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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB3711

Regular Session

Relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office.

Government Affairs & Regulatory Compliance Analysis

HB3711: Government Affairs Overview

HB3711 fundamentally alters the enforcement landscape for the Texas Open Meetings Act (TOMA) by removing the ability of local prosecutors to quietly dismiss complaints against government bodies. The law mandates that the Attorney General be notified of probable cause findings and that local prosecutors publicly post their specific reasons if they choose not to prosecute, significantly increasing the risk that "backroom deals" for government contracts or zoning variances will be exposed and voided.

Rep. Giovanni Capriglione·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-06-20
Enforcing Agencies

Attorney General's Office (Open Records Division) • County Attorneys • Criminal District Attorneys • District Attorneys

Business Impact

Who HB3711 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-06-20). Consider how these changes may affect your operations.

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Education

Affected business types:

  • School districts
  • Charter schools
  • Private schools
  • Education service providers
View all education legislation

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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HB3711
Relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office.
Moderate Urgency
Passed with Opposition
House Vote131 - 13
YEA
91% in favor144 voting
Senate Vote26 - 5
YEA
NAY
84% in favor31 voting
18
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Attorney General's OfficeCounty AttorneysCriminal District AttorneysDistrict Attorneys
Primary Author: Rep. Giovanni Capriglione
89th Texas Legislature
jdkey.com
01

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: June 20, 2025. Any decision by a prosecutor to terminate an investigation or decline prosecution on or after this date triggers the public notice requirement.
  • Agency Rulemaking: While no formal rulemaking period is mandated, the Attorney General’s Open Records Division is expected to issue guidance on the specific format for electronic submission of probable cause reports.

Immediate Action Plan

  • 1. Audit Active Negotiations: Identify any current bids or zoning applications where your team has met privately with multiple members of a government body.
  • 2. Update Indemnification: Revise standard terms for government contracts to protect against contract voidability resulting from TOMA violations by the municipality.
  • 3. Monitor DA Websites: Assign a paralegal to check the websites of the District/County Attorneys in your key markets on a monthly basis for TOMA declination notices.
  • 4. Strict "No Quorum" Policy: Issue a directive to all government affairs staff: No private meetings with a quorum of any government body, under any circumstances.

Operational Changes Required

Contracts

  • Government Vendor Agreements: Immediately review "Representations and Warranties" clauses in pending contracts with cities, counties, and school districts. Strengthen language requiring the government entity to warrant that "all proceedings related to the award and execution of this agreement were conducted in strict compliance with Texas Government Code Chapter 551."
  • Lobbyist Engagement Letters: Amend contracts with external lobbyists. Include indemnification clauses protecting your company if the lobbyist’s conduct (e.g., facilitating a "walking quorum") triggers a TOMA investigation.

Hiring/Training

  • Government Affairs Training: Retrain in-house government relations staff immediately. They must strictly refuse any invitation to private briefings or social gatherings that include a quorum of a board or council, as these are now high-probability targets for state-level investigation.

Reporting & Record-Keeping

  • Due Diligence Logs: Private entities must rigorously document all interactions with government officials, specifically noting attendees, to affirmatively prove your representatives did not facilitate an illegal meeting.
  • Prosecutor Monitoring: Legal departments must establish a workflow to monitor the official websites of District and County Attorneys in jurisdictions where you have active projects. A posted "Notice of Non-Prosecution" regarding a relevant government body is a red flag that your contract may be voidable.

Fees & Costs

  • No Direct Fees: There are no new filing fees for businesses.
  • Indirect Costs: Anticipate increased legal costs for defensive diligence. The Fiscal Note authorizes funding for additional Texas Rangers for the Public Integrity Unit, signaling a sharp increase in active investigations.

Strategic Ambiguities & Considerations

  • Depth of "Reason" for Non-Prosecution: The statute requires prosecutors to publish the "reason" for dropping a case but does not define the required detail. Prosecutors may attempt to use vague boilerplate (e.g., "insufficient evidence"), but we anticipate the Attorney General will pressure for factual specificity, potentially exposing embarrassing details about negotiations even if no charges are filed.
  • Scope of AG "Assistance": The bill allows the AG to "assist" upon request. However, because the AG now receives all probable cause reports automatically, this creates a mechanism for the AG to politically pressure local DAs to invite state intervention in local development or procurement disputes.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 4, 2025
Passed House
Apr 29, 2025
Passed Senate
May 26, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCity GovernmentCity Government--employees/officersCounty GovernmentCounty Government--employees/officersEducationEducation--school DistrictsEthicsOpen MeetingsCourtsCourts--prosecuting AttorneysAttorney GeneralLaw EnforcementPublic Notice
03

House Authors

Rep. Giovanni CapriglioneRepublican · Primary Author
Joint Authors

Senate Sponsor

Sen. Mayes MiddletonRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Giovanni Capriglione

View all bills by Rep. Giovanni Capriglione

Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB3711

Q

What does Texas HB3711 do?

HB3711 fundamentally alters the enforcement landscape for the Texas Open Meetings Act (TOMA) by removing the ability of local prosecutors to quietly dismiss complaints against government bodies. The law mandates that the Attorney General be notified of probable cause findings and that local prosecutors publicly post their specific reasons if they choose not to prosecute, significantly increasing the risk that "backroom deals" for government contracts or zoning variances will be exposed and voided.

Q

Who authored HB3711?

HB3711 was authored by Texas Representative Giovanni Capriglione during the Regular Session.

Q

When was HB3711 signed into law?

HB3711 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3711?

HB3711 is enforced by Attorney General's Office (Open Records Division), County Attorneys, Criminal District Attorneys and District Attorneys.

Q

How significant are the changes in HB3711?

The regulatory priority for HB3711 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB3711?

The cost impact of HB3711 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB3711 address?

HB3711 addresses topics including city government, city government--employees/officers, county government, county government--employees/officers and education.

Q

What are the key dates for HB3711?

Key dates for HB3711: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026