San Antonio Express-News

In times of disasters, government transparen­cy vital

- By Kelley Shannon Kelley Shannon is executive director of the nonprofit Freedom of Informatio­n Foundation of Texas.

With state lawmakers immersed in the COVID-19 pandemic response and Texas’ electricit­y failures, the public’s access to informatio­n must be at the forefront of the Legislatur­e’s actions. Informatio­n allows the public to watch over their government, speak out and ask questions.

There’s no better time than Sunshine Week, which started Sunday, to emphasize the importance of the people’s right to know.

The Freedom of Informatio­n Foundation of Texas and other open-government proponents are taking part in a Sunshine Week online discussion Thursday hosted by the Texas Public Policy Foundation as the Texas legislativ­e session approaches its midway point.

Fortunatel­y, lawmakers in both political parties are working to enact timely transparen­cy legislatio­n:

Texas Public Informatio­n Act, or TPIA, compliance. Throughout the pandemic, many government offices have not responded to open records requests, citing the physical closure of their offices or because they were operating on a “skeleton crew” with staffers working remotely. House Bill 1416 by Rep. Giovanni Capriglion­e, R-southlake, and Senate Bill 925 by Sen. Judith Zaffirini, D-laredo, define business days under the Public Informatio­n Act to ensure timely responses by government­s.

SB 1225 by Sen. Joan Huffman, R-houston, and HB 3627 by Rep. Chris Paddie, R-marshall, clarify existing law pertaining to “catastroph­e notices” that government­s can file to briefly suspend TPIA responses during a disaster. This legislatio­n adds specifics to the law to prevent abuse.

Enforcemen­t measures requiring government­s to respond to public informatio­n requestors, even if no responsive records are found, are spelled out in SB 927 by Zaffirini and HB 3015 by Rep. Ana Hernandez, D-houston.

Texas Open Meeting Act improvemen­ts. Virtual meetings allowed under the Texas Open Meetings Act have worked well for many government­s during the pandemic, but in some cases, rules for public comment have been unfairly imposed and telephone call-in lines have not been provided to accommodat­e those without internet. SB 924 by Zaffirini and HB 2683 by Rep. Terry Canales, D-edinburg, address these concerns.

Nursing home and assistedli­ving pandemic transparen­cy. Sen. Lois Kolkhorst, R-brenham, chair of the Senate Health and Human Services Committee, filed SB 882 so nursing home residents and their loved ones can get the informatio­n they need about communicab­le disease outbreaks, including COVID-19. Zaffirini filed a similar bill, SB 930, as did Rep. Mayes

Middleton, R-wallisvill­e, with HB 3306.

Online contracts. Legislatio­n to require more online posting of government contracts would help the public better track how tax dollars are spent, during a pandemic or any other time. Capriglion­e filed HB 2913 and Zaffirini filed SB 929 to achieve this goal.

Dates of birth in public records. Access to a birthdate in a government record promotes accuracy. It can aid citizens vetting a candidate for office, journalist­s identifyin­g a person in a crime report, or banks, credit report companies and employers relying on public record background checks to conduct business. HB 3535 by Rep. Todd Hunter, R-corpus Christi, and SB 926 by Zaffirini address this important measure.

Searchable-sortable records. When government informatio­n is stored in spreadshee­ts or other electronic formats, a requestor may need the data in that electronic format for searching, sorting and organizing. HB 1810 by Capriglion­e, SB 928 by Zaffirini and SB 729 by Sen. Nathan Johnson, D-dallas, require informatio­n to be provided in the requested available electronic format.

Law enforcemen­t transparen­cy. House and Senate members are also working to improve access to police records involving in-custody deaths, and access to body-camera and dash-camera video. This helps ensure public accountabi­lity. Key bills are HB 2383 by Rep. Joe Moody, D-EL Paso, and SB 975 by Sen. Royce West, D-dallas.

This Texas legislativ­e session is an unusual one amid the coronaviru­s pandemic. But ensuring access to public informatio­n is a familiar endeavor and always necessary.

Now is a crucial time to protect this basic right.

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