83R3700 RWG-D
 
  By: Davis S.B. No. 1368
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to contracts by certain state governmental entities that
  involve the exchange or creation of public information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 2252, Government Code, is
  amended by adding Section 2252.907 to read as follows:
         Sec. 2252.907.  CONTRACTS INVOLVING EXCHANGE OR CREATION OF
  PUBLIC INFORMATION. (a) A contract between a state governmental
  entity and a vendor involving the exchange or creation of public
  information as defined by Section 552.002 that the state
  governmental entity collects, assembles, or maintains or has a
  right of access to must:
               (1)  be drafted in consideration of the requirements of
  Chapter 552; and
               (2)  contain a provision that requires the vendor to
  make the information available in a specific format that is:
                     (A)  agreed upon in the contract; and
                     (B)  accessible by the public.
         (b)  This section may not be waived by contract or otherwise.
         (c)  In this section, "state governmental entity" means a
  state agency, board, commission, office, department, or other
  agency in the executive, judicial, or legislative branch of state
  government.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for which a state governmental entity first
  advertises or otherwise solicits bids, proposals, offers, or
  qualifications on or after the effective date of this Act. A
  contract for which a state governmental entity advertised or
  otherwise solicited bids, proposals, offers, or qualifications
  before the effective date of this Act is governed by the law in
  effect immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.