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Author
Bettencourt, Paul (R)
Caption
Relating to an expedited response by a governmental body to a request for public information.
Session
Bill Status
Failed: Passed Senate; died in House State Affairs
Updated
2023.05.15
Bill Type
Open Records
Position
Opposed
Priority
1
Comments

This is same bill filed in 2019. We were #2 opposed. It adds penalty for failure to respond to open records request, which is good. However, the bill essentially turns the TPIA upside down by placing the onus on the requestor to justify why the information he’s seeking should be made available. Currently it’s the respondent’s responsibility to explain their legal reasoning for withholding it. Additionally, it’s hard to explain why something is legally accessible when you may not know exactly what it is that they’re withholding. 
Committee substitute provided by James Quintera of TPPF turned this into a good bill. The sub was acceptable by Bettencourt and was laid out in committee as such. No opposition testimony was given since the original bill would be substituted. 

Opponents misled: Original language (not substitute) voted favorably from committee

Shannon on Senate Floor Amendment: "It DOES NOT remove the objectionable language - the core of his bill - that would allow governments to redact whatever information they want without seeking an attorney general ruling. It would force requestors to ask twice for the information by embarking on a complex appeals process themselves with the AG after a government turns down their initial request. It shifts the burden in our law, taking away important information rights from individual Texans under the Texas Public Information Act.