By Freedom of Information Foundation of Texas
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 police departments to withhold records when a person dies in police custody or in other interactions with law enforcement. House Bill 30, which had been debated in previous sessions, 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.
Moody tweeted that closing the loophole was about policy and people, saying, “I worked this for six years, but Uvalde elevated the issue for the last one, and I’m so proud to finally deliver a path to the answers the people deserve.”
“This is a huge step in protecting the public’s right to know. We look forward to the governor signing this important bill,” added Kelley Shannon, executive director of the nonprofit Freedom of Information Foundation of Texas.
Another significant and successful open government measure this session defines “business days” in the Public Information Act to ensure consistency in how the law is carried out. It is included in House Bill 3033 by Rep. Brooks Landgraf, R-Odessa, and sponsored by Sen. Judith Zaffirini, D-Laredo, in the Senate.
Like the Moody legislation closing the law enforcement loophole, which was sponsored by Sen. Phil King, R-Weatherford, in the Senate, the Public Information Act legislation by Landgraf and Zaffirini was a bipartisan effort involving multiple lawmakers.
“We have had the pleasure of working with stakeholders and lawmakers from both sides of the aisle this session and are thrilled to see the Texas Legislature prioritizing increasing government transparency by closing off loopholes in the law and ensuring consistent application of the Texas Public Information Act in the future,” said First Amendment attorney Laura Prather, legislative committee co-chair of the FOI Foundation of Texas.
This year marks the 50th anniversary of the Texas Public Information Act. The FOI Foundation joined more than a dozen other organizations in forming the Texas Sunshine Coalition, a diverse group spanning the policy and political spectrum that aims to protect and improve the landmark law.
The “business days” legislation will ensure uniformity in the timelines for how governments across Texas respond to Public Information Act requests. Currently, many governments come up with their own rules for what constitutes a business day by declaring that days don’t count if an office’s physical doors are closed on work-from-home days or self-declared “skeleton crew” days. This problem intensified during the COVID-19 pandemic.
Rep. Terry Canales, D-Edinburg, filed the reform bill as stand-alone legislation in the House then worked with Landgraf to amend it to House Bill 3033. It was a leading initiative of the Texas Sunshine Coalition.
The base bill by Landgraf calls for the prompt release of basic government information to those requesting it and requires improved communication by the governmental body to requestors. In a separate amendment to the bill, Sen. Nathan Johnson, D-Dallas, added a section protecting requestors’ rights amid the temporary withholding of records related to settlement negotiations in big lawsuits waged by the Texas Attorney General’s Office.
Moody also shepherded an amendment to help governments deal with repeat requestors who use large amounts of government staff time and are suspected of using pseudonyms to get around time limits in the law. Moody worked with transparency advocates to ensure the rights of all information requestors are safeguarded in the legislation.
Yet another bill, HB 3440 by Canales and Sen. Juan “Chuy” Hinojosa, D-McAllen, adds to the public posting requirements for government meeting notices and agendas, stating that they must be posted on a government’s website.
Among the other lawmakers working this session on transparency legislation were Rep. Todd Hunter, R-Corpus Christi; Sen. Lois Kolkhorst, R-Brenham; Rep. Dustin Burrows, R-Lubbock; Rep. Giovanni Capriglione, R-Southlake; Sen. Mayes Middleton, R-Galveston; and Rep. John Smithee, R-Amarillo.
The FOI Foundation of Texas and numerous organizations and lawmakers also succeeded in opposing a proposal that would have removed key provisions of the state’s anti-SLAPP statute, which protects free speech and is known as the Texas Citizens Participation Act.
“Fighting for open government and free speech requires a team approach,” Shannon said. “We thank everyone who worked on these issues to benefit Texans now and for years to come.”
