HB 1181: Texas Health and Human Services (Health and Human Services Commission)

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Public reports state that Texas passed HB 1181, which would require sites to that sites display a warning from Texas Health and Human Services. Therefore, I request the following:

1) All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the legal basis and enforcement of HB 1181. This includes A) any notes taken during meetings that discussed the legislation, B) any explanations (whether internally or externally generated) of how the legislation works or will be enforced, and C) any other document that has been used to help explain the legislation, including internal documentation, public relations materials, and executive summaries.

2) A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions or analysis, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, regarding the legislation.

3) Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention HB 1181, online porn, pornhub, or age verification.

4) Any proposals, contracts, or other documentation relating to the agency's involvement in HB 1181

Please search for documents created or shared between January 1, 2023 and the time this request is processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It will be used in the course of reporting for journalistic purposes.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Samantha Cole

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Samantha Cole

Hi, I am writing to appeal the response to my FOIA request about HB 1181 and its implementation. I received a response stating, “HHSC has no responsive documents.” I believe this response may be incomplete or incorrect for the following reasons:

Even though HHSC was not involved in HB 1181, the warning messages bear HHSC's name. It defies belief that no one at HHSC has sent or received any messages, emails, complaints, etc. about the messages. In fact, the website XBIZ notes that it emailed HHSC on Aug 22, 2023, before my request was filed. That communication in and of itself should be a responsive document (this should not be considered exhaustive but is provided as an example of a document that should exist but that you claim does not). https://www.xbiz.com/news/276266/texas-dept-of-health-and-human-services-refuses-to-answer-questions-about-anti-porn-laws-mandatory-warnings

I respectfully request a thorough re-examination of my original FOIA request. Please provide a detailed explanation of the scope of the search conducted and the reasons why no records were found. If it is determined that responsive documents do exist, I request that they be provided to me in their entirety, subject to permissible exemptions under the Texas Public Information Act.

Please process this appeal in accordance with the Texas Public Information Act. I look forward to your response within the statutory time frame.
Thank you for your attention to this matter.

Sincerely,
Samantha Cole