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79th LEGISLATURE Good and bad bills affecting public notice, sunshine lawsGood Bills That Passed
HB 26 by Delisi: Creating an online database for state and local governmental entities’ contracts worth $5 million or more
HB 843 by Truitt: Requiring public hearing and notice of hearing before wireless communication tower construction can commence HB 1763 by Cook of Colorado: Requiring public notice of enforcement of rules by groundwater conservation districts [companion SB 344 by Duncan] HB 2197 by Madden: Amending the Public Information Act so that Texas Department of Criminal Justice inmate photos are public information HB 2381 by Hegar: Allowing the posting of meeting notices on official local governmental web sites and stipulating that Internet notice must be in addition to traditional posting of hard copy SB 121 by Duncan: Amending Public Information Act by adding 552.030, “Right of Access to Investment Information” [companion HB 223 by Gattis] SB 148 by Wentworth: Removing Public Information Act exception for photographs of security guards [eff. 5/3/05] [companion HB 1284 by Swinford] SB 286 by Wentworth: equiring public officials to receive training in Texas open government laws [eff. 1/106] (Companion HB 634 by Baxter) SB 343 by Brimer: Requiring public notice of placement of water wells in unincorporated areas of a county [companion HB 996 by Geren] SB 452 by Wentworth: Transferring all duties of the Texas Building and Procurement Commission pursuant to the Texas Public Information Act to the Office of the Attorney General
SB 511 by Deuell: Requiring state universities to adopt policies allowing for public testimony at regular board meetings SB 727 by Wentworth: Amending Public Information Act copy cost guidelines, time period for review of documents and other matters (a cleanup bill written by the Open Records Steering Committee) SB 945 by Armbrister: Requiring a member of the governing body of a port authority or navigation district or a vendor to disclose a conflict of interest
Good Bills That Failed
HB 47 by Keel: Creating a civil penalty for public officials who refuse to release arrest or search warrant information in accordance with Public Information Act
HB 54 by Branch: Requiring record votes on final passage of bills before Legislature and public notice
HB 72 by Naishtat: Creating new expenditure-reporting requirements for political campaigns and banning sham issue ads paid for and placed by corporations and unions 60 days before a general election or 30 days before a primary
HB 91 by Rodriguez: Making information collected by Insurance Department public information
HB 188 by Peña: Creating a qualified testimonial privilege for journalists (shield
law) [companion SB 604 by Ellis]
HB 415 by Baxter: Requiring board of trustees to give public notice of name or names of finalists being considered for position at least 21 days before date of meeting at which final action or vote is to be taken on employment of the person; and defining “finalist” as an applicant the board has interviewed two or more times.
HB 462 by Dutton: Making grand jury testimony secret only during term of the grand jury, including a term during which a grand jury has been extended
HB 476 by Rose: Requiring board members of metropolitan planning organizations to file a personal financial statement with Texas Ethics Commission; failure to file would be Class B misdemeanor
HB 563 by Deshotel: Making disbursements from Universal Service Fund subject to Public Information Act
HB 879 by Madden: Allowing sale of delinquent tax receivables to private entities through competitive bidding process, and requiring public notice [companion SB 477 by Janek]
HB 991 by Chisum: Disallowing the Texas Environmental Quality Commission from approving a voluntary emissions reduction agreement unless the agency has first provided the public notice and opportunity to comment on a proposed agreement
HB 1006 by Isett: Amending required public notice of vote on tax rate increase and rollback
HB 1008 by Martinez-Fischer: Allowing increased public access to information about complaints against hospitals and mental hospitals; would have restored public access lost in legislation passed in 1999
HB 1083 by Martinez-Fischer: Making an independent organization that produces or sells electricity and was established by a power region and licensed by the Pubic Utility Commission subject to the Public Information Act
HB 1127 by Uresti: Making an independent organization that produces or sells electricity and was established by a power region and licensed by the Pubic Utility Commission subject to the Public Information Act
HB 1325 by Eissler: Permitting direct communication between school district employees and members of a school board
HB 2046 by Puente: Making a director of a water district who has been elected to the board but has not qualified to serve as director subject to the Open Meetings Act
HB 2168 by Goolsby: Making a district or county clerk, an employee of a district or a county clerk not criminally or civilly liable for a good faith release of public information subsequently expunged
HB 2215 by Bailey: Making all property owner associations subject to Public Information Act
HB 2346 by Raymond: Requiring courts to report the number of frivolous lawsuits filed each year and to provide copies of any signed pleading or
motion related to those cases to the Office of Court Administration of Texas Judicial System and to make reports of those cases available to the public
HB 2544 by Hamric: Making sanctions against an alcoholic beverage permit holder public information [companion SB 421 by Whitmire]
HB 2547 by Goolsby: Requiring an institution of higher education to release names of applicants for position of CEO if interviewed two or more times
HB 2851 by Uresti: Requiring Department of Human Services to provide to a public requestor information concerning reported abuse or neglect that would otherwise be confidential if the department has edited the information to protect the identity of the person who made the report, the child who is the subject of the report, and any other person whose life or safety may be endangered by the disclosure
HB 3078 by Naishtat: Requiring record votes on all bills before each house or committee of the Legislature [companion SB 1140 by Carona]
HJR 13 by Branch: Constitutional amendment proposing to require the Legislature to take record votes on all bills for final passage and to publish a those votes on the Internet
HJR 17 by Peña: Constitutional amendment proposing to require the Legislature to take record votes on most matters before the Legislature [companion SJR 6 by Carona]
HJR 27 by Naishtat: Proposing a constitu
tional amendment to require a house or committee of the Legislature to take a record vote on certain legislative measures and actions [companion SJR 6 by Carona]
HJR 39 by Laubenberg: Proposing a constitutional amendment to require the house of representatives to take a record vote on approval of a bill or joint resolution
HJR 55 by Alonzo: Proposing a constitutional amendment to require a house or committee of the Legislature to take a record vote on certain legislative measures and actions
SB 319 by Shapleigh: Requiring state investment funds to post investment information on the Internet
SB 365 by Staples: Making a second offense of burglarizing a coin-op machine a state jail felony; would apply to news racks
SB 386 by Wentworth: Permitting school district employees to communicate directly with a member of board of trustees without restriction regarding a matter relating to operation of district and providing for confidentiality of such communication
SB 421 by Whitmire: Making sanctions against a alcoholic beverage permit holder public information [companion HB 2544 by Hamric]
SB 447 by Janek: Allowing sale of delinquent tax receivables to private entities through competitive bidding process and requiring public notice [companion HB 879 by Madden]
SB 458 by Fraser: Making all time and
expense records of a local governmental contingency fee contract for legal services subject to required public disclosure
SB 504 by West of Dallas: Making arbitration award filings public information
SB 505 by West of Dallas: Requiring arbitrators to file with Secretary of State
SB 548 by Ellis: Requiring the presiding officer of the Board of Pardons and Paroles to announce publicly the individual members’ decisions as to whether to recommend clemency and requiring each member to sign their name with reasons, if any, for the recommendation
SB 549 by Ellis: Making information about investments and companies within funds managed by private investment companies operating under the authority of the University of Texas Board of Regents public information
SB 604 by Ellis: Creating a qualified testimonial privilege for journalists (shield law) [companion HB 188 by Peña]
SB 743 by Fraser: Making meetings of the governing body of independent organization like ERCOT or an ERCOT subsidiary subject to the Open Meetings Act, and requiring members of those entities to publicly disclose a conflict of interest and to recuse himself or herself from deliberations on such matters
SB 1384 by Shapiro: Requiring rules adopted by a regional tollway authority to be published in a newspaper
Bad Bills That Passed
HB 345 by Solomons: Making date of birth on voter registration no longer public information
HB 867 by Allen of Grand Prairie: Eliminating requirement that local law enforcement publish pre-release newspaper notices about certain registered sex offenders; local law enforcement authorities would have authority to publish at their discretion newspaper notices about registered sex offenders [eff. 9/1/05]
HB 976 by Madden: Allowing the Texas Building and Procurement Commission to deliberate in a closed meeting regarding business and financial considerations of a contract being negotiated
HB 1285 by Swinford: Amending the Public Information Act so that the charter or an ordinance of a municipality or an order of the commissioners court of a county including an investigation would be considered audit information and therefore confidential [eff. 5/27/05] [companion SB 147 by Wentworth]
HB 2476 by Delisi: Allowing the Texas Medical Disclosure Panel to meet via telephone conference call, video conference call or other telecommunication device
HB 2511 by Denny: Amending ethics law so an appointed public officer who is still serving in office after resignation or term has expired would not have to file a financial disclosure [companion SB 1276 by Harris]
HB 2702 by Krusee: Making confidential a private entity’s proposal for a comprehensive development agreement for transportation facilities unless the private entity consents to disclosure
HB 2753 by Pitts: Making confidential all conversations, correspondence and electronic communications between a member of the Legislature or the lieutenant governor and an assistant or employee of the Legislative Budget Board that relate to a request by the official for information, advice or opinions from an assistant or employee of the board, unless the member or lieutenant governor chooses to disclose all or a part of the communications [companion SB 1617 by Ogden]
HB 2876 by Callegari: Killing requirement for public notice of an eminent domain action by a municipality relating to water or sewer service
HB 3093 by Peña: Enabling the Department of Public Safety to expunge criminal records of its own employees
SB 166 by West of Dallas: Requiring the Department of Public Safety to destroy a criminal record that has been expunged
SB 402 by Nelson: allowing a disciplinary panel of the Texas Board of Podiatric Examiners to meet by telephone regarding temporary suspension of license [eff. 9/1/05]
SB 410 by Whitmire: Allowing a disciplinary panel of the Texas Board of Pharmacy to meet by telephone conference call “if immediate action is required and convening of the panel at a location is inconvenient for any member of the disciplinary panel” [companion HB 1040 by Truitt]
SB 419 by Nelson: Allowing disciplinary panels of the Texas state boards of Medical Examiners, Physician Assistant Examiners and Acupuncture Examiners to hold meetings by telephone conference call “if immediate action required and convening of panel at one location is inconvenient for any member of disciplinary panel” [companion HB 1944 by Solomons]
SB 450 by Wentworth: Making personal information of prosecutors’ office employees confidential
SB 1537 by Armbrister: Killing various public notice requirements pertaining only to the Harris-Galveston Coastal Subsidence District and the Fort Bend Subsidence District [eff. 5/27/05] [companion HB 1680 by Callegari]
Bad Bills That Failed
HB 44 by Davis of Dallas: Closing off complaint and investigation information on nutritionists [companion SB 989 by Carona]
HB 117-119 + 155 by Davis of Dallas: Repealing newspaper industry sales and use tax exemptions
HB 229 by Solomons: Sunsetting newspaper industry sales and use tax exemptions
SB 288 by Shapleigh: Allowing donated salvage property to be transferred to Mexican government with public notice
HB 305 by Goodman: Allowing less than a quorum of members of a governmental body to meet and discuss public business without calling a public meeting
HB 318 by Hupp: Closing off public access to names of concealed handgun permit holders
HB 377 by Talton: Closing off list of names and addresses of people to whom an early voting mail ballot has been sent; making it a Class C misdemeanor to release the information
HB 433 by Dutton: Restricting disclosure of criminal history information and creating penalties for unauthorized release
HB 435 by Dutton: Facilitating automatic expunction of felony and misdemeanor arrest information
HB 457 by Dutton: Closes off access to information relating to a threat against a peace officer
HB 683 by Solis: Allowing Texas State Board of Physician Assistant Examiners to meet via telephone
HB 697 by Dutton: Expanding conditions under which a person may apply to have their criminal record expunged
HB 971 by Talton: Amending Public Information Act so that before giving access to a document or providing a copy of a document, county clerk or district clerk may obtain and make a permanent record of the name, address, and date of birth of the person requesting the document
HB 974 by Madden: Amending Civil Practice & Remedies Code exempting construction contract dispute boards and board members from any kind of public disclosure of information related to a dispute
HB 1684 by Casteel: Creating a Public Information Act exception for certain real property appraisal information so that before formal awarding of contract, price of property bought or sold for a public purpose is not public information
HB 1922 by Allen of Grand Prairie: Allowing authorities under drug court program to issue an order of nondisclosure with respect to charge against the defendant, provided the defendant is otherwise eligible for the order
HB 2247 by Isett: Allowing a governing body of a state agency to conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the governing body votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and (2) the attorney advising the governing body issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person
HB 2312 by Howard: Killing the requirement that a municipal officer who does not receive compensation for serving as an officer or a candidate for such an office file a personal financial statement.
HB 2397 by Solis: Allowing State Board of Medical Examiners, State board of Physician Assistants and State Board of Acupuncture to conduct public hearings by telephone
HB 2557 by Kuempel: Exempting from public disclosure information in a personnel file relating to the evaluation or assessment of an employee of a governmental body, but would not apply to administrative head or division or department head
HB 2616 by Eiland: Allowing Texas Windstorm Association board to meet via telephone [companion SB 1085 by Jackson]
HB 2755 by Krusee: Allowing regional mobility authority board and any combination of board or staff to meet via telephone conference call
HB 2664 by Hodge: Allowing a person to have all records and files relating to their arrest for a Class C misdemeanor expunged if the person if the act was committed not less than five years before filing a petition for expunction and has not been convicted of or placed on deferred adjudication community supervision for any other offense after the date on which the Class C misdemeanor was committed; and is not subject to pending charges for any other offense at the time of filing the petition
HB 2758 by Bonnen: Allowing Texas Environmental Quality Commission to notify only the applicant, the office of public interest counsel, the executive director, and the person who requested the hearing of a contested case hearing [companion SB 1542 by Armbrister]
HB 2771 by Farabee: Allowing the final sanction by the State Board for Educator Certification to be unpublished and not intended to appear in the educator’s official certification records
HB 2854 by Uresti: Creating the office of state inspector general and making all information and material compiled by an inspector general during an investigation or audit confidential and not subject to disclosure, discovery, subpoena or other means of legal compulsion for release to anyone other than the office or its agents [companion SB 1651 by Staples]
HB 2910 by Davis of Houston: Making autopsies of homicide victims confidential unless obtained by subpoena [companion SB 1274 by Jackson]
HB 3090 by Jones of Lubbock: Allowing county commissioners court or governing body of municipality not to conduct an open meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a member of an advisory body; or to hear a complaint or charge against a member of an advisory body
SB 299 by Wentworth: Exempting home-rule municipalities with a population of more than a million from releasing the names of applicants for city manager
SB 1327 by Armbrister: Allowing video lottery terminals on Indian lands with confidentiality provisions not in the spirit of open government
SB 1341 by Madla: Allowing the board of the Texas Department of Housing and Community Affairs to meet in executive session with the department’s internal auditor, fraud prevention coordinator or ethics advisor to discuss issues related to fraud, waste or abuse
SB 1403 by Armbrister: Excepting Texas Lottery Commission security plans and procedures relating to video lotteries from public disclosure
SB 1542 by Armbrister [companion HB 2758 by Bonnen]: Allowing the Texas Environmental Quality Commission to limit notification of contested case hearings only to the parties involved, rather than to the general public
Other Important Bills
HB 2 by Grusendorf/Shapiro: School finance. This bill carried a bad House floor amendment by Rep. Brian McCall of Plano, giving school districts the option of placing competitive bidding notices in web sites exclusively. Sen. Florence Shapiro, also of Plano, stripped off McCall’s amendment in her committee substitute to the bill.
HB 3 by Jim Keffer: Property tax reform. This bill carried a bad House floor amendment by Rep. Robert Puente of San Antonio, singling out the newspaper industry for a repeal of sales and use tax exemptions. Rep. Charlie Geren of Fort Worth authored an amendment to the House’s final version of the bill that killed Puente’s amendment.
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