Texas Lawmakers Look to Crack Down on Local Non-Compliance with Open Records Law

“One of the primary issues that we see at the Texas Attorney General’s office is that government bodies are required to request rulings on very routine issues,” stated OAG Open Records Division Chief Justin Gordon throughout testimony ahead of the Senate Committee on Business and Commerce on Tuesday.

“Those routine issues are exceptions that we’re very familiar with, and what it results in is our office spending a lot of time just handling administrative issues that could be handled at the local level.”

Gordon projected that his workplace would procedure no less than 45,000 appeals this 12 months, which he stated regularly extend compliance with open information requests for months whilst requestors look ahead to a ruling from the OAG.

But even though the OAG regulations in want of a requestor, native govt officers might then record swimsuit in state district court docket in Travis County, which will extend the request for extra months or years.

Now, state Sen. Paul Bettencourt (R-Houston) is proposing regulation to support compliance with the Texas Public Information Act (TPIA) that will require further coaching for native public information officers and penalize those that fail to comply with an OAG ruling.

Under Senate Bill (SB) 1579, the OAG should post an inventory of native governments that experience had 25 p.c or extra in their appeals to block open information denied. The invoice would impose fines of $1,000 for non-compliance and $500 for on a daily basis asked information aren’t produced.

“What we’re trying to do is streamline the public information request process with the intent of getting the requested documents to the requester much faster, reducing delay and/or denial of public records,” stated Bettencourt.

If authorized, the legislation would additionally require govt our bodies to state the particular TPIA exceptions sought in appeals and certify to the OAG that there was an try to confer with the requestor over proposed redactions.

Among the ones attesting in improve of the invoice, investigative reporter Wayne Dolcefino advised the committee that even though the TPIA calls for a reaction inside 10 days, officers will extend through soliciting for explanation of the request on the final second to give themselves any other 10 days. Dolcefino additionally famous that officers will reproduction an lawyer on emails or different communications in order that they are able to invoke an exception to TPIA for “attorney-client privilege.”

“There are people in government at all levels who have forgotten what the word ‘good faith’ means,” stated Dolcefino. “Good faith means we’re gonna give it to you unless there’s a really good reason, senator, that we can’t.”

Dolcefino alongside with Jim “Mattress Mack” McIngvale has sued Harris County over the county’s refusal to flip over generally public information linked to the 2022 common election.

Also attesting in improve of the measure, McIngvale invoked Harris County’s issues with crime in addition to election transparency.

“Do not turn your back on us now; we’re asking you to send in the Texas Rangers and other law enforcement agencies to help us fight the rampant crime in Harris County,” stated McIngvale. “Now we’re fighting with you now to release the public election records that could heighten the breeding mistrust of our officials.”

Dolcefino and McIngvale held a press conference in entrance of the Texas Capitol after the listening to and famous that Harris County is the use of taxpayer finances to battle the ones in the hunt for public information.

Although the OAG dominated that Harris County should liberate information to Dolcefino and media shops similar to ABC 13 Houston, the county sued Attorney General Ken Paxton to block the discharge of paperwork, together with e mail communications and make contact with information for Elections Administrator Clifford Tatum.

The county claims that pending litigation — a couple of court cases in addition to 21 still-pending election contests — must save you the discharge of information, together with information linked to failure to supply minimal quantities of poll paper to greater than 100 vote casting places as required through state election code.

Harris County Attorney Christian Menefee has additionally joined in a Williamson County lawsuit over Paxton’s ruling {that a} state legislation requiring counties to stay voted ballots safe for 22 months following an election does now not preclude requestors from analyzing the ballots throughout the similar duration.

The Senate has already authorized regulation to take away the litigation exception for public information requests for election-related information; that invoice has now been referred to the House State Affairs Committee.

Harris County has now not best sued to save you the discharge of election information, however previous this month additionally sued Paxton to block get admission to to public information linked to the county’s obligatory Post Disaster Relocation and Buyout Program and formulation used to decide how a lot households are presented for his or her properties or relocation programs.

The City of Kemah additionally sued Paxton to save you the discharge of an investigative record into alleged misconduct through Police Chief Holland Jones. In telephone information supplied at The Texan’s request in regards to the case, Kemah redacted non-law enforcement calls with out offering a proof and has now not spoke back to requests for criminal justification.

Sen. Judith Zaffirini (D-Brownsville) added that some officers had used the COVID-19 pandemic to justify denying open information requests for greater than a 12 months and advised Bettencourt she would offer a pleasant modification to his regulation to save you that pretext for delays.

James Quintero of the Texas Public Policy Foundation voiced his group’s improve and within the listening to cited from the preamble to present TPIA.

“The people insist on remaining informed so that they may retain control over the instruments they have created,” quoted Quintero.

After listening to testimony for the invoice, Sen. Lois Kolkhorst (R-Brenham) thanked witnesses and added, “The point is, is that the government is the people’s government.”

“We just have to have a transparent government,” stated Kolkhorst.