Law closing police loophole in Public Information Act to take effect Sept. 1
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 [...]
Texas Legislature approves open government bills in 2023 session’s final days
For Immediate Release May 29, 2023 Texas Legislature approves open government bills in session’s final days AUSTIN – Major transparency initiatives shoring up the Texas Public Information Act won approval in the state Legislature before the session’s final day Monday. The legislation now heads to Gov. Greg Abbott. A measure by Rep. Joe Moody, D-El Paso, that won final passage Sunday night would close a legal loophole used by some [...]
Transparency bill containing TPIA improvements moves ahead in Texas Legislature
By Kelley Shannon Executive Director FOI Foundation of Texas The Texas Senate has passed a major transparency bill that would protect the rights of information requestors and help ensure the Texas Public Information Act is carried out consistently statewide. House Bill 3033 by Rep. Brooks Landgraf, R-Odessa, had already won passage in the Texas House. It was sponsored by Sen. Judith Zaffirini, D-Laredo, in the Senate and won approval in that [...]
Texas Senate committee approves bill closing the ‘dead suspect loophole’ in TPIA
By Kelley Shannon FOI Foundation of Texas Legislation that would close a loophole in the Texas Public Information Act used by some police departments to withhold records when a person dies in custody won approval in a Senate committee Friday. House Bill 30 by Rep. Joe Moody, D-El Paso, and sponsored in the Senate by Sen. Phil King, R-Weatherford, was set for a sudden hearing in the Senate Business and [...]
Police used loophole in Texas law to withhold records from deceased soldier’s family
By Vianna Davila ProPublica, co-published with The Texas Tribune Originally published May 9, 2023 Texas public records law allows officials to withhold police records if no one was convicted in a case. At least one city has used this rule to deny the release of suicide records. A new bill aims to close this loophole. When Patty Troyan’s son Logan Castello died by suicide in November 2019 in his Central [...]
Transparency legislation makes progress in Texas House of Representatives
By Kelley Shannon Executive Director Freedom of Information Foundation of Texas May 9, 2023 Transparency proposals supported by the Freedom of Information Foundation of Texas and the diverse Texas Sunshine Coalition have progressed in the Texas House of Representatives with overwhelming bipartisan support. House Bill 2493 by Rep. Giovanni Capriglione, R-Southlake, is a searchable-sortable records bill requiring information to be supplied in spreadsheet format when available. The measure won final [...]
FOI Foundation of Texas announces Ralph Langer Scholarship recipients
For Immediate Release April 27, 2023 AUSTIN – The Freedom of Information Foundation of Texas has named Brianna Chavez, a journalism junior at Texas State University, as the recipient of the inaugural Ralph Langer Scholarship. Alongside her journalism studies, Chavez has worked as a life and arts reporter at the University Star, Texas State’s student-run newspaper. Some of her stories have been published by the Austin American-Statesmen. Chavez, who is [...]
Protect free speech: Don’t mess with Texas’ anti-SLAPP law
Protect free speech: Don't mess with Texas' anti-SLAPP law Guest Column By Will Creeley Foundation for Individual Rights and Expression When it comes to criticizing the powerful or politically connected, the First Amendment protects the little guy. No matter who you are or how much money you have in the bank, you have the right to speak your mind. Because the Founders knew all too well the danger of granting the [...]
‘Dead suspect loophole’ bill moving forward in Texas Legislature after Uvalde
By Matt Grant KXAN Originally published April 13, 2023 Update May 4, 2023: The Texas House of Representatives gave preliminary approval to HB 30 with a vote of 112-31. AUSTIN (KXAN) — Nearly a year after 19 elementary school students and two teachers were murdered in Uvalde — followed by a steady stream of incorrect and incomplete information released to the public — Texas House lawmakers heard testimony on a [...]
House Committee hears Texas Sunshine Coalition’s searchable-sortable records bill
The Texas House Committee on State Affairs heard testimony Wednesday in support of legislation that would ensure requestors can obtain public information in spreadsheet format, if it's stored that way. House Bill 2493 by Rep. Giovanni Capriglione, R-Southlake, is one of several transparency bills the diverse Texas Sunshine Coalition is working to pass this legislative session. A spreadsheet, or searchable-sortable format for large volumes of data, helps citizens better analyze [...]
First of the Texas Sunshine Coalition bills gets hearing at Capitol
The Texas House State Affairs Committee has held a hearing on House Bill 2309 by Chairman Todd Hunter, R-Corpus Christi. The measure, part of the Texas Sunshine Coalition agenda, would ensure public access to dates of birth in criminal justice records and candidates' applications to run for public office. Laura Prather, co-chair of the FOIFT's legislative committee, testified in support of the bill on Wednesday, March 22. She noted that [...]
Transparency legislation at the Texas Capitol a bipartisan effort
By Kelley Shannon To witness bipartisanship at the Texas Capitol, look to the lawmakers who are working to improve open government laws. Legislators from both political parties are igniting interest in transparency and creating the opportunity for all lawmakers to protect the people’s right to know. They’re carrying on our state’s legacy of openness. When the reform-minded 1973 Legislature enacted the Texas Public Information Act, known then as the Open [...]
Uvalde records lawsuit continues, no closer to a resolution or transparency
By Caroline Ghisolfi Austin American-Statesman Originally published March 10, 2023 Nine months after the massacre at Robb Elementary School that left 21 dead and 17 injured, the Uvalde district attorney and the Texas Department of Public Safety continue to fight the release of records, First Amendment attorney Laura Lee Prather told a district judge. “Calls for transparency and accountability have run loud and clear. They’ve reverberated in public settings throughout [...]
A case study: Getting public records is getting harder in Texas
By Caroline Love KERA Originally published Feb. 15, 2023 Editor’s note: After reports that Collin County Constable Joe Wright’s name had appeared on a membership list for an antigovernment extremist group, KERA government accountability reporter Caroline Love wanted to find out more about him. She obtained records from the Collin County Sheriff’s Office — where Wright had once worked — only after a lengthy open records battle. We asked her [...]
Texas Public Information Act’s 50th anniversary an excellent time to strengthen the landmark law
By Kelley Shannon Executive Director Freedom of Information Foundation of Texas Fifty years ago, responding to public demand in an era of reform, Texas enacted a sweeping law ensuring the people’s right to know about their government. The Texas Public Information Act – originally known as the Open Records Act when it passed in 1973 – was one of the strongest transparency laws in the nation. It allowed Texans to [...]
Texas Sunshine Coalition members unite for open government
The Texas Sunshine Coalition is a diverse group of 18 organizations recognizing the need to strengthen state transparency laws. Access to government information allows us to hold government accountable. All Texans deserve to know how our leaders are conducting business and spending taxpayer dollars. Coalition members work with lawmakers of both political parties, encouraging a bipartisan approach to open government. The Texas Sunshine Coalition will support transparency measures in the [...]
Attorney general’s office orders University of Texas to release unredacted NIL service contract
By Asher Price Axios Originally published Jan. 12, 2023 More than a year after Axios asked the University of Texas for a contract with a firm that offers advice on handling the new frontier of student-athletes and sponsorship money, the state attorney general's office forced university officials to fork over an unredacted copy. Why it matters: University administrators officially took no stance on the full release of the contract, but [...]
Waco judge vacates news media portion of gag order for retrial of ex-daycare owner
By Tommy Witherspoon KWTX Originally published Jan. 11, 2023 WACO, Texas - A Waco judge on Wednesday vacated a far-reaching gag order in the Marian Fraser murder case after KWTX attorneys convinced him that his attempt to restrict media coverage of her upcoming retrial is unconstitutional. Judge David Hodges, citing a “clear and present danger” that pretrial publicity surrounding the case could adversely affect the jury selection process, filed an order [...]
Is ERCOT shielded from lawsuits? Legal debate reaches Texas Supreme Court, may have TPIA implications
By Bob Sechler Austin American-Statesman Originally published Jan. 9, 2023 A long-standing contention by the Electric Reliability Council of Texas that it is shielded from lawsuits because of governmental immunity came under legal attack Monday during arguments before the state Supreme Court in two cases with far-reaching implications for the entity that manages the power grid. If a determination is made that ERCOT lacks such immunity, "chaos" would ensue, said [...]
Statesman: Texas lawmakers signed NDAs to quietly obtain Uvalde shooting case file
By Ryan Autullo and Tony Plohetski Austin American-Statesman Originally published Dec. 1, 2022 More than six months after a mass shooting in Uvalde, grieving families and the public are continuing a fierce fight for investigative records, including videos and officer statements, that would help reveal the full truth of the failed law enforcement response at Robb Elementary School. But as they press for answers from records that authorities insist remain [...]