FEATURED: Valley State Sen. Judith Zaffirini, D-Laredo, whose District 21 includes all of Starr County, has filed (introduced) at least two major proposals that aim to make local, county and state governments in Texas more transparent, reports South Texas attorney Omar Ochoa. In general, government transparency is defined as when a government is open and honest with its citizens about how it spends money and makes decisions. It’s a way to promote accountability and reduce corruption.
Photograph By SENATE MEDIA
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At least two proposals by Valley State Sen. Judith Zaffirini, D-Laredo, would increase government transparency, reports South Texas attorney Omar Ochoa
By DAVID A. DÍAZ
[email protected]
At least two proposals by Sen. Judith Zaffirini, D-Laredo, whose District 21 includes Starr County, are designed to increase government transparency statewide, reports South Texas attorney Omar Ochoa.
In general, government transparency is defined as when a government is open and honest with its citizens about how it spends money and makes decisions. It’s a way to promote accountability and reduce corruption.
Born and raised in Edinburg, Ochoa’s roots run deep in the community.
A graduate of Edinburg North High School, he went on to earn a business degree, a master’s in accounting, and a law degree from the University of Texas at Austin.
A champion for government transparency, Ochoa provides regular reports to the public on the Texas Public Information Act, the Texas Open Meetings Act, and existing and proposed state laws that affect the mainstream and social media and the people’s rights to know about the actions of their governments in the Lone Star State.
The Texas Public Information Act provides a mechanism for citizens to inspect or copy government records. It also provides that governmental bodies may withhold government records from the public in specific instances.
https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act
The Texas Open Meetings Act ensures transparency and accountability by requiring meetings of governmental bodies to be open to the public, except for specific, authorized closed sessions, and requires public notice of the time, place, and subject matter of the meeting.
“The two measures by Sen. Zaffirini have been identified as important to the mission of government transparency by the Texas Sunshine Coalition, whose members describe it as ‘a diverse group of organizations supporting government transparency, working to pass state legislation this year to promote the free flow of information,’” said Ochoa.
Legislation is a proposed or enacted (gone into effect) law or group of laws.
Organizations participating in the Sunshine Coalition are the Freedom of Information Foundation of Texas; Texas Association of Broadcasters; Texas Press Association; Texas Public Policy Foundation; Institute for Justice; ACLU of Texas; Every Texan; Common Cause; Grassroots America; League of Women Voters of Texas; SMU School of Law First Amendment Clinic; Texas Appleseed; Texas Association of Licensed Investigators; Texans Uniting for Reform and Freedom; Public Citizen; and PublicData.com.
“For any person who wishes to learn more about any legislation, they are encouraged to contact the state lawmaker who has filed the specific bill for more information, along with registering their support, opposition, or recommended changes to that measure,” Ochoa encouraged Texans. “At the same time, contact your own state senator and state representative, and do the same. In all cases, get the name and position of the staff member who is working on that bill.”
Filed is used to refer to a measure that has been introduced into the legislative process and given a number, such as “Senate Bill (number)” or “House Bill (number).
A bill is a type of legislative measure that requires passage by both the Senate and 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.
If a person does not know who is their state senator and/or state representative, log on to:
https://wrm.capitol.texas.gov/home
The two government transparency measures filed so far by Zaffirini are:
Senate Bill 50 by Sen. Judith Zaffirini, D-Laredo
Senate Bill 50 would require governments to produce public records in their original format, including electronic spreadsheets, when requested.
Many government entities convert spreadsheet data into PDF images before releasing it, which can make it more difficult to search and sort large amounts of information.
According to an analysis of Senate Bill 50 – as filed in its original version (no changes have been made in the legislative process) – FastDemocracy.com, a professional legislative bill tracking firm, provides the following summary:
Senate Bill 50 aims to enhance the maintenance and production of electronic public information under the Texas Public Information Act.
It amends Section 552.002(a-2) of the Government Code to clarify that “public information” includes electronic communications related to official business and data dictionaries that describe the types of information in a database, excluding metadata that pertains to security.
(Metadata is information about data, or “data about data”. It can be applied to many different types of resources, including books, computer files, and photos. Metadata helps users find, organize, and use data more easily.)
https://www.google.com/search?client=safari&rls=en&q=what+is+metadata&ie=UTF-8&oe=UTF-8
Additionally, a new section, 552.2285, is added to define “electronic public information” as information maintained in a searchable or sortable electronic format. This section outlines the obligations of governmental bodies to provide such information in the requested format and ensures that the public’s right to access this information is not compromised by the use of electronic record keeping systems.
Furthermore, Senate Bill 50 repeals (does away with) Section 552.231 of the Government Code and modifies Section 118.011(e) of the Local Government Code to align with the new provisions regarding the format and fees for copies of records.
The changes will only apply to requests for public information received on or after the effective date of the Act, which is set for September 1, 2025.
Overall, Senate Bill 50 seeks to improve transparency and accessibility of electronic public information for the public.
Statutes affected:
Introduced: Local Government Code 118.011, Government Code 552.231 (Government Code 552, Local Government Code 118).
In legal terms, a statute is a formal, written law or rule enacted by a legislature, such as the US Congress or a state legislature, and is the foundation of statutory law.
https://www.google.com/search?client=safari&rls=en&q=what+are+statutes+in+law?&ie=UTF-8&oe=UTF-8
Zaffirini may be contacted at her Capitol office by phone at (512) 463-0121 or through her official website at:
https://www.senate.texas.gov/member.php?d=21
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Senate Bill 919 by Sen. Judith Zaffirini, D-Laredo
Senate Bill 919 requires governments to respond to Texas Public Information Act requestors and provides for a complaint process when there is a failure to respond.
https://www.texasattorneygeneral.gov/open-government/members-public/overview-public-information-act
According to an analysis of Senate Bill 919 – as filed in its original version (no changes have been made in the legislative process – FastDemocracy.com provides the following summary:
Senate Bill 919 requires governments to respond to Public Information Act requestors and provides for a complaint process when there is a failure to respond.
Senate Bill 919 amends (changes) the Government Code to enhance the response protocols (official procedures) for governmental bodies regarding public information requests.
Senate Bill 919 introduces new requirements for governmental bodies to notify requestors in writing if they have no responsive information or if the requested information is subject to a previous determination that allows for withholding.
Specifically, Senate Bill 919 mandates (requires) that such notifications be made within ten business days of receiving the request.
Additionally, Senate Bill 919 requires that if information is withheld, the governmental body must identify the specific previous determination justifying the action.
Furthermore, Senate Bill 919 establishes a process for requestors to file complaints with the Office of the Texas Attorney General if a governmental body fails to respond as required.
The Office of the Texas Attorney General is tasked with notifying the governmental body of any non-compliance and mandating (requiring) open records training for the relevant personnel.
Senate Bill 919 also stipulates (demands) that the governmental body cannot charge the requestor for producing the information if it is found to have improperly failed to comply with the response requirements.
These changes will take effect on September 1, 2025, and apply only to requests received after that date.
Statutes affected: Introduced: Government Code 552.221, Government Code 552.301 (Government Code 552)
In legal terms, a statute is a formal, written law or rule enacted by a legislature, such as the US Congress or a state legislature, and is the foundation of statutory law.
https://www.google.com/search?client=safari&rls=en&q=what+are+statutes+in+law?&ie=UTF-8&oe=UTF-8
https://fastdemocracy.com/bill-search/tx/89/bills/TXB00073908
Zaffirini may be contacted at her Capitol office by phone at (512) 463-0121 or through her official website at:
https://www.senate.texas.gov/member.php?d=21
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Several other legislative measures being supported by the Sunshine Coalition include:
Senate Bill 824 by Sen. Mayes Middleton, R-Galveston, and House Bill 2248by Rep. John Smithee, R-Amarillo.
In general, Senate Bill 824 and House Bill 2248 are similar in language and intent.
Theses measures would require governments to respond to Texas Public Information Act requestors and allows for attorneys’ fees to be recouped (repaid) by requestors who must go to court to obtain public records.
Senate Bill 824 amends the Texas Government Code to enhance the public information law by introducing new requirements for governmental bodies regarding the handling of information requests.
Specifically, Senate Bill 824 states that if a governmental body determines it has no information responsive to a request, the officer for public information must notify the requestor in writing within ten business days.
Additionally, if the requested information is subject to a previous determination that allows for withholding, the officer must inform the requestor of this decision and identify the specific determination relied upon, also within ten business days.
Senate Bill 824 further stipulates that a governmental body cannot impose charges for providing copies of public information under certain conditions, such as when the information is a required report that is publicly available online.
Senate Bill 824 also introduces a mechanism for requestors to file complaints with the attorney general if a governmental body fails to respond to their requests. If the attorney general finds that the governmental body did not comply, it can require the body to undergo open records training and prohibits it from charging the requestor for producing the information.
The changes will take effect on September 1, 2025, and will apply only to requests received on or after that date.
Statutes affected:
Introduced: Government Code 552.221, Government Code 552.261, Government Code 552.306, Government Code 552.324 (Government Code 552)
In legal terms, a statute is a formal, written law or rule enacted by a legislature, such as the US Congress or a state legislature, and is the foundation of statutory law.
https://www.google.com/search?client=safari&rls=en&q=what+are+statutes+in+law?&ie=UTF-8&oe=UTF-8
https://fastdemocracy.com/bill-search/tx/89/bills/TXB00073623
Middleton may be contacted by phone at his Capitol office at (512) 463-0111 or through his official website at:
https://www.senate.texas.gov/member.php?d=11
Smithee may be contacted by phone at his Capitol office at (512) 463-0702 or through his official website at:
https://www.house.texas.gov/members/86
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Senate Bill 1291 by Sen. Nathan Johnson, D-Dallas.
Senate Bill 1291 would allow for seeking a declaratory judgment under the Texas Public Information Act and Texas Open Meetings Act.
A declaratory judgment can involve a court hearing which may award costs and reasonable and necessary attorney’s fees as provided by Section 37.009, Civil Practice and Remedies Code.
The Texas Open Meetings Act ensures (requires) transparency and accountability in government by requiring meetings of governmental bodies to be open to the public, with certain exceptions, and to be preceded by public notice.
Senate Bill 1291 would allow for seeking a declaratory judgment under the Texas Public Information Act and Texas Open Meetings Act.
According to the text of the bill:
Sec. 551.1425. DECLARATORY JUDGMENT. (a) An interested person, including a member of the news media, may bring an action for declaratory judgment to:
(1) determine whether a governmental body has complied with a provision of this chapter; or
(2) construe a provision of this chapter in connection with a legal or factual position taken by the governmental body concerning the provision.
(b) A court hearing an action under this section may award costs and reasonable and necessary attorney’s fees as provided by Section 37.009, Civil Practice and Remedies Code.
SECTION 2. Subchapter H, Chapter 552, Government Code, is amended by adding Section 552.3214 to read as follows:
Sec. 552.3214. DECLARATORY JUDGMENT. A requestor or the attorney general may bring an action for declaratory judgment involving a request for information made to a governmental body under this chapter to determine:
(1) whether the governmental body has complied with a provision of this chapter; or
(2) the accuracy of a legal or factual position taken by the governmental body, including as part of:
(A) a determination of the estimated cost of providing requested information; or
(B) a request for a decision from the attorney general under Subchapter G.
SECTION 3. The heading to Section 552.3215, Government Code, is amended to read as follows:
Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF FOLLOWING COMPLAINT.
SECTION 4. Section 552.323, Government Code, is amended by adding Subsection (c) to read as follows:(c) A court hearing an action under Section 552.3214 or 552.3215 may award costs and reasonable and necessary attorney’s fees as provided by Section 37.009, Civil Practice and Remedies Code.
SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
Johnson may be contacted by phone at his Capitol office at (512) 463-0116or through his official website at:
https://www.senate.texas.gov/member.php?d=16
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Senate Bill 1293 by Sen. Nathan Johnson, D-Dallas.
Senate Bill 1293 resumes access to dates of birth in public records to ensure accuracy when reporting on people with common names.
According to the text of Senate Bill 1293:
SECTION 1. Subchapter B, Chapter 552, Government Code, is amended by adding Section 552.0223 to read as follows:
Sec. 552.0223. DATES OF BIRTH. Notwithstanding Section 552.101, this chapter does not authorize a governmental body to withhold a date of birth except as:
(1) permitted by Section 552.102;
(2) permitted by the federal privacy requirements adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164; or
(3) otherwise provided by constitutional or statutory law.
SECTION 2. The changes in law made by this Act apply only to a request for information that is received by a governmental body or an officer for public information on or after the effective date of this Act. A request for information that was received before the effective date of this Act is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
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Senate Bill 1294 by Sen. Nathan Johnson, D-Dallas.
Senate Bill 1294 calls for codifying the establishment of an open government hotline in the Texas Attorney General’s Office and provides a complaint process when public information is not released.
According to the text of Senate Bill 1294:
SECTION 1. Subchapter A, Chapter 552, Government Code, is amended by adding Section 552.013 to read as follows:
Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general shall operate an open records hotline that a member of the public or an employee or officer of a governmental body may access by calling a toll-free telephone number to ask any question regarding the requirements of this chapter, including the proper procedure to request information from a governmental body and for a governing body to comply with this chapter. The attorney general shall respond to the caller’s questions as the attorney general considers appropriate to promote compliance with this chapter.
SECTION 2. Subchapter E, Chapter 552, Government Code, is amended by adding Section 552.236 to read as follows:
Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION. (a) A person who has requested public information from a governmental body under this chapter and believes that the governmental body has failed to provide the information in compliance with this chapter may file a written complaint with the attorney general.
(b) A person filing a complaint under this section must include with the complaint:
(1) the original request for information that is the subject of the complaint;
(2) any correspondence received from the governmental body that is the subject of the complaint in response to the request; and
(3) a statement setting forth how the complainant believes that the governmental body has failed to comply with the requirements of this chapter.
(c) The attorney general may submit written questions regarding the complaint to the governmental body that is the subject of the complaint. The governmental body shall respond in writing to the questions not later than the fifth business day after the date the questions are received by the governmental body.
(d) The attorney general shall review each complaint filed under this section and issue a written response to both the complainant and the governmental body that is the subject of the complaint not later than the 20th business day after the date the complaint is filed with the attorney general.
SECTION 3. Section 552.269(a), Government Code, is amended to read as follows:
(a) A person who believes the person has been overcharged for being provided with a copy of public information may complain to the attorney general in writing of the alleged overcharge, setting forth the reasons why the person believes the charges are excessive. The attorney general shall review the complaint and make a determination in writing not later than the 10th business day after the date the complaint is received by the attorney general as to the appropriate charge for providing the copy of the requested information. The governmental body shall respond to the attorney general to any written questions asked of the governmental body by the attorney general regarding the charges for providing the copy of the public information. The response must be made to the attorney general not later than the fifth business day after the date the questions are received by the governmental body. If the attorney general determines that a governmental body has overcharged for providing the copy of requested public information, the governmental body shall promptly adjust its charges in accordance with the determination of the attorney general.
SECTION 4. Section 552.269(a), Government Code, as amended by this Act, applies only to a complaint made to the office of the attorney general under that subsection on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.
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Senate Bill 1295 by Sen. Nathan Johnson, D-Dallas.
This proposal sets out training guidelines for public officials and attorneys who are overseeing compliance with the Texas Public Information in governmental agencies.
According to the text of Senate Bill 1295:
SECTION 1. Section 551.005, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) An attorney employed or engaged to assist a public official or governmental body in administering the responsibilities of the public official or governmental body under this chapter shall complete the training required by this section. The attorney must complete the training regarding the responsibilities of the governmental body and of its officers and employees under this chapter not later than the 10th day after the date the attorney is employed or engaged to assist the public official or governmental body with those responsibilities. An attorney may not be compensated by a governmental body for the time required to take and complete the training unless the attorney is an employee of the governmental body.
SECTION 2. Section 552.012, Government Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:
(c) A public official may designate a public information coordinator to be primarily responsible for administering the responsibilities of the public official or governmental body under this chapter. Designation of a public information coordinator under this subsection does not relieve a public official from the duty to comply with this section or any other requirement of this chapter that applies to the public official. The designated public information coordinator shall complete the training course regarding the responsibilities of the governmental body with which the coordinator serves and of its officers and employees under this chapter not later than the 90th day after the date the coordinator assumes the person’s duties as coordinator.
(c-1) An attorney employed or engaged to assist a public official, public information coordinator, or governmental body in administering the responsibilities of the public official, public information coordinator, or governmental body under this chapter shall complete the training required by this section. The attorney must complete the training regarding the responsibilities of the governmental body and its officers and employees under this chapter not later than the 10th day after the date the attorney is employed or engaged to assist the public official, public information coordinator, or governmental body with those responsibilities. An attorney may not be compensated by a governmental body for the time required to take and complete the training unless the attorney is an employee of the governmental body.
SECTION 3. (a) Each attorney described by Section 551.005(a-1), Government Code, as added by this Act, who assists a public official or governmental body in administering the responsibilities of the public official or governmental body under Chapter 551 of that code on the effective date of this Act must complete the course of training required by Section 551.005 of that code on or before October 1, 2025
(b) Each attorney described by Section 552.012(c-1), Government Code, as added by this Act, who assists a public official, public information coordinator, or governmental body in administering the responsibilities of the public official, public information coordinator, or governmental body under Chapter 552 of that code on the effective date of this Act must complete the course of training required by Section 552.012 of that code on or before October 1, 2025.
(c) A public official serving on the effective date of this Act who has not previously completed the training required by Section 552.012, Government Code, because the public official previously designated a public information coordinator to complete the training requirements for the public official must complete the training required by Section 552.012, Government Code, as amended by this Act, on or before January 1, 2026.
SECTION 4. This Act takes effect September 1, 2025.
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