2021-045 Legislative Update - Elections and Public Information Act BillsDate: July 2, 2021 Report No. 2021-045
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT: State Legislative Update – Elections & Public Information Act Bills
BACKGROUND:
The City tracked approximately 18 bills related to Elections and the Texas Public Information Act
that passed through both houses of the legislature and were signed by the Governor. Of those, 13
do not pose a direct or significant impact on City operations but will be handled by Denton County
Elections and/or the Secretary of State.
DISCUSSION:
The following are bills that will directly and/or significantly affect the City of Denton, its
employees, or officers.
HB 4555 – Eligibility for Public Office
This bill will require:
(1) a candidate’s application for a place on the ballot to include an indication that the candidate
has either not been finally convicted of a felony or, if so convicted, has been pardoned or
otherwise released from the resulting disabilities;
(2) a candidate who has been convicted of a felony to include in the candidate’s application
for a place on the ballot proof that the candidate is eligible for public office; and
(3) that a Class B misdemeanor offense be created for a person who knowingly provides false
information in an application for a place on the ballot regarding whether the person has
been finally convicted of a felony or has been pardoned or otherwise released from the
resulting disabilities.
While it remains unclear what method and detail of proof will be required to satisfy these
requirements upon the qualification of a candidate, the City Secretary’s Office will contact the
Secretary of State in the event any questions arise before going through the complete steps of
qualifying a candidate.
The bill has an effective date of September 1, 2021.
SB 1111 – Residency
This bill, among other effects, modifies the definition of “residence” for purposes of elections to
provide that:
(1) a person may not establish residence for the purpose of influencing the outcome of a certain
election;
(2) a person may not establish a residence at any place the person has not inhabited; and
(3) a person may not designate a previous residence as a home and fixed place of habitation
unless the person inhabits the place at the time of designation and intends to remain.
Date: July 2, 2021 Report No. 2021-045
The bill does not clearly designate what proof will be required to meet the modified definition of
“residence,” but the City Secretary’s Office will consult with the Secretary of State and the City
Attorney’s Office and take actions as necessary.
The bill is effective as of September 1, 2021.
SB 1116 – Posting Election Information
In relation to how and where election information is provided to the public, this bill requires that:
(1) a city that holds an election and maintains an Internet website shall post on its public
website the following as soon as practicable after the election:
(a) the results of each election;
(b) the total number of votes cast;
(c) the total number of votes cast for each candidate or for or against each measure;
(d) the total number of votes cast by personal appearance on election day;
(e) the total number of votes cast by personal appearance or mail during the early voting
period; and
(f) the total number of counted and uncounted provisional ballots cast;
(2) information required to be posted under (1), above, must be accessible without having to
make more than two selections or view more than two network locations after accessing
the city’s Internet website home page; and
(3) not later than the 21st day before election day, a city that holds an election and maintains
an Internet website shall post on the public Internet website:
(a) the date of the next election;
(b) the location of each polling place;
(c) each candidate for an elected office on the ballot; and
(d) each measure on the ballot.
Compliance with these requirements will not be an issue nor will it require significant additional
staff time. The information will be provided as detailed on the City’s web site.
The bill is effective as of September 1, 2021.
HB 872 – Confidentiality of Government-Operated Utility Customer Information
This bill provides that:
(1) information is excepted from disclosure under the Public Information Act if it is
information maintained by a government-operated utility that:
(a) discloses whether services have been discontinued, or reveals whether an account
is delinquent or eligible for disconnection by the government-operated utility; or
(b) is collected as part of an advanced metering system for usage, services, and billing,
including amounts billed or collected for utility usage, except that all such
information is to be made available to that customer or their designated
representative if the information directly relates to utility services provided to the
customer and is not confidential under law;
(2) a government-operated utility may not disclose personal and utility usage information for
government operated utility customers unless the customer requests that the government-
Date: July 2, 2021 Report No. 2021-045
operated utility disclose such information on an appropriately marked form or other written
request for disclosure (Note: former law made personal information and utility usage
information confidential only if the customer elected to keep the information confidential
on a form provided by the government-operated utility); and
(3) a government-operated utility must provide notice of the customer’s right to request
disclosure of personal and utility usage information, along with the form to elect for
disclosure, in each customer’s utility bill or on the government-operated utility’s website.
City Secretary’s Office is currently working with the City Attorney’s Office to seek an Attorney
General’s opinion on the release of information with the existing waiver in place. Additionally,
staff are generating and deploying a form to allow customers to consent to disclosure of their
personal and usage information. More information will be communicated as it becomes available.
This bill is effective immediately.
HB 1082 – Public Information
As it relates to the personal information the City holds as an employer, this bill provides that:
(1) the home address, home telephone number, emergency contact information, social security
number, and personal family information of an elected public officer, is excepted from the
Public Information Act, regardless of whether the elected officer complies with certain
requirements to elect the information be kept confidential;
(2) with regard to information contained in records maintained by the city in any capacity, an
elected public officer’s home address, home telephone number, emergency contact
information, date of birth, social security number, and family member information is
excepted from the Public Information Act if the elected officer elects to keep the
information confidential; and
(3) elected public officers are added to the list of individuals who may choose to restrict public
access to certain information in appraisal records.
The Public Information Act requests processed by the City Secretary’s Office are already
compliant with these requirements under the department’s standard operating procedures.
This bill is effective immediately.
SB 244 – Tax Increment Reinvestment Zone Board Meetings
This bill makes the board of directors of a tax reinvestment zone subject to the Open Meetings
Act. As these meetings have already been conducted under the Open Meetings Act, this will not
impact operations of the board or staff going forward.
CONCLUSION:
Staff will continue to update Council through the Friday Report of any relevant updates to those
topics impacting the City pursuant to Council’s adopted legislative agenda. A future work session
to cover updates is scheduled for the end of April.
STAFF CONTACT:
Date: July 2, 2021 Report No. 2021-045
Ryan Adams
Customer Service & Public Affairs
Ryan.Adams@cityofdenton.com
Rachel Balthrop Mendoza
City Manager’s Office
Rachel.Mendoza@cityofdenton.com
REQUESTOR:
Staff Initiated