HB 4990

Overall Vote Recommendation
Neutral
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
positive
Individual Liberty
Digest
HB 4990 amends the Texas Public Information Act to establish new mechanisms intended to improve compliance with Texas open records law by governmental bodies. The bill requires the Office of the Attorney General (OAG) to create and operate a toll-free Open Records Hotline that members of the public and government employees or officials may use to obtain guidance on requesting public information and complying with the requirements of Chapter 552, Government Code. The Attorney General is directed to provide responses that promote compliance with the Public Information Act.

The bill also creates a formal complaint process for individuals who believe a governmental body has failed to comply with the Public Information Act after requesting records. A complainant must submit the original request, any related correspondence from the governmental body, and an explanation of the alleged violation. The Attorney General may request additional information from the governmental body, which must respond within five business days. The Attorney General is then required to review the complaint and issue a written response to both the complainant and the governmental body within 20 business days of receiving the complaint.

Additionally, HB 4990 revises the existing process for complaints alleging excessive charges for copies of public information. The bill shortens the deadline for governmental bodies to respond to written questions from the Attorney General regarding disputed charges from 10 business days to five business days, while leaving the Attorney General's 10-business-day deadline to determine the appropriate charge unchanged. The revised complaint procedures for excessive charges apply only to complaints filed on or after the bill's effective date.
Author (1)
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4990 would have a negative fiscal impact of approximately $8.1 million on General Revenue-related funds during the 2026–27 biennium, with no direct appropriation included in the bill itself. However, the bill would provide the legal basis for future appropriations needed to implement its provisions. Annual General Revenue costs are estimated at $6.76 million in fiscal year 2026, followed by $1.37 million each year thereafter through at least fiscal year 2030.

The majority of the fiscal impact stems from expanded responsibilities assigned to the Office of the Attorney General (OAG). The bill requires the OAG to establish and operate a statewide toll-free Open Records Hotline and to administer a new formal complaint process for alleged violations of the Public Information Act. The agency anticipates a substantial increase in complaint volume and administrative workload, requiring the addition of seven full-time employees, including attorneys, administrative support, management, and information technology personnel. Annual personnel costs are estimated at approximately $868,000, with additional recurring operating expenses of about $58,000 per year.

A significant portion of the first-year cost is attributable to technology investments needed to implement the bill. The LBB reports a one-time technology expenditure of approximately $5.77 million in fiscal year 2026 to upgrade the Attorney General's complaint intake and case management systems, automate statutory deadlines, and generate required notices and responses. In addition, the agency anticipates ongoing technology costs of approximately $447,000 annually for software licensing, cloud services, data center operations, and telecommunications after the initial implementation year.

The LBB concludes that the bill is not expected to have a significant fiscal impact on local governments, as the primary implementation responsibilities and associated costs fall on the Office of the Attorney General.

Vote Recommendation Notes

HB 4990 presents a clear tradeoff between expanding the administrative capacity of state government and improving government transparency. The bill increases the size and cost of the Office of the Attorney General by establishing a formal complaint process, codifying the Open Records Hotline, and requiring additional personnel and technology to administer these functions. According to the LBB, implementation is expected to cost approximately $8.1 million in General Revenue during the 2026–27 biennium, representing a measurable increase in taxpayer-funded government operations.

At the same time, the bill does not materially increase the regulatory burden on private individuals or businesses. Instead, it strengthens enforcement of existing public information laws by providing additional mechanisms for citizens to seek compliance from governmental bodies. The legislation creates no new rulemaking authority, criminal penalties, or substantive regulatory requirements for the private sector.

Because the bill expands state administrative capacity and taxpayer expenditures while also promoting greater transparency and accountability within government itself, the overall policy balance is mixed. Lawmakers who prioritize limiting the growth of government may view the additional bureaucracy and recurring costs as unwarranted, while those who place greater emphasis on holding government accountable may conclude the added administrative infrastructure is justified. As a result, the bill does not present a clear liberty outcome in either direction, and as such, Texas Policy Research remains NEUTRAL.

  • Individual Liberty: The bill modestly advances individual liberty by strengthening the public's ability to access government records and hold governmental bodies accountable under existing law. It creates a formal complaint process for alleged violations of the Texas Public Information Act and codifies the Attorney General's Open Records Hotline, providing additional avenues for citizens to enforce their existing rights. The bill does not impose new restrictions, mandates, or penalties on private individuals.
  • Personal Responsibility: The bill has little direct effect on personal responsibility. It neither creates incentives for greater individual self-reliance nor expands government benefits or services that substitute for personal decision-making. Instead, it establishes administrative procedures governing interactions between citizens and governmental bodies.
  • Free Enterprise: The bill has no meaningful impact on free enterprise. It does not regulate businesses, impose new licensing or compliance requirements, create barriers to market entry, or provide subsidies or preferential treatment. Its provisions apply to governmental bodies' compliance with public information law rather than private economic activity.
  • Private Property Rights: The bill does not affect the ownership, use, or control of private property. It creates no new authority over landowners or property holders, does not authorize takings, and does not impose property-related compliance requirements.
  • Limited Government: The bill expands the administrative scope of state government by assigning new responsibilities to the Office of the Attorney General, including operation of the Open Records Hotline and administration of a formal complaint process. Implementation requires additional personnel, technology investments, and ongoing appropriations, resulting in an estimated $8.1 million General Revenue cost during the 2026–27 biennium. While these expansions are directed toward improving government accountability rather than regulating private conduct, they nevertheless increase the size, cost, and administrative capacity of state government.
Related Legislation
View Bill Text and Status