Abbott Takes Final Bill Actions; Issues Call for July Special Session

Gov. Greg Abbott capped Sunday night's final actions on measures passed in the regular session of the 89th Texas Legislature by issuing a handful of vetoes and calling for a July 21 special session.
Among the measures vetoed was the ban of THC products contained in SB 3 by Sen. Charles Perry, R-Lubbock.

The bill, which also expanded the state's legal medicinal marijuana program, was one of Lt. Gov. Dan Patrick's legislative priorities.

A 2019 law allowed the sale of certain hemp-based retail products in Texas, a move that also created a notable broadcast advertising category.

In his SB 3 veto message , Abbott called the measure "well intentioned," but said it would not have survived "valid constitutional challenges."

The call also includes other topics addressed by bills that were either vetoed or filed without signature such as SB 648 (recording of real property), SB 1253 (water projects), SB 1278 (sex trafficking victims), SB 1758 (cement facilities), and SB 2878 (judicial branch operations).

The call could be expanded in the coming weeks to include additional topics such as congressional redistricting and taxpayer-funded lobbying, for example.

TAB-Advocated Measures Become Law

Abbott signed two TAB-advocated measures into law last Friday that address broadcast business and Open Government issues.

SB 263 by Charles Perry, R-Lubbock, clarifies existing state law to further ensure that Radio broadcasters may take Cost of Goods Sold (COGS) into consideration when calculating their state franchise tax liability just as TV broadcasters are permitted to do.

The new law went into immediate effect.

The other measure, HB 4219 by Rep. Giovanni Capriglione, R-Southlake, will go into effect Sept. 1.
HB 4219 requires a government agency to notify a TPIA requestor in writing (within 10 business days of receiving a TPIA request) if that governmental body determined that no such records exist.

TAB and other members of the Texas Sunshine Coalition have tried to pass a so-called "required
response" bill since the 2017 legislative session.

The law also requires the requestor to be notified in writing if a government agency determines that
the requested information may be withheld due to a previous attorney general determination.

If a government agency fails to respond, a requestor may file a written complaint with the attorney
general.

If the AG's office determines the agency acted improperly, it can order release of the information (at no
cost to the requestor) and require the applicable public information officer or their designee to
complete open records training.

The passage of legislation such as SB 263 or HB 4219 is the work of many individuals, including TAB member stations' staff who showed their willingness to contact local lawmakers when asked to do so by TAB during the past five months.

TAB thanks the following broadcasters and attorneys in particular for their work to advance TAB's newsroom priority bills, through their service on TAB's Newsroom Legislative Committee or in bill testimony before House or Senate committees:

• Stacy Allen, TAB state counsel Jackson Walker LLP
• Jaie Avila, WOAI-TV San Antonio
• Rob Cartwright, KEYE-TV Austin
• Rachel Clow, KRIS-TV Corpus Christi
• Joe Ellis, KVUE-TV Austin
• Josh Hinkle, KXAN-TV Austin
• Reid Pillifant, TAB Associate member law firm, Haynes Boone LLP
• Laura Prather, TAB Associate member law firm, Haynes Boone LLP
• Amy Villarreal, KEYE-TV Austin

TAB also appreciates its government transparency partners, the Freedom of Information Foundation of Texas, the Texas Press Association, and other members of the Texas Sunshine Coalition.
Status of other Sunshine Coalition priority bills

The majority of the Texas Sunshine Coalition's Open Government bills died in the Senate Business and Commerce Committee without ever receiving a hearing after their initial passage by the Texas House.
These include TAB-advocated measures to:

• Allow the release of dates of birth contained in governmental records unless prevented by constitutional or other federal or state law. (HB 3719 by Rep. Todd Hunter, R-Corpus Christi)
• Allow requestors to potentially collect attorney fees in civil lawsuits to force the release of information. (HB 2248 by Rep. John Smithee, R-Amarillo)
• Mandate attorney training in the TOMA and the TPIA by lawyers advising government agencies about that agency's responsibilities under the laws. (HB 4991 by Rep. Terry Canales, D-Edinburg)

Other House measures did not clear key House bill deadlines including bills to:

• Require the release of electronic public information in a searchable and sortable format (such as an Excel spreadsheet) if that information is maintained in that manner. (HB 4218 by Rep. Giovanni Capriglione, R-Southlake)
• Codify the Attorney General's practice of operating a toll-free open records hotline to assist Texans in the procedure to request information under the TPIA and create a written complaint process for requesters to use with the Attorney General's office in instances in which the requestor believed that the government agency had failed to provide information in compliance with the law. (HB 4990 by Rep. Terry Canales, D-Edinburg)

Several companion bills died without receiving a committee hearing in either chamber including measures to:

• Allow requestors to seek a sought a declaratory judgment in an open meetings or open records case. (HB 5585 by Rep. John Bryant, D-Dallas / SB 1291 by Sen. Nathan Johnson, D-Dallas)
• Allow third-party mediation between requestors and government to resolve issues of cost, alleged need to program or manipulate data, or dispute the need for an AG decision.
• (HB 4987 by Rep. Terry Canales, D-Edinburg / SB 1130 by Sen. Mayes Middleton, R-Galveston)
• Bring more transparency to government contracts and contracting. (SB 2632 by Sen. Nathan Johnson, D-Dallas)

A Surprising Open Government Veto

Open Government advocates were disappointed by Abbott's last-minute veto of a positive Texas Open
Meetings Act measure, HB 2520 by Rep. Ann Johnson, D-Houston.

The bill would have made the appointed board of managers of a school district taken over by the state
to be subject to TOMA and clarified that postings of open meetings required under TOMA must include
an agenda that is "sufficiently specific to inform the public of each subject to be considered in the open
portion of the meeting, including any matter that is special or unusual, or in which the public may have a particular interest."

The state takeover of the Houston Independent School District has been cited by Open Government
groups for its lack of operational transparency, spurring the bill's filing.

In his veto message Abbott said, "if a board of managers is not doing its duty, the answer is not to
duplicate laws already on the books."

Questions? Contact TAB's Michael Schneider or call (512) 322-9944.