Changes in Open Government Laws Could Benefit Texas

In testimony before the Senate Committee on Open Government several representatives of the Freedom of Information Foundation of Texas provided lawmakers with several suggestions about how “…the Legislature could improve on what is widely seen as one of the best public information acts in the country.”  Terri Burke told lawmakers improvements are needed to make sure the public can find out if tax money is being spent wisely with third-party private contractors.  ”Burke recommended that the Legislature produce definitions that make clear what information a government agency and its contractors must make public.”  These changes could reportedly help the state save money.  ”Amanda Crawford, the assistant Texas attorney general for open records, said between one-third and one-half of the lawsuits her office handles on public records requests are filed by government contractors who are trying to avoid disclosing information to potential competitors.”

On the topic of what to do about alleged “burdensome” or “frivolous” public information requests, FOIFT board member Russell Coleman urged restraint.  Coleman told committee members, “We encourage this committee to move ahead cautiously and not diminish the Public Information Act.”  Members of the legislature were also encouraged to address the issue of electronic communications such as emails, text messages and digital computer servers filled with millions of electronic records.  One way to do this according to FOIFT board member Joe Larsen, is for lawmakers to pass a law “…prohibiting public officials from deleting email messages.”