As of January 1, 2020, the “Boeing Loophole” has been closed

Posted On January 7, 2020 | By J. Machir Stull

As of January 1, 2020, the “Boeing Loophole” has been closed

In 2019, the Texas legislature passed a number of bills which are likely to impact disclosure requirements under the Texas Public Information Act, although one of the most significant appears to be Senate Bill 943. The purpose of Senate Bill 943 is to expand disclosure requirements, primarily by closing what has been called the “Boeing Loophole.” Under Boeing v. Paxton, 466 S.W.3d 831 (Tex. 2015), private parties were entitled to invoke competitive concerns in order to prevent the government from disclosing certain bidding information. But as of January 1, 2020, the “Boeing Loophole” has been closed. Companies that bid on government contracts would be wise to consider how the new law may impact their operations in 2020 and beyond.