2025 Texas Leg­isla­tive Ses­sion Update

Procedural Change

• Requires a governmental body subject to the Act to annually notify the OAG by October 1 of each year of the mailing address and electronic mail address designated by the governmental body for receiving written requests for public information.
• Requires the OAG to create and maintain on its website a publicly accessible database of the mailing addresses and electronic mail addresses provided by governmental bodies.

Procedural Change

• Requires the PIO, if the governmental body determines it has no information responsive to a request for information, to notify the requestor in writing not later than the 10th business day after the date the request is received.
• Requires the PIO, if a governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, not later than the 10th business day after the date the request is received, to notify the requestor in writing that the information is being withheld and identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information.
• Requires the governmental body to ask for the OAG’s decision and state the specific exceptions that apply within 10 business days after the date of receiving the written request.
• Authorizes a requestor, if a governmental body fails to respond to the requestor as required by section 552.221, to send a written complaint to the OAG.
• Authorizes the OAG to take the following actions if a governmental body is found to improperly failed to comply with section 552.221 in in response to a complaint: (1) require the PIO to complete open records training; (2) prohibit the governmental body from assessing costs to the requestor for producing information; and (3) require the governmental body to request an OAG decision if it seeks to withhold information within 5 business days and release information unless there is a compelling reason to withhold the information.

Procedural Change

• Authorizes a member of the governing board of a governmental body or nongovernmental entity to inspect and duplicate certain public information maintained by the governmental body or the nongovernmental entity promptly and without charge if the member is acting in the member’s official capacity.
• If the member receives confidential information, then the member may be required to sign a confidentiality agreement to not disclose the covered information and requires that the information not be disclosed.  The member may seek a decision about whether the information covered by the confidentiality agreement is confidential under law.
• The special right of access by the member does not affect the procedures under which information may be obtained under other law or the use that may be made of information obtained under other law.

Amends the Act

• Amends section 552.130 by adding subsection (f) to provide that the license plate number of a motor vehicle captured visually or audibly in a video recording obtained or maintained by a law enforcement agency is not confidential under section 552.130 or chapter 730 of the Transportation Code and is authorized to be included in a video recording disclosed under section 552.021.   Subsection (f) does not preclude a law enforcement agency from asserting other exceptions to disclosure under the Act.
• Amends section 730.007 by adding subsection (h) to authorize a law enforcement agency to release a video recording obtained or maintained by the law enforcement agency that includes the license plate number of a motor vehicle captured visually or audibly in the video in response to a request for public information.  The law enforcement agency is not required to redact any license plate numbers before releasing the video.

Amends the Act

• Provides that certain working papers and electronic communications of an administrative law judge at the State Office of Administrative Hearings or of a technical examiner or administrative law judge at the Railroad Commission of Texas are excepted from required public disclosure, including notes and electronic communications recording the observations, thoughts, questions, deliberations, or impressions of an administrative law judge or a technical examiner

Amends the Act

• No longer prohibits the secretary of state from disclosing the home address, home telephone number, or electronic mail address of a notary public.

Amends the Act

• Excepts from public disclosure certain personal information of a current or former employee of the OAG or of a public defender’s office and a family member of the current or former employee.
• Redefines “family member” to mean “a minor child, adult child, spouse, or surviving spouse.”
• Authorizes a governmental body to redact information that must be withheld under section 552.1175(b) or section 552.1175(b-1) without requesting a ruling from the OAG.

Amends the Act

• Excepts from public disclosure certain personal information ofa current or former election official, as defined by section 1.05 of the Election Code or employee, volunteer, or designee of an election official, or an employee of the secretary of state's office who performs duties relating to elections.

Amends the Act

• Excepts from public disclosure certain personal information ofa member of the governing board of an institution of higher education, the chief executive officer of the institution, or the chief executive officer of a university system.

New Act Exception

• Excepts from public disclosure and makes confidential certain information related to cybersecurity measures.

New Act Exception

• Excepts from public disclosure and makes confidential certain information relating to fraud detection and deterrence measures.