Texas Representative Hernandez of Dallas has introduced House Bill 981, aimed at modifying public access to certain litigation, law enforcement, corrections, and prosecutorial records under the state's public information law. The bill, introduced on November 12, 2024, seeks to clarify the conditions under which governmental bodies can withhold information related to ongoing or anticipated litigation.
Key provisions of HB981 include amendments to Sections 552.103 and 552.108 of the Government Code. The bill specifies that information can only be withheld if litigation is either pending or reasonably anticipated at the time a request for information is made. This anticipation is defined as a situation where a person has either threatened legal action in writing or made a written demand for compensation related to an alleged claim against the governmental body.
Additionally, the bill modifies the conditions under which certain records can be disclosed, particularly concerning the rights of individuals depicted in those records. It allows for the release of information if the subject of the record, or their immediate family members, consent to the disclosure.
The introduction of HB981 has sparked discussions among lawmakers and advocacy groups. Supporters argue that the bill enhances transparency and accountability in government operations, while critics express concerns that it may undermine the privacy rights of individuals involved in sensitive legal matters.
The bill's implications could be significant, as it aims to balance the public's right to access information with the need to protect individuals' privacy in legal contexts. If passed, HB981 will take effect on September 1, 2025, and will apply only to requests received after that date, ensuring that existing requests are governed by the previous law.
As the legislative session progresses, stakeholders will be closely monitoring the bill's journey through the Texas Legislature, anticipating potential amendments and debates that could shape its final form.