2023 session one of toughest, most successful

The 2023 Texas legislative session was one of the toughest ever for Texas newspapers, but it became one of our most successful.

Almost 12,000 bills and resolutions were filed in the session. TPA staff identified 190 pieces of legislation with the potential to affect newspapers positively or negatively — depending on the subject matter, the bill’s original language and amendments along the way.

We monitored those measures daily and took action as necessary. By session’s end we had taken positions for or against 30 bills.

How’d we do? If politics had been baseball, TPA’s season batting average would have been .767. In case you’re wondering, Ty Cobb batted .419 in his best year, 1911.

For much of the session the outlook for our legislative priorities was grim. Our members came through by lobbying lawmakers at critical junctures, however, and your involvement made the difference. Your staff and the volunteer members of the TPA Legislative Advisory Committee are most grateful.

Although we lost some battles, we prevailed in the overwhelming majority of cases — including our highest priority bills.

Here is a list of the highlights. All bills on the list that passed will go into effect on Sept. 1 unless otherwise noted.

WINS

SB 943 by Lois Kolkhorst (Companion HB 2178 by Hunter) – Public Notice (SUPPORTED)

Caption: Relating to publication of notices by a governmental entity on the Internet websites of a newspaper and the Texas Press Association.

Comment: Modernizes public notice and further entrenches newspapers in the process. Public notices published in newspapers must also be posted free of charge on the newspaper’s website and on TPA’s interactive statewide website.

PASSED. Signed by governor.

HB 30 by Joe Moody — Law Enforcement Transparency (SUPPORTED)

Caption: Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

Comment: So-called “Dead Suspects” bill. The attorney general’s office shall establish and maintain on its Internet website a publicly accessible database of reports submitted to the office under Articles 2.139 and 2.1395. Increases access to information in cases in which the suspect or suspects are deceased.

PASSED.  Governor neither signed nor vetoed but instead “filed” the bill, which allowed it to become law without his signature.

HB 622 by Matt Shaheen  – Public Notice (OPPOSED)

Caption: Relating to the publication of required notice by a political subdivision by alternative media.

Comment: Would have authorized alternative media to satisfy public notice requirements, including social media, free newspapers, school newspapers, a homeowners’ association newsletter or magazine, utility bills, direct mailings and any other form of media authorized by the comptroller.

FAILED. Left pending in House Calendars Committee.

SB 896 by Bryan Hughes  (Companion HB 2781 by Leach) — anti-SLAPP (OPPOSED)

Caption: Relating to the automatic stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.

Comment: Would weaken the Texas Citizens Participation Act — better known as the anti-SLAPP law. SLAPP stands for Strategic Lawsuits Against Public Participation. These are suits intended to silence critics by draining them dry financially.

FAILED. Passed Senate, died on the House general calendar when time ran out.

HB 3033 by Brooks Landgraf – Open Records (SUPPORTED)

Caption: Relating to prompt attorney general decisions under the public information law.

Comment: This bill, originally focused on prompt responses to FOI requests, was amended to include key elements of other important transparency reform bills that had not yet passed on their own — defining business days in the Public Information Act, handling vexatious requestors, access to attorney general settlement records, and release of election records.

PASSED. Signed by governor.

HB 2574 by Stan Lambert (Companion SB 1897 by Brian Birdwell) – Public Notice (OPPOSED)

Caption: Relating to requirements for notice advertising the sale of property to enforce a self-service storage facility lien.

Comment: So-called “Self-Storage Bill.” Would make newspaper notice optional so that property inside a storage unit could be easily claimed and sold by the facility without the lienholder’s knowledge.

FAILED. Passed House 99-46, died in Senate Business & Commerce Committee.

HB 2369 by Stan Kitzman – Public Notice (OPPOSED)

Caption: Relating to publishing on an Internet website notices concerning certain National Pollutant Discharge Elimination System permits.

Comment: NPDES permits document the discharge of pollutants into water in order to ensure the safety of water quality and public health. This bill would have allowed notices for NPDES permits to be hidden on TNRCC’s website in lieu of newspaper notice, which often generates public outcry.

FAILED.  Left pending in House Natural Resources Committee.

SB 509 by Charles Perry (OPPOSED)

Caption: Relating to the confidentiality of certain mug shots.

Comment: Would have severely limited availability of mugshots taken at time of arrest or booking.

FAILED – Left pending in Senate Criminal Justice Committee.

HB 657 by Ernest Bailes – Public Notice (OPPOSED)

Caption: Relating to Internet posting of notice by governmental entities and representatives as an alternative to newspaper publication of notice.

Comment: Would have allowed posting on the government subdivision’s website in lieu of newspaper transparency.

FAILED – Died in House State Affairs Committee.

HB 2710 by Gary VanDeaver (opposed)

Caption: Relating to school district purchasing of and contracting for goods and services.

Comment: Would have eliminated newspaper notice requirements for school-related competitive bidding in favor of notice on the comptroller’s online state business daily. Newspaper notice would have become optional.

FAILED. Died in House Public Education Committee.

HB 1094 by Charles Cunningham (OPPOSED)

Caption: Relating to the disposition of abandoned or unclaimed property seized by a peace officer.

Comment: The bill was pushed by police who wanted to use social media and the department’s website for notices regarding abandoned property.

FAILED.  Passed House, never got a hearing in Senate Criminal Justice.

HB 2159 by Giovanni Capriglione – News Gathering/First Amendment (OPPOSED)

Caption: Relating to the prosecution of the criminal offense of operation of an unmanned aircraft over certain facilities.

Comment: Would have outlawed commercial drone usage, which would include news gathering.

FAILED. Never got a hearing in House State Affairs Committee.

HB 49 by Stephanie Klick – Open Records (SUPPORT)

Caption: Relating to public access to certain hospital investigation information and materials.

Comment: Adds transparency to certain hospital investigations by the State Health Services Commission.

PASSED. Signed by Governor.

HB 1712 by Terry Canales – Open Records (SUPPORT)

Caption: Relating to the inclusion of a magistrate’s name on certain signed orders.

Comment: Requires a magistrate to not only sign a warrant but to print his or her name for the sake of legibility. Bill passed in 2019 but was vetoed. The 2021 bill didn’t make it out of committee.

PASSED. Signed by governor.

HB 1957 by Charlie Geren – Open Records (SUPPORT)

Caption: Relating to the availability of financial information of nonprofit corporations for public inspection.

Comment: Increases financial transparency for non-profit corporations.

PASSED. Signed by governor.

HB 2371 by Chris Turner (Companion SB 835 by Phil King) —  Public Notice  ( SUPPORT)

Caption: Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.

Comment: Good newspaper notice requirement.

PASSED. Signed by governor.

HB 2384 by Jeff Leach – Courts & Judiciary Bill (SUPPORT)

Caption: Relating to court administration, including the knowledge, efficiency, training, and transparency requirements for candidates for or holders of judicial offices.

Comment: Good judicial transparency bill.

PASSED. Signed by governor.

HB 2486 by Cole Hefner - Law Enforcement Transparency (OPPOSED)

Caption: Relating to the confidentiality of certain information in a peace officer’s or firefighter’s personnel file.

Comment: Would have greatly reduced the info available in the personnel file of a law enforcement officer or firefighter.

FAILED. Died in House State Affairs.

HB 2626 by Carl Tepper – Open Records (SUPPORT)

Caption: Relating to the availability on the Internet of reports of political contributions or expenditures filed in connection with certain offices.

Comment: Ethics, lobbying, campaigning reform — campaign transparency bill.

PASSED. Signed by governor.

HB 3440 by Terry Canales —Open Meetings (SUPPORT)

Caption: Relating to a requirement to post the agenda of an open governmental meeting on the Internet.

Comment: Strengthens requirement that a meeting notice include the agenda, regardless of the size of the jurisdiction. Existing law required agenda posting only by midsize and larger jurisdictions.

PASSED. Signed by governor.

HB 4292 by Mike Schofield – Open Records (OPPOSED)

Caption: Relating to the entitlement of persons not residing in this state to public information.

Comment: Would have made public information law optional if the requestor is from outside Texas.

FAILED. Never got hearing in House State Affairs.

SB 1032 by Lois Kolkhorst  (Companion HB 2475 by Todd Hunter) — Public Notice (SUPPORT)

Caption: Relating to oyster certificates of location and the closure of oyster beds.

Comment: Due to a bill-writing error, this measure initially would have eliminated longstanding newspaper notice requirements for oyster bed closures, but the authors willingly amended it once we called the error to their attention. A bill that would have been bad for newspapers and for transparency became one we could support.

PASSED. Signed by governor.

SB 1670 by Morgan Lamantia — Open Records (SUPPORT)

Caption: Relating to required boating incident reports.

Comment: Bill increases transparency and allows newspapers access to boating incident reports.

PASSED. Signed by governor.

 

LOSSES

HB 527 by Gene Wu (OPPOSED)

Caption: Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights.

Comment: Motion to Dismiss exception — another bill to weaken the anti-SLAPP law. This one makes the Texas Citizens Protection Act (better known as the AntiSLAPP Act) no longer apply to a legal malpractice claim.

PASSED. Signed by governor.

SB 818 by Carol Alvarado (OPPOSED)

Caption: Relating to the disposition of real property interests by navigation districts and port authorities.

Comment: This bill eliminates a minor newspaper notice requirement for sale or gift of small pieces of public property belonging to navigation districts and port authorities.

PASSED. Signed by governor. Effective immediately.

HB 390 by Donna Howard (similar to SB 42 by Sen. Judith Zaffirini) — Remote Meetings (SUPPORT)

Caption: Relating to the Internet broadcast or audio recording of certain open meetings.

Comment: Certain governmental bodies would be required to video broadcast their open meetings via video and audio.

FAILED. Passed House, died in Senate Business and Commerce Committee.

HB 2309 by Todd Hunter (Similar to SB 46 by Zaffirini) – DOB’s (SUPPORT)

Caption: Relating to the availability of dates of birth under the public information law.

Comment: Would restore access to dates of birth in criminal justice and political candidate records.

FAILED. Passed House, died in Senate Business and Commerce

HB 2492 by Giovanni Capriglione (Companion to SB 680 by Sen. Nathan Johnson) — Contracting Transparency (SUPPORT),

Caption: Relating to the disclosure of certain contracting information under the public information law.

Comment: This is chapter two of the “Boeing Fix.” In 2021 HB 943 was enacted to restore public access to information in government contracts that was lost due to a 2015 Supreme Court ruling. Despite the 2021 law, information is still being withheld through loopholes. This bill sought to close the loopholes.

FAILED - Died in House State Affairs Committee

HB 2493 by Giovanni Capriglione (Companion to SB 965 by Nathan Johnson, similar to SB 45 by Judith Zaffirini) Public Records  (SUPPORT)

Caption: Relating to maintenance and production of electronic public information under the public information law.

Comment: User-friendly information access bill. Data should be released in the form in which it is stored, and in a format that is both searchable and sortable.

FAILED - Passed House, died in Senate Business & Commerce

HB 2874 by John Smithee (Companion to SB 2286 by Sen. Mayes Middleton) – Open Records  (SUPPORT)

Caption: Relating to the assessment of litigation costs and attorney fees to certain lawsuits under the public information law.

Comment: Attorney’s fees bill. Waiting until the last minute to release public records while legal bills mount is a delaying tactic that costs the requestors dearly. This bill would allow recovery of attorney fees and costs of litigation.

FAILED — Died in House State Affairs.