Tex. Gov't Code § 552.1101 · Subchapter C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
EXCEPTION: CONFIDENTIALITY OF PROPRIETARY INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Section 552.0222, information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from the requirements of Section 552.021 if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that disclosure of the information would:
(1) reveal an individual approach to:
(A) work;
(B) organizational structure;
(C) staffing;
(D) internal operations;
(E) processes; or
(F) discounts, pricing methodology, pricing per kilowatt hour, cost data, or other pricing information that will be used in future solicitation or bid documents; and
(2) give advantage to a competitor.
(b) The exception to disclosure provided by Subsection (a) does not apply to:
(1) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; or
(2) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.
(c) The exception to disclosure provided by Subsection (a) may be asserted only by a vendor, contractor, potential vendor, or potential contractor in the manner described by Section 552.305(b) for the purpose of protecting the interests of the vendor, contractor, potential vendor, or potential contractor. A governmental body shall decline to release information as provided by Section 552.305(a) to the extent necessary to allow a vendor, contractor, potential vendor, or potential contractor to assert the exception to disclosure provided by Subsection (a).
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 5, eff. January 1, 2020.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm
- Text hash
- sha256 6cc3cd289bf1837aa3047b837a9912e42ffd9b3b0e1e02ab49f70352f185ceee
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 552.021AVAILABILITY OF PUBLIC INFORMATION.Printed as Section 552.021
- Tex. Gov't Code § 552.0222DISCLOSURE OF CONTRACTING INFORMATION.Printed as Section 552.0222
- Tex. Gov't Code § 552.305INFORMATION INVOLVING PRIVACY OR PROPERTY INTERESTS OF THIRD PARTY.Printed as Section 552.305(a) | Section 552.305(b)
Cited by 3 provisions
Provisions in this library whose text cites Tex. Gov't Code § 552.1101. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 552.0222DISCLOSURE OF CONTRACTING INFORMATION.Printed as Sections 552.110 and 552.1101
- Tex. Gov't Code § 552.305INFORMATION INVOLVING PRIVACY OR PROPERTY INTERESTS OF THIRD PARTY.Printed as Section 552.101, 552.110, 552.1101, 552.113, 552.131, or 552.143 | Section 552.101, 552.110, 552.1101, 552.114, 552.131, or 552.143
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.