Relating to a governmental body's response to a request for public information.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Office of the Attorney General
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 2/3 legislative vote).
Compliance Deadline: June 20, 2025. The new requirements apply to all public information requests received on or after this date.
Agency Rulemaking: The Office of the Attorney General (OAG) is not explicitly required to promulgate new rules immediately, but we anticipate OAG guidance defining the specific parameters of a "failure to respond" complaint.
Immediate Action Plan
Immediate Audit: Public entities must audit open records queues to ensure no requests are sitting without a response; "ignoring it" is no longer a legal strategy.
Update Templates: Create and deploy a standard "No Responsive Records" letter/email template that is automatically logged upon sending.
Amend Vendor Contracts: Private entities must contact government clients to add notification riders regarding OAG violation notices to protect proprietary data.
Configure Software: Update FOIA management software to prevent closing a ticket without either a document release, a cost estimate, or a confirmed "Negative Response" notification.
Establish "Penalty Box" Protocol: Designate a specific legal counsel to handle OAG violation notices, as the response window is compressed to 5 days.
Operational Changes Required
Contracts
Private Sector Vendors & Contractors: Existing Master Services Agreements (MSAs) with state/local agencies require amendment. You must insert a "Notification of TPIA Violation" clause.
*Requirement:* The agency must agree to notify you immediately if they receive an OAG violation notice regarding your data.
*Reasoning:* If the agency is found in violation, they have only 5 business days to argue that your trade secrets constitute a "compelling reason" for non-disclosure. If they fail to notify you, they will likely miss this deadline, resulting in the release of your proprietary data.
Hiring/Training
Public Sector/Quasi-Governmental Entities:
Mandatory Training Trigger: If the OAG determines a "failure to respond" occurred, the Public Information Officer (PIO) must complete mandatory open records training within six months.
Workflow Training: Staff must be retrained immediately to stop ignoring "nuisance" requests or requests where no documents exist. Silence is now a punishable violation.
Reporting & Record-Keeping
Public Sector/Quasi-Governmental Entities:
"Negative Response" Logs: You must update tracking software (e.g., GovQA, JustFOIA) to log the exact date and time a "No Responsive Information" notice was sent. This must occur by the 10th business day.
ORD Citation: If withholding based on a Previous Determination, you must document that the specific Open Records Decision (ORD) number was provided to the requestor in writing by the 10th business day.
Fees & Costs
Cost Recovery Ban: If the OAG finds a violation, the governmental body is prohibited from charging the requestor for the production of that information.
Budget Impact: Agencies relying on TPIA cost recovery to offset administrative burdens face a 100% revenue loss on mishandled requests.
Strategic Ambiguities & Considerations
"Compelling Reason" Threshold: The statute mandates release of information upon violation unless a "compelling reason" exists. The text does not define this term. While third-party trade secrets are historically viewed as compelling, discretionary exceptions (e.g., deliberative process, attorney-client privilege) are likely waived automatically.
Definition of "Failure to Respond": The law penalizes a failure to respond. It is currently unclear if an *incomplete* or *partial* response triggers the penalty mechanism. Until OAG clarification is issued, treat any omission as a potential violation.
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Under the Texas Public Information Act, a governmental body must provide public information in its records to requestors promptly and without delay and has up to 10 days to seek an attorney general decision regarding the withholding of records. However, the bill author has informed the committee that there is currently no practical way to enforce this requirement when a governmental body does not respond to records requests in a timely fashion or does not respond at all. H.B. 4219 seeks to address this issue by imposing a deadline by which a governmental body must notify a requestor of public information regarding the withholding of the information or a lack of information responsive to the request, requiring the applicable exceptions to the Texas Public Information Act the governmental body states to the attorney general in asking for a decision to be specifically stated, and providing for a written complaint process that a requestor may use regarding a failure to respond to a request.
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. 4219 amends the Government Code to require the officer for public information of a governmental body that determines it has no information responsive to a request for public information to notify the requestor in writing not later than the 10th business day after the date the request is received. The bill requires the officer for public information of a governmental body that determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to do the following not later than the 10th business day after the date the request is received:
·notify the requestor in writing that the information is being withheld; and
·identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information.
H.B. 4219 specifies that the exceptions to state public information law that a governmental body is required to state in a request for an attorney general decision regarding the withholding of public information are specific exceptions.
H.B. 4219 authorizes a requestor of public information to send a written complaint to the attorney general if a governmental body fails to respond to the requestor as required under state public information law. The complaint must include the original request for information and any correspondence received from the governmental body in response to the request. The bill provides for the following if the attorney general determines the governmental body improperly failed to comply with state public information law requirements in connection with a request for which such a complaint is made:
·the attorney general is required to notify the governmental body in writing and require the governmental body's public information officer or the officer's designee to complete open records training not later than six months after receiving the notification;
·the governmental body may not assess costs to the requestor for producing information in response to the request; and
·if the governmental body seeks to withhold information in response to the request, the governmental body must do the following:
orequest an attorney general decision about whether the requested information is excepted from disclosure under state public information law not later than the fifth business day after the date the governmental body receives the written notification from the attorney general; and
orelease the requested information unless there is a compelling reason to withhold the information.
H.B. 4219 applies only to a request for information that is received by a governmental body or an officer for public information on or after the bill's effective date.
Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB4219 by Capriglione (Relating to a governmental body's response to a request for public information.), 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:
242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration
LBB Staff:
JMc, RStu, THO, NAz
Related Legislation
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HB4219 eliminates the "pocket veto" in the Texas Public Information Act (TPIA). Governmental bodies are now statutorily required to explicitly notify requestors if no responsive records exist or if a previous ruling is being used to withhold data. Failure to comply triggers an immediate prohibition on charging fees and, most critically, strips the agency of its ability to withhold information—potentially exposing private sector trade secrets—unless a "compelling reason" is proven within a strict 5-day window.
Q
Who authored HB4219?
HB4219 was authored by Texas Representative Giovanni Capriglione during the Regular Session.
Q
When was HB4219 signed into law?
HB4219 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB4219?
HB4219 is enforced by Office of the Attorney General.
Q
How urgent is compliance with HB4219?
The compliance urgency for HB4219 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB4219?
The cost impact of HB4219 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB4219 address?
HB4219 addresses topics including open records, attorney general and state agencies, boards & commissions.
Legislative data provided by LegiScanLast updated: November 25, 2025
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