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Committee weighs expanding Public Information Act to some large nonprofits and tightening attorney‑client privilege
Summary
Senators examined House Bill 111, a measure that would extend parts of the Texas Public Information Act to larger nonprofit state associations and narrow some exceptions used to withhold records.
Senator Hughes introduced House Bill 111 to the Committee on Business & Commerce as a transparency measure to apply the Public Information Act to larger nonprofit state associations and to narrow some exceptions used to withhold records.
Hughes said, “House Bill 111 is about transparency. It's about sunshine and public access to government records,” and explained that the committee substitute raised the employee threshold from 15 to 30 full‑time employees after stakeholder feedback so small organizations without capacity would not be unduly burdened.
Proponents included Reid Pillafont of Haines & Boone speaking for the Texas Sunshine Coalition and the Freedom of Information Foundation of Texas. Pillafont focused on narrowing 552.107 (attorney‑client privilege) and said officials frequently over‑invoke the privilege to withhold records. He said codifying a narrow construction would help public information officers comply with the law.
James Quintero of the Texas Public Policy Foundation testified in support and argued the bill would let the public better see how tax dollars are spent through nonprofit associations. He cited the Texas Association of School Boards as an example of a large organization that receives public funding and where disclosure could increase public understanding.
Senators pressed on the cutoffs. Senator Menendez asked why transparency shouldn't apply to all organizations; Hughes answered that 30 full‑time employees was a compromise reached after stakeholder input that smaller organizations lacked bandwidth to respond effectively to public‑information requests.
The committee heard additional testimony in favor from the Texas Sunshine Coalition and the Freedom of Information Foundation and left HB 111 pending for further consideration.
Actions
Public testimony was taken; no formal committee vote recorded. Outcome: left pending.
Why it matters
The bill would extend public‑records obligations to certain large nonprofit state associations and change how privileges are construed, potentially increasing public access to records that relate to the expenditure of public funds.
