Austin American-Statesman

Open-government bill package hits Senate snag,

- By Chuck Lindell clindell@statesman.com Contact Chuck Lindell at 512912-2569. Twitter: @chucklinde­ll

An attempt to revive six open-government bills, stalled in a House committee, hit a roadblock Tuesday in the Texas Senate.

Sen. Kirk Watson, D-Austin, had hoped to convert all six bills into amendments on legislatio­n designed to streamline requests for public informatio­n from state and local government­s. Three of the bills, however, had not yet been considered by a Senate committee, raising concerns from fellow senators that forced Watson to quickly change direction.

The solution, worked out on the Senate floor, will have the Senate Business and Commerce Committee hold a hearing Thursday on a Watson bill that includes elements of the three measures, “allowing for there to be a vetting by the Senate on those issues.”

That would set the table for another attempt to amend House Bill 2328 early next week, Watson said.

“We now have a way to get them a hearing, and I think we’ll be OK there,” he said.

The proposed amendments — versions of three bills by Watson and three bills by Rep. Todd Hunter, R-Corpus Christi — were an attempted end run around the House Government Transparen­cy and Operation Committee, where Chairman Gary Elkins, R-Houston, has called some of the open-government bills flawed or in need of compromise language because of business opposition.

Watson told the Senate that House inaction justified the move.

“Unless we send a strong message that these bills should pass, they are very likely to die a quiet, slow death,” Watson said. “I think it would do real damage not only to our Public Informatio­n Act but to state and local government­s that are supposed to be accountabl­e to the people.”

The six proposed amendments were developed with Texas Attorney General Ken Paxton’s office and came out of a working group that included government agencies, open-government activists and legislativ­e staff, Watson said.

The bills Watson hoped to revive were:

Senate Bill 407 by Watson, would reverse a 2015 Texas Supreme Court decision that allowed companies to block the release of informatio­n they had provided to government­s if releasing it could provide competitor­s with an advantage — a ruling that provided a broad and frequently used exemption on government bids and contracts. The Senate voted 29-2 to approve the bill March 28.

Senate Bill 408 by Watson would reverse another 2015 Supreme Court ruling that exempted nonprofits that receive public money from state open-records laws. The Senate approved the bill, 28-3, on March 28.

Senate Bill 1655 by Watson would address another Supreme Court ruling that gave a higher degree of protection to informatio­n involving attorney-client privilege. The bill, passed unanimousl­y by the Senate, would ensure that the ruling does not extend to other public informatio­n.

House Bill 2670 by Hunter would clarify that the release of public informatio­n cannot be blocked if it is stored on an electronic device owned by a government official or employee.

House Bill 2710 by Hunter would make dates of birth public except for members of law enforcemen­t, if contained in a personnel file or otherwise exempted by state law. The informatio­n helps banks, media and others avoid confusion involving people with common names, Hunter has said.

House Bill 3848 by Hunter would require government­s to respond to open-records requests even if they do not have any available informatio­n. The bill also would end the practice of raising generic exemptions to public disclosure, instead requiring government­s to specify claimed exemptions.

 ?? RICARDO B. BRAZZIELL / AMERICAN-STATESMAN ?? State Sen. Kirk Watson, D-Austin, listens to Sen. Kel Seliger, R-Amarillo, discuss House Bill 2328 on the Senate floor Tuesday. Watson hopes to amend the bill next week.
RICARDO B. BRAZZIELL / AMERICAN-STATESMAN State Sen. Kirk Watson, D-Austin, listens to Sen. Kel Seliger, R-Amarillo, discuss House Bill 2328 on the Senate floor Tuesday. Watson hopes to amend the bill next week.

Newspapers in English

Newspapers from United States