HB 1678

AN ACT relating to the collection and disclosure of certain public

House Bill Canales
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Modifies Texas public records disclosure laws, primarily focusing on body-worn camera recordings and governmental information release procedures. It clarifies definitions of recordings, expands public access to basic information about arrests and crimes, and establishes stricter rules for governmental bodies responding to public information requests. The bill aims to increase transparency by presuming requested information is public unless there's a compelling reason to withhold it, affecting law enforcement agencies, local governments, and citizens seeking public records.

Subject Areas

Bill Text

relating to the collection and disclosure of certain public
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter C, Chapter 2B, Code of Criminal
Procedure, is amended by adding Article 2B.01015 to read as
Art. 2B.01015.  RECORDINGS; APPLICABILITY. (a) A reference
in this subchapter to a "recording" by a body worn camera, however
phrased, means an audio recording, a video recording, or an
(b)  Subsection (a) applies to a "body worn camera
recording," a "recording created with a body worn camera,"
"information recorded by a body worn camera," "recorded
information," and any synonymous word or phrase.
SECTION 2.  Section 552.101, Government Code, is amended to
Sec. 552.101.  EXCEPTION: CONFIDENTIAL INFORMATION.  (a)
Subject to Subsection (b), information [Information] is excepted
from the requirements of Section 552.021 if it is information
considered to be confidential by law, either constitutional,
statutory, or by judicial decision.
(b)  This section does not encompass:
(1)  the attorney-client privilege;
(2)  the work product privilege;
(3)  another exception to disclosure provided by this
(4)  a state or federal discovery privilege, including
a discovery privilege provided by the:
(A)  Texas Rules of Civil Procedure;
(C)  Texas Disciplinary Rules of Professional
(D)  Federal Rules of Evidence; or
(E)  Federal Rules of Civil Procedure.
SECTION 3.  Section 552.108(c), Government Code, is amended
(c)  This section does not except basic information from the
requirements of Section 552.021 [information that is basic
information about an arrested person, an arrest, or a crime].  A
governmental body shall promptly release basic information
responsive to a request made under this chapter unless the
governmental body seeks to withhold the information as provided by
another provision of this chapter, and regardless of whether the
governmental body requests an attorney general decision under
Subchapter G regarding other information subject to the request.
SECTION 4.  Section 552.302, Government Code, is amended to
Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC.  (a)
Subject to Subsection (b), if [If] a governmental body does not
request an attorney general decision as provided by Section 552.301
and provide the requestor with the information required by Sections
552.301(d) and (e-1), the information requested in writing is
presumed to be subject to required public disclosure and must be
released unless there is a compelling reason to withhold the
(b)  Sections 552.103, 552.104, 552.105, 552.106, 552.108,
552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144,
552.146, 552.153(b)(1), and 552.154 do not constitute compelling
reasons for a governmental body that fails to comply with the
requirements of Section 552.301 to withhold information under
(c)  The exclusion of an exception to disclosure from the
list in Subsection (b) does not create a presumption that the
exception constitutes a compelling reason for a governmental body
to withhold information under Subsection (a).
SECTION 5.  Section 118.011(e), Local Government Code, is
(e)  A county clerk who provides a copy in a format other than
paper of a record maintained by the clerk shall provide the copy and
charge a fee in accordance with Section [Sections 552.231 and]
SECTION 6.  Section 552.231, Government Code, is repealed.
SECTION 7.  The changes in law made by this Act apply only to
a request for public information received on or after the effective
SECTION 8.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the collection and disclosure of certain public