HB 4219

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

HB 4219, introduced by Representative Capriglione, amends the Texas Government Code to strengthen transparency requirements under the Public Information Act. The bill focuses on ensuring governmental bodies respond to public information requests in a timely and accountable manner. It explicitly requires that, within 10 business days of receiving a public information request, the officer for public information must notify the requestor in writing if either (1) no responsive records exist, or (2) the requested information is subject to a previous ruling from the Attorney General that permits or requires withholding. In the latter case, the governmental body must also identify the specific prior determination being relied upon.

The bill also amends Section 552.301(b) to reinforce the 10-day deadline for seeking a new Attorney General decision if a governmental body wishes to withhold information not covered by a prior determination. Further, HB 4219 adds a new enforcement provision under Section 552.328, allowing requestors to file a written complaint with the Attorney General when governmental bodies fail to respond as required. If the Attorney General finds noncompliance, the governmental body must undergo open records training and is barred from charging the requestor any costs associated with producing the information. Additionally, if the governmental body still seeks to withhold information, it must request a ruling from the Attorney General within five business days of the AG’s notice of violation.

This bill aims to curb delays and non-responsiveness from governmental bodies and gives requestors a clearer, enforceable pathway for recourse. It strengthens the procedural integrity of the Public Information Act, enhances government transparency, and ensures that citizens and organizations can effectively exercise their right to access public records.

Author (1)
Giovanni Capriglione
Sponsor (1)
Judith Zaffirini
Co-Sponsor (3)
Juan Hinojosa
Lois Kolkhorst
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4219 is not anticipated to have a significant fiscal impact on the State of Texas. The analysis indicates that any administrative costs associated with implementing the bill’s new requirements—such as providing timely written responses to information requests or undergoing mandated training following a compliance failure—could be absorbed within the existing resources of state agencies.

The bill does impose new duties on governmental bodies, particularly in response and training requirements triggered by noncompliance. However, these duties are not expected to require additional appropriations or staffing increases. The Office of the Attorney General, which would receive and act upon complaints from requestors, is also not projected to incur substantial new expenses beyond what it can manage under its current budget.

Similarly, no significant fiscal impact is expected for local governmental entities. While the bill may require local governments to adjust internal procedures or provide additional staff training to ensure compliance with the new statutory deadlines, these changes are not forecasted to result in material financial strain. Overall, HB 4219 is considered fiscally neutral and administratively feasible for both state and local governments​.

Vote Recommendation Notes

HB 4219 is a transparency-focused measure that enhances public accountability without expanding the size or scope of government. The bill addresses a longstanding gap in the Texas Public Information Act by requiring governmental bodies to provide written notice within 10 business days if no responsive records exist or if information is being withheld under a prior attorney general ruling. It also introduces a complaint process through the Office of the Attorney General, which enables requestors to seek redress when a governmental body fails to respond. These changes are aimed at ensuring timely compliance with already existing legal duties—not at creating new ones.

Importantly, HB 4219 does not grow government infrastructure, establish new programs, or grant new regulatory authority. Instead, it reinforces compliance with transparency standards already in law and holds public officials accountable through existing training and oversight mechanisms. The bill also places the cost of noncompliance on the agency at fault—by prohibiting them from charging the requestor for information in such cases—rather than shifting any burden to taxpayers or the public.

The Legislative Budget Board confirms that no significant fiscal impact is expected for state or local governments, as implementation can be handled using current resources​. Additionally, HB 4219 imposes no new mandates on individuals or private businesses and, in fact, reduces procedural obstacles for those seeking public information.

In conclusion, HB 4219 advances the principle of limited, accountable government by promoting timely public access to records, without imposing regulatory or financial burdens on the public or the private sector. It is a well-calibrated policy that strengthens transparency without growing government. Texas Policy Research recommends that lawmakers vote YES on HB 4219.

  • This bill strongly reinforces the principle of individual liberty by enhancing the public’s right to access government-held information. Transparency is a foundational component of a free society; the ability of citizens to hold government accountable depends on timely, reliable access to public records. HB 4219 empowers individuals by establishing clear response deadlines and creating an actionable complaint process when those rights are ignored or violated. In doing so, it gives people not only the right to request information but also the means to enforce that right.
  • HB 4219 promotes personal responsibility within government by holding public officials accountable for failing to comply with open records laws. The bill requires public information officers to complete remedial training when violations occur and imposes consequences such as prohibiting fee recovery from the requestor. These mechanisms help ensure that those entrusted with public duties act in a timely and lawful manner, reinforcing a culture of responsibility within public service.
  • By reinforcing existing transparency laws and ensuring enforcement through civil—not criminal—mechanisms, HB 4219 supports limited government. It does not create new programs or expand bureaucratic power. Rather, it constrains government opacity and inaction, preventing agencies from ignoring information requests without recourse. The bill ensures that government remains a service to the people, not a gatekeeper of information, aligning with the ideal of a government limited in power and subject to public oversight.
  • While the bill is not targeted at the private sector, it supports free enterprise indirectly. Journalists, researchers, and businesses often rely on timely access to public records for decision-making, due diligence, and oversight. By removing procedural bottlenecks, HB 4219 helps ensure the flow of information that supports market transparency and an informed civil society.
  • The bill does not directly affect property rights but could have a marginal positive impact. Individuals researching land use, zoning, regulatory enforcement, or local government activity related to their property would benefit from more responsive and accessible public records systems. In this way, HB 4219 supports property owners’ ability to advocate for and protect their interests using government-held data.
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