HB3516

Regular Session

Relating to the availability of certain working papers and electronic communications of certain administrative law judges and technical examiners under the public information law.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Railroad Commission of Texas (RRC) • Office of the Attorney General (regarding Public Information Act rulings)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Immediate. Legal strategies regarding active RRC dockets must be adjusted today.
Agency Rulemaking: No formal rulemaking is required for the exemption to apply. However, expect immediate internal policy shifts at the RRC General Counsel’s office regarding how they process pending and future PIA requests.

Immediate Action Plan

1. Audit Active Dockets: Identify all ongoing contested cases or permit protests at the RRC.
2. Halt Specific PIA Requests: Instruct counsel to stop filing Open Records requests for RRC examiner emails/notes, as these will now be summarily rejected.
3. Maximize the Record: Direct legal teams to ensure all technical data and arguments are explicitly read into the hearing record, as post-hearing discovery of examiner "confusion" is no longer possible.
4. Monitor "Fact" Withholding: If the RRC withholds raw data under this exception, prepare to file a challenge with the Attorney General immediately to distinguish "data" from "deliberation."

Operational Changes Required

Contracts

Outside Counsel Engagement Letters: Review agreements with external regulatory counsel. Ensure scopes of work do not include billable hours for PIA requests targeting RRC examiner communications, as these are now statutorily barred.
Settlement Agreements: Do not condition settlements on the production of internal RRC working papers; the agency will withhold them regardless of party consent.

Hiring/Training

Legal Team Training: In-house counsel and government affairs staff must be briefed that the "back channel" view into examiner deliberations is closed.
Litigation Strategy: Teams must be retrained to ensure every piece of evidence and argument is formally entered into the administrative record during hearings. You can no longer rely on discovering an examiner’s "draft order" or email confusion to prove they misunderstood evidence.

Reporting & Record-Keeping

Defensive Documentation: Because you can no longer access examiner emails to verify if opposing parties have influenced the docket ex parte, your team must strictly memorialize all verbal and written interactions with RRC Technical Examiners to create your own paper trail.

Fees & Costs

Litigation Costs: While direct regulatory fees remain unchanged, anticipate potentially higher legal costs in contested cases. Proving "arbitrary and capricious" agency conduct will now require more robust briefing on the official record rather than reliance on discovered internal emails.

Strategic Ambiguities & Considerations

Definition of "Technical Examiner": The statute protects "Technical Examiners" but does not strictly define the scope of this role. We anticipate the RRC will apply this label broadly to staff engineers, geologists, and inspectors involved in dockets to shield their communications from disclosure.
Fact vs. Deliberation: The law protects "thoughts, questions, and deliberations." It does not explicitly protect purely factual data. However, agencies often commingle facts with deliberations to withhold entire documents. Businesses must be prepared to challenge the RRC at the Attorney General's office to force the segregation and release of factual data embedded in privileged emails.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--judges Electronic Information Systems Open Records State Agencies, Boards & Commissions State Agencies, Boards & Commissions--admin. Procedure Email & Electronic Communications Railroad Commission

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 3516

By: Dyson

Energy Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Railroad Commission of Texas (RRC) employs administrative law judges and technical examiners to adjudicate contested cases on matters regulated by the RRC. The RRC reports that, while those RRC employees' function is similar to that of the employees of the State Office of Administrative Hearings (SOAH), the potentially sensitive information created and maintained by those RRC employees is not protected from disclosure under the public information law to the same extent as similar SOAH information. The bill author has informed the committee that this lack of protection inhibits the RRC's performance of its contested case function due to a concern for public disclosure of sensitive information. H.B. 3516 seeks to remedy this issue by excepting from disclosure under the public information law certain information maintained by the RRC.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3516 amends the Government Code to extend the applicability of the exception of certain specified working papers and electronic communications of an administrative law judge at the State Office of Administrative Hearings from the public availability requirement of state public information law to such working papers and electronic communications of a technical examiner or administrative law judge at the Railroad Commission of Texas.

H.B. 3516 applies only to a request for public information received by a governmental body or an officer for public information on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Paul DysonRepublican · Primary Author

Senate Sponsor

Sen. Nathan JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 3516

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the availability of certain working papers and
	electronic communications of certain administrative law judges and
	technical examiners under the public information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 552.144, Government Code, is amended to
	read as follows:
	Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC
	COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AND TECHNICAL
	EXAMINERS AT STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RAILROAD
	COMMISSION. The following working papers and electronic
	communications of an administrative law judge at the State Office
	of Administrative Hearings or of a technical examiner or
	administrative law judge at the Railroad Commission of Texas are
	excepted from the requirements of Section 552.021:
	(1) notes and electronic communications recording the
	observations, thoughts, questions, deliberations, or impressions
	of an administrative law judge or a technical examiner;
	(2) drafts of a proposal for decision;
	(3) drafts of orders made in connection with
	conducting contested case hearings; and
	(4) drafts of orders made in connection with
	conducting alternative dispute resolution procedures.
	SECTION 2. The changes in law made by this Act apply only to
	a request for public information received by a governmental body or
	an officer for public information on or after the effective date of
	this Act.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 27, 2025

TO:	Honorable Drew Darby, Chair, House Committee on Energy Resources

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB3516 by Dyson (Relating to the availability of certain working papers and electronic communications of certain administrative law judges and technical examiners under the public information law.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

455 Railroad Commission

LBB Staff:

JMc, RStu, MW, JOc

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Frequently Asked Questions

Common questions about HB3516

What does Texas HB3516 do?

Effective immediately, the Railroad Commission of Texas (RRC) is authorized to withhold the internal working papers, drafts, and electronic communications of Administrative Law Judges (ALJs) and Technical Examiners from Public Information Act (PIA) requests. This legislation eliminates a critical discovery tool for energy sector businesses involved in contested cases, permitting disputes, and enforcement actions, forcing a pivot in litigation strategy. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB3516?

HB3516 was authored by Texas Representative Paul Dyson during the Regular Session.

When was HB3516 signed into law?

HB3516 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB3516?

HB3516 is enforced by Railroad Commission of Texas (RRC) and Office of the Attorney General (regarding Public Information Act rulings).

How urgent is compliance with HB3516?

The compliance urgency for HB3516 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB3516?

The cost impact of HB3516 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB3516 address?

HB3516 addresses topics including courts, courts--judges, electronic information systems, open records and state agencies, boards & commissions.

Legislative data provided by LegiScanLast updated: November 25, 2025

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