HB111 - Relating to the applicability of the public information law, including the disclosure of information in the possession, custody, or control of certain governmental bodies.

      By: Capriglione, et al. H.B. No. 111         (Senate Sponsor - Hughes, et al.)          (In the Senate - Received from the House May 7, 2025;   May 19, 2025, read first time and referred to Committee on Business &   Commerce; May 26, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 6, Nays 5;   May 26, 2025, sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 111 By:  Campbell     A BILL TO BE ENTITLED   AN ACT     relating to the applicability of the public information law,   including the disclosure of information in the possession, custody,   or control of certain governmental bodies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.003(1), Government Code, is amended   to read as follows:                (1)  "Governmental body":                      (A)  means:                            (i)  a board, commission, department,   committee, institution, agency, or office that is within or is   created by the executive or legislative branch of state government   and that is directed by one or more elected or appointed members;                            (ii)  a county commissioners court in the   state;                            (iii)  a municipal governing body in the   state;                            (iv)  a deliberative body that has   rulemaking or quasi-judicial power and that is classified as a   department, agency, or political subdivision of a county or   municipality;                            (v)  a school district board of trustees;                            (vi)  a county board of school trustees;                            (vii)  a county board of education;                            (viii)  the governing board of a special   district;                            (ix)  the governing body of a nonprofit   corporation organized under Chapter 67, Water Code, that provides a   water supply or wastewater service, or both, and is exempt from ad   valorem taxation under Section 11.30, Tax Code;                            (x)  a local workforce development board   created under Section 2308.253;                            (xi)  a nonprofit corporation that is   eligible to receive funds under the federal community services   block grant program and that is authorized by this state to serve a   geographic area of the state;                            (xii)  a confinement facility operated under   a contract with any division of the Texas Department of Criminal   Justice;                            (xiii)  a civil commitment housing facility   owned, leased, or operated by a vendor under contract with the state   as provided by Chapter 841, Health and Safety Code;                            (xiv)  an entity that receives public funds   in the current or preceding state fiscal year to manage the daily   operations or restoration of the Alamo, or an entity that oversees   such an entity; [ and ]                            (xv)   a nonprofit state association or   organization that:                                   (a)     is primarily composed of   similarly situated local governmental entities, as defined by   Section 552.1085(a)(4);                                   (b)     has more than 30 full-time   employees; and                                   (c)  receives public funds; and                             (xvi)   the part, section, or portion of an   organization, corporation, commission, committee, institution, or   agency that spends or that is supported in whole or in part by   public funds; and                      (B)  does not include:                            (i)  the judiciary; or                            (ii)  an economic development entity whose   mission or purpose is to develop and promote the economic growth of   a state agency or political subdivision with which the entity   contracts if:                                  (a)  the entity does not receive $1   million or more in public funds from a single state agency or   political subdivision in the current or preceding state fiscal   year; or                                  (b)  the entity:                                        (1)  either:                                              (A)  does not have the   authority to make decisions or recommendations on behalf of a state   agency or political subdivision regarding tax abatements or tax   incentives; or                                              (B)  does not require an   officer of the state agency or political subdivision to hold office   as a member of the board of directors of the entity;                                        (2)  does not use staff or office   space of the state agency or political subdivision for no or nominal   consideration, unless the space is available to the public;                                        (3)  to a reasonable degree,   tracks the entity's receipt and expenditure of public funds   separately from the entity's receipt and expenditure of private   funds; and                                        (4)  provides at least quarterly   public reports to the state agency or political subdivision   regarding work performed on behalf of the state agency or political   subdivision.          SECTION 2.  Subchapter A, Chapter 552, Government Code, is   amended by adding Section 552.0037 to read as follows:           Sec.   552.0037.     NONPROFIT STATE ASSOCIATION OR   ORGANIZATION. A record or communication created by a nonprofit   state association or organization described by Section   552.003(1)(A)(xv) is not public information and not subject to this   chapter if that record or communication was created before   September 1, 2025.          SECTION 3.  Section 552.106, Government Code, is amended by   adding Subsection (c) to read as follows:           (c)     The exception to disclosure provided by this section   does not apply to governmental bodies described by Sections   552.003(1)(A)(ii)-(xv), other than special districts created under   Section 59, Article XVI, Texas Constitution.          SECTION 4.  Section 552.107, Government Code, is amended to   read as follows:          Sec. 552.107.  EXCEPTION: CERTAIN LEGAL MATTERS. (a)   Information is excepted from the requirements of Section 552.021   if:                (1)  it is information that the attorney general or an   attorney of a political subdivision is prohibited from disclosing   because of a duty to the client under the Texas Rules of Evidence or   the Texas Disciplinary Rules of Professional Conduct; or                (2)  a court by order has prohibited disclosure of the   information.           (b)     The exception to disclosure provided by this section   does not apply to:                 (1)     a communication with an attorney or an attorney's   representative that is not a confidential communication made for   the purpose of facilitating the rendition of professional legal   services to the governmental body; or                 (2)  a report, audit, or other material that:                       (A)     was created in the absence of pending,   reasonably anticipated, or threatened litigation;                       (B)     was not created at the request of an attorney   or attorney representative to facilitate the rendition of   professional legal services to the governmental body; and                       (C)     does not contain confidential communications   made for the purpose of facilitating the rendition of professional   legal services to the governmental body.           (c)     When rendering a decision under Subchapter G as to   whether requested information is within the scope of the exception   to disclosure provided by this section, the attorney general shall:                 (1)     restrict the scope of the attorney-client   privilege by construing the exception narrowly and in favor of the   public's interest in maximum government transparency; and                 (2)     if the attorney general determines that the   requested inf [Text truncated for display. Full text available on Congress.gov.]