CONTRACTS INVOLVING EXCHANGE OR CREATION OF PUBLIC INFORMATION

(a) A contract between a state governmental entity and a nongovernmental vendor involving the exchange or creation of public information as defined by Section 552.002 that the state governmental entity collects, assembles, or maintains or has a right of access to must: (1) be drafted in consideration of the requirements of Chapter 552; and (2) contain a provision that requires the vendor to make the information not otherwise excepted from disclosure under Chapter 552 available in a specific format that is: (A) agreed upon in the contract; and (B) accessible by the public. (b) This section may not be waived by contract or otherwise. (c) A request for public information regarding a contract described by this section must be submitted to the officer or employee responsible for responding to open records requests for the state governmental entity that executed the contract. (d) In this section, "state governmental entity" means a state agency, board, commission, office, department, or other agency in the executive or legislative branch of state government.