According to the Legislative Budget Board (LBB), HB 2248 would have no significant fiscal implication to the State. The bill imposes new requirements on governmental bodies related to the timely handling of public information requests, such as mandating written notice within 10 business days when no responsive records are available and prohibiting fees in certain non-compliance scenarios. Despite these operational changes, the LBB expects that state agencies can implement these requirements using existing staff and resources.

However, the analysis does acknowledge areas of fiscal uncertainty. Specifically, the bill prohibits governmental bodies from charging requestors in certain cases of delay or improper procedure. While this could result in some loss of cost-recovery revenue, especially for agencies that process a large volume of requests, the LBB did not estimate the financial impact, citing it as unknown. This implies that while the bill may modestly reduce agency revenues from records requests, the overall budgetary impact is not expected to be significant.

Additionally, the bill directs courts to assess litigation costs and attorney fees in cases where an intervening requestor substantially prevails in a lawsuit under the Texas Public Information Act. The revenue or expenditure impact of this provision is also uncertain, as it would depend on the number of applicable cases and court decisions. Nonetheless, such costs are likely to be absorbed by existing judicial processes and do not constitute a significant budgetary burden.

Finally, the fiscal note affirms that local governments are not expected to face substantial fiscal consequences from the bill. Though they may also experience some reduction in cost recovery from public information request fees, the operational burden is not anticipated to be large enough to require additional funding or staffing.

HB 2248, as substituted in committee, deserves a favorable vote recommendation due to its clear advancement of transparency, accountability, and public accessibility in government operations under the Texas Public Information Act (TPIA). The bill addresses notable procedural deficiencies in current law that can delay or obstruct timely access to public information. Specifically, HB 2248 strengthens statutory timelines by requiring governmental bodies to notify requestors within 10 business days when no records are available or when records are withheld under a previous determination. It extends the statutory definition of “promptly” to encompass a broader set of obligations, reinforcing timely compliance as a legal expectation rather than a discretionary courtesy.

The bill also tackles equity and fairness for requestors by prohibiting agencies from charging fees under certain noncompliance conditions, such as untimely clarification requests or failure to meet required notices when seeking an attorney general decision. Importantly, it closes a gap in litigation recovery: courts are now required to award attorney fees and court costs not just when a plaintiff prevails, but also when information is released voluntarily after the suit is filed—a loophole that appellate courts had exploited to deny fee recovery. This directly addresses the financial burden and risk to citizens and journalists who challenge improper denials of public information.

From a limited government and accountability perspective, the bill empowers the Attorney General to investigate complaints and impose corrective training when a governmental body fails to respond to a request. These enforcement tools are moderate but meaningful, incentivizing better compliance without resorting to criminal penalties or heavy-handed regulation. The fiscal impact of the bill is considered minimal and manageable by the Legislative Budget Board, further reinforcing its administrative feasibility.

Overall, HB 2248 carefully balances the interests of transparency advocates with the operational realities of public agencies. It strengthens individual liberty, supports limited and accountable government, and upholds constitutional access to public records without imposing significant fiscal or administrative burdens. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 2248.

• Individual Liberty: At its core, this bill reinforces the public's right to access government records, a fundamental component of individual liberty and civic oversight. By mandating timely written notifications when records are unavailable or withheld and ensuring that governmental bodies face consequences for procedural delays, the bill empowers individuals to exercise their constitutional rights under the Texas Public Information Act. The bill also makes it more feasible for citizens to pursue litigation by clarifying their right to recover attorney fees and court costs, thus reducing the chilling effect that financial barriers can create when government transparency is obstructed.
• Personal Responsibility: The bill implicitly upholds the principle of personal responsibility within government agencies. By requiring public officials to meet response deadlines and comply with training if they fail, the law reinforces that public service comes with duties that must be fulfilled responsibly. However, it does not impose or encourage new obligations on private individuals beyond enabling their rights.
• Free Enterprise: While the bill is not aimed at the business sector, its impact on transparency in government can benefit businesses by ensuring equitable access to public data. For example, companies navigating procurement, licensing, permitting, or regulatory environments often rely on open records to monitor agency actions and ensure fair treatment. More predictable and accessible information flow supports an open and competitive market.
• Private Property Rights: HB 2248 does not create, restrict, or alter any legal protections concerning property ownership or use. Its provisions are procedural and administrative, centered on information law.
• Limited Government: HB 2248 places clear procedural constraints on governmental bodies, compelling them to act transparently, communicate promptly, and follow established legal processes when withholding records. The complaint mechanism allowing the Attorney General to intervene when agencies fail to respond, as well as the prohibition on cost recovery in noncompliant cases, enforces accountability without expanding bureaucracy. These measures check government discretion and enforce compliance through legal norms rather than administrative growth, aligning with a vision of restrained and law-bound governance.

• SB 824 (Same As)
• SB 852 (Same As)