The nonpartisan principle that our government must operate in the sunlight unites Texans of all political persuasions.
We have the right—and responsibility—to monitor how tax money is spent and how public officials make decisions. But it takes access to information to do it.
Our state transparency laws envision citizens having power over the government. Therefore, the Texas Public Information Act and the Texas Open Meetings Act must be updated and improved during every legislative session so they function as intended.
The Texas Sunshine Coalition, representing 16 organizations with varying interests, works to protect the public’s right to know. Supporters of the coalition testified this month before a key Texas House committee on enhancing public information laws.
As we embark on National Sunshine Week, March 16-22, and call attention to open government, let’s embrace these bipartisan sunshine proposals in the Texas Legislature.
Enforcement
When governments don’t respond to information requestors or fail to provide all the applicable records, common-sense enforcement of the Public Information Act becomes necessary.
Requestors need a solid system for filing complaints with the attorney general, and government officials found to have acted wrongly should face consequences, such as mandatory open government training. Senate Bill 919 by State Sen. Judith Zaffirini (D-Laredo) and House Bill 4219 by State Rep. Giovanni Capriglione (R-Southlake) would achieve this.
If a requestor must file a lawsuit to force the release of information, there should be a way to recover attorneys’ fees if the requestor prevails. Texas appellate court decisions have made that difficult, allowing governments to hand over records at the last minute—often after costly litigation—and avoid paying legal fees.
Those who successfully sue a government to obtain information should recover attorneys’ fees or, as State Sen. Mayes Middleton (R-Galveston) recently pointed out, “that’s not a fair fight.” Pending legislation would clarify legal fee provisions. SB 824 by Middleton, HB 2248 by State Rep. John Smithee (R-Amarillo), and SB 1291 by State Sen. Nathan Johnson (D-Dallas) address the issue.
User-friendly Initiatives
Legislative proposals to help citizens and governments better use and implement the Public Information Act include requiring the attorney general’s office to operate a toll-free open-government hotline, ensuring government officials or outside legal counsel responding to citizens’ requests complete open-government training, and allowing mediation between a requestor and a government entity. These are contained in SB 1294 and SB 1295 by Johnson and SB 1130 by Middleton.
Disclosing basic information
Some governments store information in electronic spreadsheets but convert these documents to PDF images before producing them for the public. This conversion is unnecessary and makes it difficult to search and sort information. The attorney general’s office has recommended producing documents in their original format, including spreadsheets. SB 50 by Zaffirini and HB 4218 by Capriglione would codify this in law.
Ensuring that dates of birth are available in public records helps verify the identification of people with common names, whether in news reporting on crime or background checks conducted by lenders, landlords, and employers. Dates of birth on applications by candidates for office help voters understand who is on the ballot. Birthdate disclosure is done in a patchwork fashion across Texas following an Austin appellate court ruling a few years ago. HB 3719 by Rep. Todd Hunter, R-Corpus Christi, and SB 1293 by Johnson would eliminate confusion and restore access to this basic information.
All these sunshine proposals center on preserving our rights, and the free flow of information goes hand in hand with the First Amendment liberty to freely speak out about government.
“It’s about truth,” Middleton said, noting that the Texas Public Information Act affirms that citizens grant powers to the government, not the other way around. “The rights belong to the people.”
This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, it must be no longer than 800 words. Send to: submission@texasscorecard.com
