FEATURED: South Texas attorney Omar Ochoa prepares to be featured in a television commercial at the KRGV-TV studio in Weslaco on Thursday, July 28, 2022. More information on his McAllen-based firm is available online at https://biglink.to/gVaA.
Photograph Courtesy OMAR OCHOA LAW FIRM
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Birth dates of political candidates, and of all adults with criminal arrests and convictions by Texas entities, would become public record under House Bill 2309 by Rep. Todd Hunter, R-Corpus Christi, approved by House of Representatives, reports attorney Omar Ochoa
DAVID A. DÍAZ
[email protected]
Dates of birth of political candidates, and all criminal arrests and convictions of adults by Texas entities, would become public record under House Bill 2309 by Rep. Todd Hunter, R-Corpus Christi, approved by the House of Representatives on Friday, April 14, 2023, reports attorney Omar Ochoa.
That measure must still be approved by the Senate, and not vetoed by Gov. Greg Abbott.
A veto is the power of a Texas governor to kill a measure passed by the Texas Legislature.
A bill is type of legislative measure that requires passage by the Texas Senate and the Texas House of Representatives, and action by the governor in order to become effective. A bill is the primary means used to create and change the laws of the state. “Bill” types include Senate and House bills, Senate and House joint resolutions, Senate and House concurrent resolutions, and Senate and House resolutions.
With the 88th Texas Legislature entering the final stretch of its 140-day regular session, House Bill 2309 is one of more than a dozen major proposals designed to improve government transparency and accountability in the Lone Star State are ready to move forward, said Ochoa.
In general, transparency is the availability of accurate information about various issues and the commitments and performance of individuals. Accountability is holding institutions and actors accountable for their commitments and performance.
https://spidercenter.org/programmes/transparency/
The last day for the Texas Legislature to meet in Austin at the State Capitol for the ongoing 88th Regular Session isMonday, May 31, 2023.
Ochoa provides regular reports to the public on federal, state, and local laws that impact journalism, communications, freedom of speech issues, and transparency in government.
A graduate of the University of Texas at Austin as well as the UT School of Law, Ochoa is an advocate for transparency in government, provides regular reports to the public on federal, state, and local laws that impact journalism, communications, freedom of speech issues, and transparency in government.
Some of the key measures that are before the Texas Legislature which deal with government transparency and accountability involve the following topics:
• Dates of birth (House Bill 2309, Senate Bill 46);
• Contracting transparency(Senate Bill 680, House Bill 2492);
• Public records business days (Senate Bill 618, House Bill 2135, Senate Bill 43, Senate Bill 44);
• Public records and attorneys’ fees (House Bill 2874, Senate Bill 2286);
• Addressing public notices (Senate Bill 943,House Bill 2178); and
• Searchable-sortable records (Senate Bill 965, Senate Bill 45, House Bill 2493).
“Those and numerous other legislative proposals would affect Texas’ two most powerful sets of laws – the Texas Public Information Act and the Texas Open Meetings Act – that give citizens the rights to know what elected and appointed public officials are doing, and to require governmental entities, from the smallest school district to the Texas Legislature, to conduct the people’s business in the open.”
According to the Office of the Texas Attorney General:
• The Texas Public Information Act, which assures that government entities give citizens access to information about what public servants are doing on their behalf – information they need to gain a more complete understanding of hope their government works and hold their public officials accountable.
https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/open-government/publicinfo_hb.pdf
• The Texas Open Meetings Act, which provides that meetings of governmental bodies must be open to the public (except for expressly authorized executive sessions). Texas law has long agreed the inherent right of Texans to govern themselves depends on their ability to observe how public officials are conducting the people’s business. That is why the Texas Open Meetings Act was enacted, to ensure that Texas government is transparent, open, and accountable to all Texans.
https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/open-government/openmeetings_hb.pdf
“One of the many individuals and organizations in Texas which support the Texas Public Information Act and the Texas Open Meetings Act is the Freedom of Information Foundation of Texas,” Ochoa noted.
“By going to their website, anyone can find out the key bills which have been filed by state lawmakers, and get directly involved the shaping those legislative measures.”
“Transparency advocates will be speaking out until the legislative session ends May 29 to urge passage of these proposals that shine light on government enable us to hold it accountable,” said Kelley Shannon, Executive Director, Freedom of Information Foundation of Texas. “Simply put, open government is good government.”
The Freedom of Information Foundation of Texas is one of the 18 organizations which are members of the Texas Sunshine Coalition, which is working on protecting or improving the Texas Public Information Act and the Texas Open Meetings Act.
Other members of the Texas Sunshine Coalition are:
• American Civil Liberties Union of Texas;
• Americans for Prosperity;
• Common Cause;
• Every Texan;
• FIRE;
• Grassroots America;
• Institute for Justice;
• League of Women Voters of Texas;
• Public Citizen;
• Southern Methodist University School of Law First Amendment Clinic;
• PublicData.com;
• Texas Appleseed;
• Texas Association of Broadcasters;
• Texas Association of Licensed Investigators;
• Texas Press Association;
• Texas Public Policy Foundation; and
• Texans United for Reform and Freedom.
With more than 5,000 bills filed, many of those measures never become law because:
• They are never scheduled for a public hearing before a Senate or House of Representatives committee;
• They are defeated in a Senate or House of Representatives committee;
• They are never scheduled for a vote in the Senate or House of Representatives;
• They are defeated in the Senate or House of Representatives;
• They are vetoed (killed) by the governor; or
• The 140-day regular session ends before those bills are approved by the full Texas Legislature.
But Shannon remains hopeful about the fate of government transparency efforts during the ongoing 88th Texas Legislature regular session.
“To witness bipartisanship at the Texas Capitol, look to the lawmakers who are working to improve open government laws,” she said. “Legislators from both political parties are igniting interest in transparency and creating the opportunity for all lawmakers to protect the people’s right to know. They’re carrying on our state’s legacy of openness.”
Additional information about key legislation being promoted by the Texas Sunshine Coalition, with comments by Shannon, follow:
Dates of birth
“Birthdates in criminal justice documents, such as police reports and incarceration records, and in candidates’ applications for public office allow the public to accurately identify a person. Correctly identifying someone charged with a crime protects the reputation of those who have the same name but aren’t facing charges,” said Shannon. “A date of birth also helps with thorough vetting (background check) of political candidates.”
House Bill 2309 by Rep. Todd Hunter, R-Corpus Christi, and Senate Bill 46 by Sen. Judith Zaffirini, D-Laredo, allow access to birthdates in these records, she added.
House Bill 2309 by Hunter was approved on Friday, April 14, 2023 by the House of Representatives, and now goes to the Senate for their action.
One Rio Grande Valley state lawmaker – Rep. Ryan Guillén, R-Rio Grande City – is a member of the House Committee on State Affairs.
A bill analysis of House Bill 2309, produced for the House Committee on State Affairs, of which Hunter serves as Chair, provides the following background about the measure.
A bill analysis is a document prepared for all bills and joint resolutions reported out of committee.
A bill analysis may include background information on the measure, a statement of purpose or intent, and an analysis of the content of the measure.
The bill analysis for House Bill 2309 follows:
Dates of birth are found in a multitude of public records, including the state’s sex offender database, arrest and jail records, civil legal filings, candidate applications, and voter registration rolls.
Because Social Security numbers and driver license numbers are not generally accessible to the public, dates of birth are the only remaining identifier that ensures the accuracy of identification.
However, dates of birth have also been largely inaccessible since 2015, when the Texas Third Court of Appeals ruled in Paxton v. City of Dallas that dates of birth contained in documents subject to disclosure under state public information law are private. That case has restricted access to vitally important information the public needs to ensure accurate reporting on criminal activity and to monitor candidates for elected office.
Disclosing dates of birth in criminal justice documents, such as arrest records, is crucial to identifying the correct person at the time an arrest is made. When a criminal justice record contains a common name, the person can more easily be identified with a date of birth. Dates of birth can also ensure that background check companies and other businesses obtain accurate information when deciding who to hire.
The public also requires access to dates of birth in order to accurately vet (background check) candidates for elected office. By providing access to birth dates that are submitted as part of candidate applications, the public can better ascertain who is vying to represent them. This, in turn, helps citizens to make more informed decisions when choosing their elected leaders. These identities are often redacted from candidate applications by local governments in Texas because of the aforementioned ruling.
House Bill 2309 seeks to ensure that this vital date-of-birth information is available to the general public by establishing that a person’s date of birth contained in a candidate’s filing for a place on the ballot or in corrections or prosecutorial information is not confidential and may not be withheld.
House Bill 2309 changes the Government Code to establish that a person’s date of birth contained in a candidate’s application for a place on a ballot or in corrections or prosecutorial information is not confidential and may not be withheld under state public information law.
The bill applies only to a request for information that is received by a governmental body or a public information officer on or after the bill’s effective date.
Linda Pavlov with the Texas League of Women Voters in Ft. Worth, submitted the following statement in support of House Bill 2309:
“The League of Women Voters of Texas supports both provisions. One, the public has the right to know the DOB (age) of any candidate for public office as is required to seek elected office at any level of government. This document must be made public at any time by request in accordance with the Public Information Act,” Pavlov said. “The DOB of any person held in captivity, arrested and or charged with any criminal matter should be in the public domain by making the information public. This will contribute to assurances there is no confusion about the identity of such person.”
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2309
Senate Bill 46 by Zaffirini, which is identical in language to House Bill 2309 by Hunter, is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB46
Contracting transparency
“Access to government contracts allows taxpayers to see how their money is spent. A bipartisan proposal would enhance a law passed in 2019, ensuring the release of ‘super public’ information, including the overall contract price and description of items and services,” said Shannon.
Senate Bill 680 by Sen. Nathan Johnson, D-Dallas, and House Bill 2492 by Rep. Giovanni Capriglione, R-Southlake, are the bills addressing contracting transparency, she added.
Senate Bill 680 by Johnson is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing before that committee had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB680
House Bill 2492 by Capriglione is currently before the House Committee on State Affairs, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Rep. Todd Hunter, R-Corpus Christi, who serves as Chair, House Committee on State Affairs.
Guillén is the only Valley state lawmaker who is a member of the House Committee on State Affairs.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2492
Public records business days
“A definition of ‘business day’ in the Public Information Act is needed to provide consistency for everyone seeking public records. Currently, governments declare on their own which days they are open or closed for handling Texas Public Information Act requests. Sometimes they don’t respond to requests,” said Shannon.
Proposals to correct this are contained in Senate Bill 618 by Sen. Nathan Johnson, D-Dallas; House Bill 2135 by Rep. Terry Canales, D-Edinburg; and Senate Bills 43 and 44 by Sen. Judith Zaffirini, D-Laredo/Starr County, she added.
Senate Bill 618 by Johnson is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB618
House Bill 2135 by Canales is currently before the House Committee on State Affairs, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Rep. Todd Hunter, R-Corpus Christi, who serves as Chair, House Committee on State Affairs.
Guillén is the only Valley state lawmaker who is a member of the House Committee on State Affairs.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2135
Senate Bills 43 and 44 by Zaffirini are currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB43
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB44
Public records and attorneys’ fees
“If a records requestor runs into roadblocks and must sue to obtain public documents, the ability to recover legal fees levels the playing field between that individual and the government, especially if a government hands over records at the last minute after months of costly litigation,” Shannon said.
House Bill 2874 by Rep. John Smithee, R-Amarillo, and Senate Bill 2286 by Sen. Mayes Middleton, R-Galveston would strengthen a person’s ability to recover such legal fees for information that should be public, she added.
House Bill 2874 by Smithee is currently before the House Committee on State Affairs, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Rep. Todd Hunter, R-Corpus Christi, who serves as Chair, House Committee on State Affairs.
Guillén is the only Valley state lawmaker who is a member of the House Committee on State Affairs.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2874
Senate Bill 2286 by Middleton is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2286
Addressing public notices
“Senate Bill 943 by Sen. Lois Kolkhorst, R-Brenham, and House Bill 2178 by Rep. Todd Hunter, R-Corpus Christi, would require government notices that by law must be published in a newspaper to also be posted at no extra cost on the newspaper’s website and on a Texas Press Association statewide public notice website,” said Shannon.
This posting through a neutral third party provides an easy, reliable source for viewing public notices, she added.
Senate Bill 943 by Kolkhorst is currently before the Senate Committee on Business and Commerce, which held a public hearing on her measure on Thursday, April 13, 2023. That bill was left pending until a final vote is scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce. She is also a coauthor of Senate Bill 943.
A coauthor is a legislator authorized by the primary author of a bill or resolution to join in the authorship of the measure. Both the Senate and the House of Representatives allow an unlimited number of coauthors on a bill or resolution. A coauthor must be a member of the chamber in which the bill was filed.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB943
House Bill 2178 by Hunter is currently before the House Committee on State Affairs, and was scheduled to receive a public hearing on Tuesday, April 18, 2023. Hunter serves as Chair, House Committee on State Affairs.
Guillén is the only Valley state lawmaker who is a member of the House Committee on State Affairs.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2178
Searchable-sortable records
“While some governments provide data in searchable-sortable spreadsheet form, often making it easier to analyze, others do not. Senate Bill 965 by Sen. Nathan Johnson, D-Dallas, Senate Bill 45 by Sen. Judith Zaffirini, D-Laredo/Starr County, and House Bill 2493 by Rep. Giovanni Capriglione, R-Southlake, would codify the ability to obtain searchable-sortable records if such a format is available,” said Shannon.
Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncooked statutes enacted by the legislature into statute law.
A statute is a law enacted by a legislature. Statutes are also called acts, such as the Civil Rights Act of 1964.
https://en.wikipedia.org/wiki/Codification_(law)
Senate Bill 965 by Johnson is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, who serves as Chair, Senate Committee on Business and Commerce.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB965
Senate Bill 45by Zaffirini is currently before the Senate Committee on Business and Commerce, but as of Tuesday, April 18, 2023, no public hearing had been scheduled by Sen. Charles Schwertner, R-Georgetown, the Chair of that committee.
Zaffirini is the only Valley state lawmaker who is a member of the Senate Committee on Business and Commerce.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB45
House Bill 2493 by Capriglione received a public hearing before the House Committee on State Affairs on Wednesday,April 5, 2023,and on Friday, April 14, 2023, was approved by that committee, of which Hunter serves as Chair.
It now awaits scheduling for action by the House of Representatives.
Guillén is the only Valley state lawmaker who is a member of the House Committee on State Affairs.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2493
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