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A BILL TO BE ENTITLED
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AN ACT
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relating to contracts by certain state governmental entities that |
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involve the exchange or creation of public information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.907 to read as follows: |
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Sec. 2252.907. CONTRACTS INVOLVING EXCHANGE OR CREATION OF |
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PUBLIC INFORMATION. (a) A contract between a state governmental |
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entity and a nongovernmental vendor involving the exchange or |
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creation of public information as defined by Section 552.002 that |
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the state governmental entity collects, assembles, or maintains or |
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has a right of access to must: |
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(1) be drafted in consideration of the requirements of |
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Chapter 552; and |
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(2) contain a provision that requires the vendor to |
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make the information not otherwise excepted from disclosure under |
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Chapter 552 available in a specific format that is: |
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(A) agreed upon in the contract; and |
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(B) accessible by the public. |
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(b) This section may not be waived by contract or otherwise. |
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(c) A request for public information regarding a contract |
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described by this section must be submitted to the officer or |
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employee responsible for responding to open records requests for |
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the state governmental entity that executed the contract. |
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(d) In this section, "state governmental entity" means a |
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state agency, board, commission, office, department, or other |
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agency in the executive or legislative branch of state government. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which a state governmental entity first |
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advertises or otherwise solicits bids, proposals, offers, or |
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qualifications on or after the effective date of this Act. A |
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contract for which a state governmental entity advertised or |
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otherwise solicited bids, proposals, offers, or qualifications |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |