Legislature Eyes Friday Regular Bill Filing Deadline
posted on 3.10.2025- Open Government Bill Package Takes Shape
This Friday, March 14, is the 60-day mark in the 89th Texas Legislature, and the end of the regular bill filing period in the session.
Lawmakers can still introduce a bill after next Friday, but they need permission from the originating chamber to do so.
Typically, this last week of bill filing sees a crush of the last 1,500-2,000 measures filed. Lawmakers had filed nearly 6,200 bills by the close of last week.
This means the Legislature is on track to match or get close to the 8,046 bills filed in the 2023 Legislature.
Historically, the average for the past decade was about 7,000 bills each session.
It seems a good point in the session to recap the Texas Sunshine Coalition’s package of Open Government reform measures that have been filed to date.
TAB is a member of the coalition, a group of Open Government minded non-profits seeking to improve the Texas Public Information Act and Texas Open Meetings Act.
The group also includes the Texas Press Association and Freedom of Information Foundation of Texas.
TPIA Enforcement / User-Friendly TPIA Reforms
The bulk of the Coalition’s efforts are in measures that provide the Texas Public Information Act with some enforcement teeth as well as making the open records request process an easier one.
Attorneys’ Fees
SB 824 by Sen. Mayes Middleton, R-Galveston / HB 2248 by Rep. John Smithee, R-Amarillo
If a 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.
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.
SB 824 and HB 2248 would 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.
“Required Response”
SB 824 by Sen. Mayes Middleton, R-Galveston / SB 919 by Sen. Judith Zaffirini, D-Laredo / HB 4219 by Rep. Giovanni Capriglione, R-Southlake
Existing law does not require governments to notify requestors that an agency doesn't have information that satisfies the request.
Requestors are left to wonder what’s happened to their TPIA request.
In addition to the attorneys’ fees provision above, SB 824 also addresses this “required response” issue, as does SB 919 and HB 4219.
These bills mandate governmental agencies to make that notification within 10 business days of the request.
Mediation of Open Records Disputes
SB 1130 by Sen. Mayes Middleton, R-Galveston
This bill allows for third-party mediation between requestors and government to resolve issues of cost, alleged need to program or manipulate data, or dispute the need for an AG decision.
Declaratory Judgments
SB 1291 by Sen. Nathan Johnson, D-Dallas
Under SB 1291, Texas citizens or a broadcast newsroom could seek a declaratory judgment in an open meetings or public records case.
A court would determine whether a governmental body has complied with or correctly construed that agency's legal or factual position concerning a provision of the TOMA or the TPIA.
The act specifically lays out TPIA issues such as challenging the estimated cost of providing requested information or the need to seek an Attorney General's office ruling on a particular record.
In either application a court may award costs and reasonable and necessary attorney fees to the individual seeking the judgment.
If passed, this measure could provide some real teeth to combat those governmental bodies that abuse the records request or public meeting laws.
Open Records Hotline & Complaints
SB 1294 by Sen. Nathan Johnson, D-Dallas
This bill requires the Attorney General’s office to operate a toll-free open records hotline to assist Texans in the procedure to request information under the TPIA.
It also creates a written complaint process for requesters to use with the Attorney General’s office in instances in which the requestor believes that the government agency has failed to provide information in compliance with the law.
The Attorney General’s office will review the complaints with the agency involved and issue a written response to both the agency and the complaining requestor.
Public Information/Open Meetings Training
SB 1295 by Sen. Nathan Johnson, D-Dallas
SB 1295 requires attorney training in the TOMA and the TPIA by lawyers advising government agencies about that agency's responsibilities under the laws.
Other Problem TPIA Issues
Legislation also has been filed to address two longstanding Texas Public Information Act issues affecting newsgathering.
Searchable-Sortable Records
SB 50 by Sen. Judith Zaffirini, D-Laredo / HB 4218 by Rep. Giovanni Capriglione, R-Southlake
These bills would codify existing Attorney General guidance by requiring governmental bodies to produce documents in their original format, e.g., releasing data in spreadsheet form, rather than converting such data into PDFs.
Dates of Birth Access and Verification
SB 1293 by Sen. Nathan Johnson, D-Dallas / HB 3719 by Rep. Todd Hunter, R-Corpus Christi
Disclosing dates of birth in public records helps ensure individuals can be properly identified.
This is particularly important in criminal justice system records when common names are often involved.
DOBs also help lenders, employers, background check companies and other businesses obtain accurate information and avoid misidentifying people who have common names.
Disclosing DOBs on applications filed by candidates for public office also helps the public properly identify and better understand who is on the ballot.
Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.
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