB 777 - DWI Statistics
by Sen. Steve Ogden, R-Bryan

  This bill would amend Government Code by adding Sec. 411.049, REPORT RELATED TO CERTAIN INTOXICATION OFFENSES. Says (a) The department shall compile and maintain statistical information on the prosecution of offenses under Chapter 49, Penal Code, relating to the operating of a motor vehicle while intoxicated, including: (1) the number of arrests; (2) the number of arrests resulting in release with no charges; and more categories of information.

Status

SB 780 - Reporting Supreme Court Votes
by Sen. Kirk Watson, D-Austin

  This bill 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."

Status

SB 783 - Emerging Technology Fund
by By Sen. Florence Shapiro, R-Plano

  This bill is meant to encourage the development of new technology in Texas through a state grant program. It says that information provided by an individual or entity being considered for, or being a recipient of, an award from the Texas Emerging Technology Fund is confidential and may not be disclosed under the Texas Public Information Act. This information includes identity, background, finance, marketing plans, trade secrets, or other sensitive information of the individual or entity. Trade secrets are already protected from disclosure under the TPIA.

Status

SB 915 - Free Flow of Information Act

by Sen. Rodney Ellis, D-Houston and Sen. Robert Duncan, R-Lubbock

Same as HB 670 by Rep. Tony Martinez-Fischer, D-San Antonio 

 This important bill would do several things to ensure legal protection for Texas' journalists that, unfortunately, is sorely lacking. It would accomplish this several ways, including:

-Requiring a judge to decide whether disclosure of a reporter's information is essential to a criminal or civil case, could be obtained otherwise and will serve the public interest.

-Providing a framework for that judge to use - something judges have asked for in Texas case rulings since the early 1990's

-Requiring journalists to testify at the request of criminal prosecutors, criminal defendants and civil litigants using balancing tests that are based on existing case law and the U.S. Department of Justice's guidelines for subpoenaing reporters that have been in place for more than 30 years.

-Establishing that journalists must divulge information in situations where the journalist is an eyewitness to a crime or in instances where someone's life depends on confidential source information.

-The law would provide a qualified privilege — rather than an absolute privilege — regarding confidential sources and is the more moderate approach taken by the majority of the 36 states that have Free Flow of Information laws.

 Law enforcement officials and litigation adversaries often first subpoena reporters' notes, video outtakes or other unpublished information before conducting their own investigations. This practice essentially turns the news media into a de facto investigative arm of law enforcement or litigators. Allowing this practice to continue erodes the independence of the media and the public's trust in the media as impartial providers of news.

 Texas has no statute prohibiting this practice. Court rulings have found that the First Amendment does not provide protections against this practice, but the U.S. Supreme Court has pointedly ruled in a key case that Congress and the states could enact measures to create protections for reporters' confidential sources. To date, 36 states and the District of Columbia have enacted such protection.


Status

SB 921 - Electric Cooperatives
by Sen. Fraser, R-Marble Falls
Sames as HB 1390 by Rep. Patrick Rose, D-Dripping Springs

  Same as HB 1390 by Rose. This bill would amend Utilities Code in various ways to increase the transparency of electric co-op open meetings and public information.

Status

SB 980 - Foreclosure Information
by Sen. Lucio, Jr., D-Brownsville

  This bill will make the data regarding the foreclosure sales of residential real property available to the public on the county clerk's Web site. And, under paragraph (e), "The department shall make the report required under this subsection available to the public on the department's Internet website."

SB 1071 - Public Employee Pension Systems
by Sen. Jeff Wentworth, R-San Antonio
Same as HB 1707 by Rep. Charlie Geren, R-Fort Worth

  Currently, the Government Code contains certain statutes that have been construed to except certain information concerning an employee or trustee of a public employee pension system, such as income, salary, benefits, and bonuses received from the pension system, from release under the Texas Public Information Act. These bills say this type of information is public.

SB 1182 - Public Information Act

by Sen. Jeff Wentworth, R - San Antonio

Same a as HB 3522 by Rep. Soloman Ortiz, Jr., D-Corpus Christi
  This bill would require a governmenetal body to send a copy of any written comments submitted to the attorney general to an open records requestor within 15 business days of the request.


SB 1200 - Lawmakers / State Contracts
by Sen. Steve Ogden, R-Bryan

  The bill would require a member of the legislature to report to the Texas Ethics Commission, the amount of any contract entered into individually or as part of a business entity in which the member has a substantial interest, and a state agency.

SB 1242 - Polling Place Conduct
by Sen. John Carona, R-Dallas

  This bill would prohibt "loitering" within 250 feet from a polling place. Clearly, this bill could be interpreted to include any media on location.

SB 1454 - Expunctions
by Sen. Royce West, D-Dallas

  All expunction bills, to varying degrees, close access to information related to criminal convictions or arrests. This bill allows expunction of arrest records and files in certain circumstances.

SB 1629 - Cost of Information

by Sen. Jeff Wentworth, R-San Antonio

Same as HB 4147 by Rep. Patrick Rose, D-Dripping Springs
  Last session, section 552.275 of the Government Code was amended so that a governmental body may establish a reasonable time limit and charge a fee if the time limit required for responding to public information requests from repeat requesters is exceeded.
This bill amends that subsection by expanding the definition of one of the groups and adding a third group to the list of exempted parties. The definition of newspaper would be expanded to include newspapers of general circulation that are published on the Internet, and magazines that are engaged in disseminating news or information to the general public would be incorporated in the list of exceptions. This measure would help provide information to the general public.


SB 1630 - Access to Government Information
by Sen. Jeff Wentworth, R-San Antonio

 This bill allows a government agency to comply with the TPIA by informing a requestor that the information is available on the Internet, providing the location of the information, and offering the person access to a computer terminal at no charge to access the information. It also closes off access to information related to the purchase or sale of real property by a governmental body. Completed property appraisals are not exempt from disclosure and supporters say other parties could have access to appraisal information during the negotiations, potentially hurting the bargaining position of the governmental entity. This bill says that prior to the formal award of the contract, a completed property appraisal is not public information subject to the TPIA.

SB 1686 - Discovery in Criminal Case

by Sen. Juan Hinojosa, D-McAllen

Same as HB 1168 by Rep. Harold Dutton, D-Houston
  Under this bill, 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, Section 13, Conflict of Law, says "To the extent of any conflict, this article prevails over Chapter 552, Government Code."


SB 1858 - Public School Employee Criminal History Information
by Sen. Royce West, D-Dallas
Same as HB 3419 by Rep. Diane Patrick, R-Arlington

  These bills would shut off access to a public school employee's criminal history information collected by school districts when considering hiring applicants.

SB 1912 - Government Employee DOB's
by Sen. Robert Duncan, R-Lubbock
Same as HB 4207 by Rep. Helen Giddings, D-De Soto

  This bill stems from a Dallas Morning News Public Information Act Request for dates of birth (DOB's) for public employees. The News' case is pending with the Texas Supreme Court. The bill closes off a number of types of public employees' personal information including DOB's. Newsrooms often use DOB's in research to verify which individuals are the subject of reporting. DOB's typically do not appear in reporting. The Texas Comptrollers Office went to court to prevent release of DOB's in the Morning News case claiming that release would encourage identity theft. Not a single case of identity theft related to a TPIA request was cited in the lawsuit or in committee testimony. Unfortunately, only one member of the committee was present when media testimony was taken on the bill.


SB 2154 - Travel Vouchers
by Sen. Jeff Wentworth, R-San Antonio

  This bill would make confidential travel vouchers submitted by peace officers who are providing protection to elected officials or member's of the official's family.

   

 


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Freedom of Information Foundation of Texas

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