By Kelley Shannon
Executive Director
Freedom of Information Foundation of Texas
A loophole in the Texas Public Information Act that many law enforcement departments use to withhold records when someone dies in police custody will be closed with a new law taking effect Sept. 1.
House Bill 30 by Rep. Joe Moody, D-El Paso, passed both the Texas House and Senate and resulted in a compromise bill that won final approval in both chambers. Gov. Greg Abbott allowed it to become law without his signature as his veto period ended Sunday, June 18.
No longer will police departments be able to use this loophole to withhold many case records and video when a person dies in police custody or in other interaction with law enforcement. The existing provision in the Public Information Act allows it if a case does not result in a conviction or deferred adjudication. It’s a part of the law intended to protect the living who are acquitted or have had charges dropped, but some police officials have applied it to those who were arrested and died.
The measure had been debated in previous legislative sessions, winning bipartisan support in the House but never passing the Senate until this year. It took on additional urgency after the mass shooting at an elementary school in Uvalde and the lack of transparency afterward by law enforcement and public officials.
The FOI Foundation of Texas and other organizations supporting open government have been pushing for passage of the legislation since 2017.