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Self Storage Bill making newspaper notice optional. Includes vague language ("commercially reasonable manner") that would allow notice to be circumvented entirely.

Companion is HB 2574

Comments: Section (d) is problematic: “If another law requires a governmental body to post notice, on a bulletin board or otherwise, the governmental body may comply with that law through the use of an electronic bulletin board.”

Met with author's chief of staff who says the intent of the bill does not apply to public notices. 

"Secure digital original" means an original digital deposition transcript in a readable format that cannot be altered, printed, or saved.

Excepts from disclosure certain electronic information from a laptop, tablet, electronic storage device, etc. that was obtained during an investigation or prosecution of a crime 

3/21 Met with King's general counsel. Bill targets defendant's device, not law enforcement. Change from Opposed to monitor.

 

Makes it illegal to publish a mug shot unless the subject is convicted or is a fugitive.

3/20: Met with Bucy's staff to express our concerns. 

3.21 Bucy's policy analyst (Valerie Torrealba) says, "I found that Section 109.002 of the Business and Commerce Code already states that this chapter would not apply to news websites, newspapers, pamphlets or reports, which is why this provision is not included in HB 3825. 

Reid Pillifant agrees that law does not apply to newspapers

This bill would increase access to public information by eliminating some of the privileges that currently allow for withholding. The “basic information” piece would make clear that basic information about an incident (which the press has a right to) is not limited to just arrests and crimes, but would apply to incidents that don’t necessarily result in an arrest. 

3/15/23 Reviewed HB 3699 again. We concluded that the bill does not remove any current newspaper notice, but rather increases transparency in municipal approval of subdivision plans by putting certain documentation online.

We removed bill from our list.

Can a clerk just modify a record because someone asks? Reid: "I do think that's what it means. It would have to be someone who fits the definition in 552.114 and would have to be the kind of information that's described there. But if it fits the bill, the this bill would require the clerk to redact at their request. Might be worth having a conversation with the author.

3/15/23 We further reviewed the bill and concluded that the bill did no harm and removed it from our list.

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