Texas HB 1181 (Office of the Lieutenant Governor of Texas)
It is a clone of this request.
| Multi Request | Texas HB 1181 |
| Submitted | Aug. 31, 2023 |
| Due | Dec. 26, 2023 |
| Est. Completion | None |
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Communications
From: Samantha Cole
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.
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, sex trafficking, pornhub, or age verification.
4) Any law enforcement records relating to the enforcement of HB 1181, including case and arrest records.
5) Any proposals, contracts, or other documentation relating to acceptable age verification software
6) Any emails, presentations, or other communications with employees of Mindgeek (@mindgeek.com) and/or PornHub (@pornhub.com)
Please search for documents created or shared between January 1, 2022 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.
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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Office of the Lieutenant Governor of Texas
September 25, 2023
Samantha Cole
Through MuckRock
requests@muckrock.com<mailto:requests@muckrock.com>
Dear Ms. Cole:
On September 11, 2023, the Office of the Lieutenant Governor (“OOLG”) received your request under the Public Information Act (the "PIA") for:
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.
1. 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.
1. 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, sex trafficking, Pornhub, or age verification.
1. Any law enforcement records relating to the enforcement of HB 1181, including case and arrest records.
1. Any proposals, contracts, or other documentation relating to acceptable age verification software.
1. Any emails, presentations, or other communications with employees of Mindgeek (@mindgeek.com) and/or PornHub (@pornhub.com).
Please search for documents created or shared between January 1, 2022 and the time this request is processed (September 11 at 10:44 AM).
Please note that your request encompasses a voluminous amount of information. Therefore, our office requests clarification or narrowing before responding to your request.
Specifically, your request #3) includes any communications “that mention HB 1181, online porn, sex trafficking, Pornhub, or age verification.” I request clarity on this point. Do you request communications that mention “online porn, sex trafficking, Pornhub, or age verification” as they relate to HB 1181, or are you requesting any communication mentioning the listed words no matter which bill or subject area they relate to?
You may submit your clarification or narrowing via e-mail to lola.fender@ltgov.texas.gov<mailto:lola.fender@ltgov.texas.gov> or via mail to:
Office of the Lieutenant Governor
Attn.: Lola Fender
P.O. Box 12068
Austin, Texas 78711
Please note that if we do not receive your written response within 61 days from the date this e-mail was sent, section 552.222(d) of the PIA requires us to consider your request withdrawn as a matter of law.
If you have any questions or would like to submit a clarified request, then please email back or call me at 512‑463‑0295.
Sincerely,
Lola Fender
Lola L. Fender
Deputy General Counsel
Office of the Lieutenant Governor
From: Samantha Cole
Hi Lola, thank you for working on this and apologies for the delay. To clarify your question on #3, yes, that can be narrowed to communications that mention “online porn, sex trafficking, Pornhub, or age verification” as they relate to HB 1181. Thank you!
From: Office of the Lieutenant Governor of Texas
January 8, 2023
Samantha Cole
Through MuckRock
requests@muckrock.com<mailto:requests@muckrock.com>
Dear Ms. Cole:
"On September 11, 2023, the Office of the Lieutenant Governor (“OOLG”) received your request under the Public Information Act (the "PIA") for:
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, sex trafficking, Pornhub, or age verification.
4. Any law enforcement records relating to the enforcement of HB 1181, including case and arrest records.
5. Any proposals, contracts, or other documentation relating to acceptable age verification software.
6. Any emails, presentations, or other communications with employees of Mindgeek (@mindgeek.com) and/or PornHub (@pornhub.com).
Please search for documents created or shared between January 1, 2022 and the time this request is processed (September 11 at 10:44 AM).
On September 25, 2023, the OOLG requested a clarification on #3. We asked: "Do you request communications that mention “online porn, sex trafficking, Pornhub, or age verification” as they relate to HB 1181, or are you requesting any communication mentioning the listed words no matter which bill or subject area they relate to?"
On January 3, 2024, you responded to OOLG that "on #3, yes, that can be narrowed to communications that mention “online porn, sex trafficking, Pornhub, or age verification” as they relate to HB 1181. Thank you!"
Our office has compiled the information responsive to your request. Please note, however, that the information responsive to your request consists entirely of confidential communications. Thus, pursuant to Chapter 306 of the Government Code, our office may not release the responsive information to you. If you have any questions or need additional information, then please call me at 512-463-0295.
Sincerely,
Lola Fender
Lola L. Fender
Deputy General Counsel
Office of the Lieutenant Governor"
From: Samantha Cole
I am writing to appeal the decision of the Office of the Lieutenant Governor (OOLG) regarding my Public Information Act request dated September 11, 2023.
In your response dated, you have indicated that the information responsive to my request is entirely confidential and, thus, cannot be released as per Chapter 306 of the Government Code. I respectfully disagree with this assessment and request a review of this decision by the Texas Attorney General's Office.
Basis for Appeal:
1) Transparency and Public Interest: The Texas Public Information Act, under Government Code, Title 5, Subtitle A, Chapter 552, aims to ensure transparency and maintain public access to government records. The information requested is vital for public understanding of the legal basis and enforcement of HB 1181, a significant legislative action with wide-reaching implications.
2) Limitation on Confidentiality: While I acknowledge the provisions for confidentiality under Chapter 306, it is essential to weigh the public interest in disclosure against the reasons for confidentiality. I believe the public interest served by disclosing the information outweighs any harm in its release. In addition, the Texas Department of Health and Human Services claims it has nothing to do with this law, even though the warning states they have approved and written the message being shown to constituents who try to access porn: https://www.404media.co/texas-health-department-claims-it-has-nothing-to-do-with-porn-bill-age-verification/
3) Specificity of Request: My request has been specific and narrowed down, especially in response to the clarification sought by your office regarding point 3 of my request. This specificity minimizes any undue burden and the scope of confidentiality.
Request for Attorney General Review:
In accordance with §552.321(a) of the Texas Government Code, I am requesting that the OOLG seek a decision from the Attorney General about the release of the requested information. This is to ensure an independent review of the decision to withhold the information under the cited confidentiality clause.
I believe that the public's right to know and the principles of transparency upheld by the Texas Public Information Act support the release of the requested information. Please forward this appeal to the Attorney General's Office as part of your request for a decision.
Thank you for your attention to this matter. I look forward to your prompt response and am hopeful for a positive resolution that upholds the spirit of the Public Information Act.
Sincerely,
Samantha Cole
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Aug. 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
Files
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