Senate Bill No. 986 aims to improve the procedures under Texas's public information law by introducing expedited response protocols and imposing penalties for bad faith requests. A significant addition is Subchapter K, which allows governmental bodies that meet specific training and authorization criteria to withhold information deemed excepted from disclosure without needing to seek an attorney general decision. The bill also introduces financial penalties, including a $1,000 charge for processing bad faith requests and a $500 daily charge for delays in providing information following a bad faith determination. Additionally, the bill clarifies response timelines and establishes that if a governmental body fails to request an attorney general decision promptly, the information is presumed public and must be released unless there is a compelling reason to withhold it.

Moreover, the bill mandates training and certification for individuals providing confirmations under Section 552.403(a)(4)(F) and requires governmental bodies to maintain and publicly share these training certificates. It establishes a process for revoking a governmental body's authorization to respond to requests if compliance requirements are not met, with the Attorney General responsible for revocation and notification. The bill also requires the Attorney General to publish lists of individuals with active training certificates and those whose authorizations have been revoked, along with data collection on compliance and training to be reported by February 1, 2027. The new provisions will apply only to requests received on or after the effective date of the Act, set for September 1, 2025.

Statutes affected:
Introduced: Government Code 552.2615, Government Code 552.263, Government Code 552.302, Government Code 552.321, Government Code 552.352, Government Code 6.03, Chapter , Government Code 552.324 (Government Code 552, Government Code 6, Chapter , Government Code 552)
Senate Committee Report: Government Code 552.2615, Government Code 552.263, Government Code 552.302, Government Code 552.321, Government Code 552.352, Government Code 6.03, Chapter , Government Code 552.324 (Government Code 552, Government Code 6, Chapter , Government Code 552)
Engrossed: Government Code 552.2615, Government Code 552.263, Government Code 552.302, Government Code 552.321, Government Code 552.352, Government Code 6.03, Chapter , Government Code 552.324 (Government Code 552, Government Code 6, Chapter , Government Code 552)