Relating to the applicability of the public information law, including the disclosure of information in the possession, custody, or control of certain governmental bodies.
HB 111 revises Texas public information law by narrowing or clarifying when certain entities and records are subject to disclosure under Chapter 552 of the Government Code. The bill expands the definition of “governmental body” to expressly include several additional public- or quasi-public entities, such as certain nonprofit corporations, local workforce boards, confinement facilities under contract with TDCJ, civil commitment housing facilities, and entities involved in Alamo restoration, while also carving out some economic development entities that meet specified conditions. It also creates a special rule for nonprofit state associations or organizations meeting the new definition, making records or communications created before September 1, 2025, not public information.
The bill further limits or refines several disclosure exceptions. It narrows the attorney-client exception by directing the attorney general to construe it narrowly and to allow withholding only to the minimum extent necessary to protect confidential legal communications. It also makes certain internal business records of qualifying nonprofit state associations or organizations confidential when they contain trade secrets, commercial or financial information, or proprietary information. In addition, it states that certain records and communications under Chapter 306 and certain commission working papers and confidential records held by other entities are not subject to the Public Information Act, and it repeals Sections 552.126 and 552.154.
The bill’s impact on state law is primarily on the scope and administration of the Texas Public Information Act. It changes which entities are treated as governmental bodies, which records are exempt from disclosure, and how the attorney general evaluates privilege claims. As a result, it would affect transparency obligations for a range of local, nonprofit, and quasi-governmental entities, as well as the public’s ability to obtain records from those bodies. It also creates a transition date for certain nonprofit association records and provides for immediate effect only if the bill receives the constitutionally required supermajority vote.
The general sentiment reflected in the voting history suggests the bill had meaningful support but also notable opposition. The House votes show passage with substantial majorities, but not unanimity, and the Senate committee reported the bill adversely while adopting a favorable committee substitute by a narrow 6-5 vote. That pattern indicates the bill was controversial, especially among members concerned about public access to information and the breadth of new confidentiality protections.
The main points of contention appear to be the balance between government transparency and confidentiality for quasi-public or nonprofit entities. Supporters likely viewed the bill as clarifying the Public Information Act and protecting sensitive internal, financial, and legal information for entities that perform public functions. Opponents likely objected to the expanded confidentiality provisions, the special treatment for nonprofit state associations, and the narrowing of disclosure obligations, particularly where public funds or public functions are involved.
HB 111 amends Chapter 552 of the Government Code, expanding the statutory definition of “governmental body” to cover additional entities and creating new confidentiality rules and exceptions for certain records. It narrows the attorney-client privilege application under the Public Information Act, exempts specified internal business records of qualifying nonprofit state associations from disclosure when they contain protected commercial or proprietary information, declares certain Chapter 306 records and commission working papers outside Chapter 552, and repeals Sections 552.126 and 552.154. The bill would therefore alter disclosure obligations for public, quasi-public, and nonprofit entities and affect requesters seeking records under the Texas Public Information Act.
The bill appears to have received mixed but substantial support. It passed the House with strong majorities on recorded votes, but the Senate committee process was closer and more divided, with the committee reporting it adversely while adopting a favorable committee substitute by a 6-5 vote. Overall, the discussion and voting history suggest support for the bill’s transparency clarifications and confidentiality protections, but also significant concern about limiting public access to records.
The central contention is whether HB 111 improves clarity and protects sensitive information or instead weakens public access to government-related records. Critics are likely focused on the expanded confidentiality for nonprofit state associations and other quasi-governmental entities, the special treatment of internal business records, and the narrowing of the Public Information Act’s reach. Supporters likely argue that the bill appropriately protects attorney-client communications, proprietary information, and records of entities that perform public functions but are not traditional government agencies. The narrow committee vote indicates disagreement over how far those protections should extend.