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Meeting Date:
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7/30/2024 - 6:00 PM
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Category:
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Communication & Marketing
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Type:
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Action
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Subject:
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Texas Public Information Act: Designating Non-Business Days for 2025 Calendar Year
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District Goals:
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Enclosure
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File Attachment:
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Summary:
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HB 3033, amended the Texas Public Information Act (PIA) by introducing section 552.0031 to clarify the term "business day" and significantly impacts how governmental entities calculate response deadlines for public information requests.
Changes to Response Deadlines:
Under the PIA, a governmental body is required to promptly respond to public information requests within ten-business days. If it cannot meet this ten-business-day deadline, it must inform the requestor in writing. Additionally, if the entity believes certain information is confidential, it must request a ruling from the Texas Attorney General within ten business days.
Defining Business Days:
Prior to HB 3033, the term "business days" was not explicitly defined, but the Texas Attorney General consistently ruled that any day when a governmental body was closed or operated with limited staff was not considered a business day. Section 552.0031, effective from September 1, 2023, now offers a statutory definition for business days under the PIA, overturning the previous interpretation. Consequently, governmental entities can no longer count closures as non-business days.
According to section 552.0031, a business day is any day except Saturday, Sunday, or a state or national holiday listed in section 662.003 of the Texas Government Code. The listed holidays are:
1) January 1 (New Year’s Day), 2) January 19 (Confederate Heroes Day), 3) the third Monday in January (Martin Luther King, Jr. Day), 4) the third Monday in February (Presidents’ Day), 5) March 2 (Texas Independence Day), 6) April 21 (San Jacinto Day), 7) the last Monday in May (Memorial Day), 8) June 19 (Emancipation Day), 9) July 4 (Independence Day), 10) August 27 (Lyndon Baines Johnson Day), 11) the first Monday in September (Labor Day), 12) November 11 (Veterans Day), 13) the fourth Thursday in November (Thanksgiving Day), 14) the Friday after Thanksgiving Day, 15) December 24 (Christmas Eve), 16) December 25 (Christmas Day), and 17) December 26. Furthermore, the PIA recognizes optional holidays for Rosh Hashanah, Yom Kippur, and Good Friday, provided the Public Information Officer observes them. The Friday or Monday after a Saturday or Sunday holiday is not considered a business day if the entity observes the holiday on that Friday or Monday.
Designating Non-Business Days:
Governmental entities have the option to designate up to ten additional non-business days each year. For school districts, only the board of trustees can designate non-business days, while other entities can have their executive director or chief administrative officer do so. It is crucial to make this designation before the holiday and not on an ad hoc basis. Legal counsel strongly recommends documenting the designation through a resolution or memorandum and publicly posting the designated non-business days.
Calculating Deadlines and Potential Challenges:
When calculating response deadlines under the PIA, section 552.0031 mandates counting all non-holiday and non-designated weekdays as business days, regardless of closures. Careful consideration is essential when designating non-business days, ensuring that extended closures do not interfere with timely responses to information requests.
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Budgetary Impact:
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Recommendation:
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Recommend approval of the designated 2025 non-business days for responding to Texas Public Information Act requests as presented.
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Approvals:
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Recommended By:
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Signed By:
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Anthony Kirchner - Chief Communications Officer
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Signed By:
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Michael McFarland - Superintendent
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Vote Results:
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| Original Motion | | Member Kelicia Stevenson Moved, Member June Davis seconded to approve the Original motion 'Recommend approval of the designated 2025 non-business days for responding to Texas Public Information Act requests as presented.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 6 Nay: 0. | | The motion Carried 6 - 0 | | | | | June Davis | Yes | | Mia Hall | Yes | | LaTonya Mayfield | Yes | | Nedra Robinson | Yes | | Kelicia Stevenson | Yes | | Daryl Davis | Yes | |
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