Texas Senate Passes Public Information Act Required Response Bill

posted on 5.20.2025

A bill requiring government agencies to notify requestors that an agency doesn't have information that satisfies a Texas Public Information Act (TPIA) request has cleared the Texas Senate and is headed to Gov. Greg Abbott’s desk for action.  Abbott will have 10 days, not counting Sundays, to act on the measure as it passed 10 days prior to sine die, the end of the session.

HB 4219 by Rep. Giovanni Capriglione, R-Southlake, is the so-called “required response” legislation that TAB and the other members of the Texas Sunshine Coalition have been trying to pass, in one form or another, for almost a decade. 

When an agency doesn’t respond to a TPIA request for information, the requestor is left to wonder what’s happened to their ask. HB 4219 mandates governmental agencies make that notification within 10 business days of receiving the TPIA request. Additionally, a government agency would be required to notify a requestor if that agency believes the information may be withheld due to a previous Attorney General's office determination.

HB 4219 is the first of the Coalition’s package of Open Government reform measures to pass both chambers.  Sen. Judith Zaffirini, D-Laredo, author of the Senate companion bill, SB 919, shepherded the House measure through the upper chamber.  

Other Coalition bills passed by the House that have not received their Senate committee hearing include:

• HB 4991 by Rep. Giovanni Capriglione, R-Southlake, requires attorney training in the Texas Open Meetings Act and the Texas Public Information Act by lawyers advising government agencies about that agency's responsibilities under the laws.

• HB 3719 by Rep. Todd Hunter, R-Corpus Christi, requires disclosure of dates of birth in public records to 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.

• HB 2248 by Rep. John Smithee, R-Amarillo, addresses a problem faced by some who file a lawsuit seeking access to records under the Texas Public Information Act. 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. 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.

House bills in the Texas Senate fact a May 28 deadline for final approval. TAB will have legislative updates on these and other Open Government-related bills as developments occur.

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

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