By: Capriglione H.B. No. 5027       A BILL TO BE ENTITLED   AN ACT   relating to the public information law.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.003(1), Government Code, is amended   to read as follows:                (1)  "Governmental body":                      (A)  means:                            (i)  a board, commission, department,   committee, institution, agency, or office that is within or is   created by the executive or legislative branch of state government   and that is directed by one or more elected or appointed members;                            (ii)  a county commissioners court in the   state;                            (iii)  a municipal governing body in the   state;                            (iv)  a deliberative body that has   rulemaking or quasi-judicial power and that is classified as a   department, agency, or political subdivision of a county or   municipality;                            (v)  a school district board of trustees;                            (vi)  a county board of school trustees;                            (vii)  a county board of education;                            (viii)  the governing board of a special   district;                            (ix)  the governing body of a nonprofit   corporation organized under Chapter 67, Water Code, that provides a   water supply or wastewater service, or both, and is exempt from ad   valorem taxation under Section 11.30, Tax Code;                            (x)  a local workforce development board   created under Section 2308.253;                            (xi)  a nonprofit corporation that is   eligible to receive funds under the federal community services   block grant program and that is authorized by this state to serve a   geographic area of the state;                            (xii)  a confinement facility operated under   a contract with any division of the Texas Department of Criminal   Justice;                            (xiii)  a civil commitment housing facility   owned, leased, or operated by a vendor under contract with the state   as provided by Chapter 841, Health and Safety Code;                            (xiv)  an entity that receives public funds   in the current or preceding state fiscal year to manage the daily   operations or restoration of the Alamo, or an entity that oversees   such an entity; and                            (xv)  [the part, section, or portion of] an   organization, corporation, commission, committee, institution, or   agency:                                  (a)  for which the source of at least   51 percent of its revenue during the preceding year was public   funds; or                                  (b)  that engages primarily in   activities under an agreement with or a grant from another   governmental body [that spends or that is supported in whole or in   part by public funds]; and                      (B)  does not include:                            (i)  the judiciary; or                            (ii)  an economic development entity whose   mission or purpose is to develop and promote the economic growth of   a state agency or political subdivision with which the entity   contracts if:                                  (a)  the entity does not receive $1   million or more in public funds from a single state agency or   political subdivision in the current or preceding state fiscal   year; or                                  (b)  the entity:                                        (1)  either:                                              (A)  does not have the   authority to make decisions or recommendations on behalf of a state   agency or political subdivision regarding tax abatements or tax   incentives; or                                              (B)  does not require an   officer of the state agency or political subdivision to hold office   as a member of the board of directors of the entity;                                        (2)  does not use staff or office   space of the state agency or political subdivision for no or nominal   consideration, unless the space is available to the public;                                        (3)  to a reasonable degree,   tracks the entity's receipt and expenditure of public funds   separately from the entity's receipt and expenditure of private   funds; and                                        (4)  provides at least quarterly   public reports to the state agency or political subdivision   regarding work performed on behalf of the state agency or political   subdivision.          SECTION 2.  Section 552.106, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  The exception to disclosure provided by this section   does not apply to governmental bodies described by Sections   552.003(1)(A)(ii)-(xiv).          SECTION 3.  Section 552.107, Government Code, is amended to   read as follows:          Sec. 552.107.  EXCEPTION: CERTAIN LEGAL MATTERS.  (a)    Information is excepted from the requirements of Section 552.021   if:                (1)  it is information that the attorney general [or an   attorney of a political subdivision] is prohibited from disclosing   because of a duty to the client under the Texas Rules of Evidence or   the Texas Disciplinary Rules of Professional Conduct; [or]                (2)  it is information that pertains to active   litigation against a governmental body; or                (3)  a court by order has prohibited disclosure of the   information.          (b)  The exception to disclosure provided by this section   does not apply to:                (1)  a communication with an attorney or an attorney's   representative, other than information contained in the   communication to which the exception otherwise applies; or                (2)  a report, audit, or other material created in the   absence of active litigation.          (c)  When rendering a decision under Subchapter G as to   whether requested information is within the scope of the exception   to disclosure provided by this section, the attorney general shall   restrict the scope of the attorney-client privilege by construing   the exception narrowly and in favor of the public's interest in   maximum government transparency.          SECTION 4.  Sections 552.305(a) and (d), Government Code,   are amended to read as follows:          (a)  In a case in which information is requested under this   chapter and a person's privacy or property interests may be   involved, including a case under Section 552.101, 552.110,   552.1101, 552.114, [552.131,] or 552.143, a governmental body may   decline to release the information for the purpose of requesting an   attorney general decision.          (d)  If release of a person's proprietary information may be   subject to exception under Section 552.101, 552.110, 552.1101,   552.113, [552.131,] or 552.143, the governmental body that requests   an attorney general decision under Section 552.301 shall make a   good faith attempt to notify that person of the request for the   attorney general decision. Notice under this subsection must:                (1)  be in writing and sent within a reasonable time not   later than the 10th business day after the date the governmental   body receives the request for the information; and                (2)  include:                      (A)  a copy of the written request for the   information, if any, received by the governmental body; and                      (B)  a statement, in the form prescribed by the   attorney general, that the person is entitled to submit in writing   to the attorney general within a reasonable time not later than the   10th business day after the date the person receives the notice:                            (i)  each reason the person has as to why the   information should be withheld; and                            (ii)  a letter, memorandum, or brief in   support of that reason.          SECTION 5.  Section 552.133(a-1), Government Code, is   transferred to Section 551.086, Government Code, and redesignated   as Section 551.086(a-1), Government Code, to read as follows:          (a-1)  For purposes of this section, "competitive matter"   means a utility-related matter, including for an entity described   by Subdivision (2) a cable, Internet, or broadband service matter,   that is related to the public power utility's competitive activity,   including commercial information, and would, if disclosed, give   advantage to competitors or prospective competitors.  The term:                (1)  means a matter that is reasonably related to the   following categories of information:                      (A)  generation unit specific and portfolio fixed   and variable costs, including forecasts of those costs, capital   improvement plans for generation units, and generation unit   operating characteristics and outage scheduling;                      (B)  bidding and pricing information for   purchased power, generation and fuel, and Electric Reliability   Council of Texas bids, prices, offers, and related services and   strategies;                      (C)  effective fuel and purchased power   agreements and fuel transportation arrangements and contracts;                      (D)  risk management information, contracts, and   strategies, including fuel hedging and storage;                      (E)  plans, studies, proposals, and analyses for   system improvements, additions, or sales, other than transmission   and distribution system improvements inside the service area for   which the public power utility is the sole certificated retail   provider; and                      (F)  customer billing, contract, and usage   information, electric power pricing information, system load   characteristics, and electric power marketing analyses and   strategies;                (2)  means a matter reasonably related to information   involving the provision of cable, Internet, or broadband services   by a municipally owned utility that provided electricity services   and cable, Internet, or broadband services on or before January 1,   2003, including:                      (A)  a capital improvement plan;                      (B)  an expense related to the installation of a   facility to provide those services;                      (C)  bidding and pricing information for   installation of the facility;                      (D)  risk management information, contracts, and   strategies;                      (E)  plans, studies, proposals, and analyses for:                            (i)  system improvements, additions, or   sales; or                            (ii)  establishing pricing for providing   those services; and                      (F)  customer billing, contract, and usage   information; and                (3)  does not include the following categories of   information:                      (A)  information relating to the provision of   distribution access service, including the terms and conditions of   the service and the rates charged for the service but not including   information concerning utility-related services or products that   are competitive;                      (B)  information relating to the provision of   transmission service that is required to be filed with the Public   Utility Commission of Texas, subject to any confidentiality   provided for under the rules of the commission;                      (C)  information for the distribution system   pertaining to reliability and continuity of service, to the extent   not security-sensitive, that relates to emergency management,   identification of critical loads such as hospitals and police,   records of interruption, and distribution feeder standards;                      (D)  any substantive rule or tariff of general   applicability regarding rates, service offerings, service   regulation, customer protections, or customer service adopted by   the public power utility as authorized by law;                      (E)  aggregate information reflecting receipts or   expenditures of funds of the public power utility, of the type that   would be included in audited financial statements;                      (F)  information relating to equal employment   opportunities for minority groups, as filed with local, state, or   federal agencies;                      (G)  information relating to the public power   utility's performance in contracting with minority business   entities;                      (H)  information relating to nuclear   decommissioning trust agreements, of the type required to be   included in audited financial statements;                      (I)  information relating to the amount and timing   of any transfer to an owning city's general fund;                      (J)  information relating to environmental   compliance as required to be filed with any local, state, or   national environmental authority, subject to any confidentiality   provided under the rules of those authorities;                      (K)  names of public officers of the public power   utility and the voting records of those officers for all matters   other than those within the scope of a competitive resolution   provided for by this section;                      (L)  a description of the public power utility's   central and field organization, including the established places at   which the public may obtain information, submit information and   requests, or obtain decisions and the identification of employees   from whom the public may obtain information, submit information or   requests, or obtain decisions;                      (M)  information identifying the general course   and method by which the public power utility's functions are   channeled and determined, including the nature and requirements of   all formal and informal policies and procedures;                      (N)  salaries and total compensation of all   employees of a public power utility;                      (O)  information publicly released by the   Electric Reliability Council of Texas in accordance with a law,   rule, or protocol generally applicable to similarly situated market   participants;                      (P)  information related to a chilled water   program, as defined by Section 11.003, Utilities Code; or                      (Q)  information included in the separate books   and records required to be kept by an entity described by   Subdivision (2) as required by Section 552.915, Local Government   Code.          SECTION 6.  Section 551.086(c), Government Code, is amended   to read as follows:          (c)  This chapter does not require a public power utility   governing body to conduct an open meeting to deliberate, vote, or   take final action on any competitive matter[, as that term is   defined by Section 552.133].  This section does not limit the right   of a public power utility governing body to hold a closed session   under any other exception provided for in this chapter.          SECTION 7.  Section 306.003, Government Code, is amended by   adding Subsection (e) to read as follows:          (e)  Records and communications described by Subsection (a)   are not subject to Chapter 552.          SECTION 8.  SECTION 306.004, Government Code, is amended by   adding Subsection (f) to read as follows:          (f)  Records and communications described by Subsection (a)   are not subject to Chapter 552.          SECTION 9.  Section 306.008, Government Code, is amended by   adding Subsection (f) to read as follows:          (f)  Records and communications described by Subsection (a)   or (b) are not subject to Chapter 552.          SECTION 10.  The following provisions of the Government Code   are repealed:                (1)  the heading to Section 552.133;                (2)  Sections 552.133(a), (b), (b-1), and (c); and                (3)  Sections 552.111, 552.123, 552.126, and 552.154.          SECTION 11.  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.