First Wave of TAB Open Government Priority Measures Filed at 89th Texas Legislature

posted on 1.27.2025

The first installment of TAB’ Open Government priority legislation has been filed at the Capitol and more will be coming through February until the regular bill filing deadline on March 14.

As in several recent legislative sessions, TAB is part of the Texas Sunshine Coalition, a group of non-profits seeking to further the Open Government cause. 

The coalition is broad, ranging from the American Civil Liberties Union to the Texas Public Policy Foundation. 

Together, TAB and these varied non-profits seek to address issues with the Texas Public Information Act (TPIA) and the Texas Open Meetings Act (TOMA), such as: 

• TPIA Enforcement – implementing enforcement measures to make the TPIA work as intended.
• User-friendly Initiatives – implementing operational measures to make the TPIA more functional and responsive.
• Searchable-Sortable Records - codifying existing attorney general guidance into law by requiring governmental bodies to produce documents in their original format.
• Dates of Birth Access and Verification - disclosing dates of birth in public records involving candidates for public office or those involved in the criminal justice system.
• Open Meetings – adopting TOMA improvements to address proper meeting notice, closed meeting provisions, enforcement, and citizen participation in open meetings.

One Senate bill was filed on Nov. 12 of last year, the opening day of the regular bill filing period.

Texas Public Information Act / Searchable-Sortable Records
SB 50 by Sen. Judith Zaffirini, D-Laredo

Spreadsheets are the most usable format for certain data, yet despite AG rulings indicating that governmental entities should produce documents in the form in which they are kept, some public entities distribute records as PDF images, making it difficult to search and sort information. 

This TAB newsroom legislative priority bill would require governmental bodies to release information in searchable/sortable formats such as a spreadsheet if requested in that form.

Several more bills were filed as last week closed out at the Capitol.

Texas Public Information Act / Attorney’s Fees, Required Response
SB 824 by Sen. Mayes Middleton, R-Galveston

Sometimes a Texas Public Information Act requestor must resort to a civil lawsuit to force the release of Information.

The requestor should be able to recover attorneys’ fees if they prevail, but Texas appellate court 
decisions have made that difficult, allowing governments to hand over documents at the last minute – 
after months of costly litigation – and avoid paying any fees. 

TAB and the Coalition seek to ensure the attorneys’ fees option exists, bringing the TPIA in line with 
federal law by clarifying the fees provision and allowing requestors to file for a declaratory judgment.

A U.S. Senate report on the federal provision said it well – without the awarding of attorneys’ fees, it 
would effectively be a tax on all information requestors. 

This TAB newsroom legislative priority bill also would address the issue of “required response.”

There is no provision in existing law that requires governmental bodies to notify requestors that the agency doesn't have information that satisfies the request. 

Requestors are then left to wonder what’s happened to their request for information.

This bill requires governmental agencies to make that notification within 10 business days of the request.

Additionally, the government would have to notify requestors within 10 days of the request if they believe the information may be withheld due to a previous Attorney General's office determination.

Texas Public Information Act / Required Response
SB 919 by Sen. Judith Zaffirini, D-Laredo

This TAB newsroom legislative priority bill would address the issue “required response” noted above in the same fashion.

Next Steps

TAB is hopeful that Senate hearings on these priority Open Governments will take place sooner, rather than later, in the coming months. As yet, none of the bills have been referred to a Senate committee by Lt. Gov. Dan Patrick, R-Houston.

TAB will alert members when such hearings are scheduled and when other priority Open Government measures are filed.  

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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