Close Loopholes In the State Public Information Act

After the Sharpstown fraud and bribery scandal rocked the Texas Capitol in the early 1970s, Texans opted to “throw the rascals out” and elect a reform-minded Legislature to clean up the mess.

A cornerstone of the 63rd Legislature’s reform agenda was the Public Information Act of 1973, which empowered the people to see what their government officials were doing and hold them accountable. Lawmakers clearly stated that the public’s right to know, in most cases, should prevail over other interests because information is key to accountability.

But the Texas Supreme Court ignored this fundamental principle of the law and overlooked decades of prior interpretations when deciding two recent cases regarding public information: Boeing v. Paxton and Greater Houston Partnership v. Paxton. In both cases, the Court chose to protect the interests of private entities that benefit from public funds over the rights of the people.

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