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A BILL TO BE ENTITLED
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AN ACT
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relating to the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.003, Government Code, is amended by |
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adding Subdivision (7) to read as follows: |
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(7) "Temporary custodian" means an officer or employee |
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of a governmental body who, in the transaction of official |
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business, creates or receives public information that the officer |
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or employee has not provided to the officer for public information |
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of the governmental body or the officer's agent. The term includes |
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a former officer or employee of a governmental body who created or |
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received public information in the officer's or employee's official |
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capacity that has not been provided to the officer for public |
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information of the governmental body or the officer's agent. |
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SECTION 2. Section 552.004, Government Code, is amended to |
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read as follows: |
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Sec. 552.004. PRESERVATION OF INFORMATION. (a) A |
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governmental body or, for information of an elective county office, |
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the elected county officer, may determine a time for which |
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information that is not currently in use will be preserved, subject |
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to Subsection (b) and to any applicable rule or law governing the |
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destruction and other disposition of state and local government |
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records or public information. |
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(b) A current or former officer or employee of a |
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governmental body who maintains public information on a privately |
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owned device shall: |
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(1) forward or transfer the public information to the |
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governmental body or a governmental body server to be preserved as |
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provided by Subsection (a); or |
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(2) preserve the public information in its original |
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form on the privately owned device for the time described under |
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Subsection (a). |
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(c) The provisions of Chapter 441 of this code and Title 6, |
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Local Government Code, governing the preservation, destruction, or |
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other disposition of records or public information apply to records |
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and public information held by a temporary custodian. |
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SECTION 3. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.159 to read as follows: |
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Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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HEALTHCARE INFORMATION. A record of the identity, diagnosis, |
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evaluation, or treatment of a patient by a physician or hospital |
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that is created or maintained by a physician or hospital is |
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confidential and excepted from the requirements of Section 552.021. |
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SECTION 4. Section 552.203, Government Code, is amended to |
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read as follows: |
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Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC |
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INFORMATION. Each officer for public information, subject to |
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penalties provided in this chapter, shall: |
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(1) make public information available for public |
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inspection and copying; |
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(2) carefully protect public information from |
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deterioration, alteration, mutilation, loss, or unlawful removal; |
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[and] |
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(3) repair, renovate, or rebind public information as |
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necessary to maintain it properly; and |
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(4) make reasonable efforts to obtain public |
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information from a temporary custodian if: |
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(A) the information has been requested from the |
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governmental body; |
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(B) the officer for public information is aware |
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of facts sufficient to warrant a reasonable belief that the |
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temporary custodian has possession, custody, or control of the |
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information; |
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(C) the officer for public information is unable |
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to comply with the duties imposed by this chapter without obtaining |
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the information from the temporary custodian; and |
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(D) the temporary custodian has not provided the |
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information to the officer for public information or the officer's |
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agent. |
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SECTION 5. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Sections 552.233, 552.234, and 552.235 to read as |
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follows: |
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Sec. 552.233. OWNERSHIP OF PUBLIC INFORMATION. (a) A |
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current or former officer or employee of a governmental body does |
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not have, by virtue of the officer's or employee's position or |
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former position, a personal or property right to public information |
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the officer or employee created or received while acting in an |
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official capacity. |
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(b) A temporary custodian with possession, custody, or |
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control of public information shall surrender or return the |
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information to the governmental body not later than the 10th day |
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after the date the officer for public information of the |
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governmental body or the officer's agent requests the temporary |
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custodian to surrender or return the information. |
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(c) A temporary custodian's failure to surrender or return |
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public information as required by Subsection (b) is grounds for |
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disciplinary action by the governmental body that employs the |
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temporary custodian or any other applicable penalties provided by |
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this chapter or other law. |
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(d) For purposes of the application of Subchapter G to |
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information surrendered or returned to a governmental body by a |
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temporary custodian under Subsection (b), the governmental body is |
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considered to receive the request for that information on the date |
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the information is surrendered or returned to the governmental |
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body. |
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Sec. 552.234. DESIGNATED ELECTRONIC MAIL AND MAILING |
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ADDRESSES FOR PUBLIC INFORMATION REQUESTS. A governmental body may |
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designate one electronic mail address and one mailing address for |
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receiving written requests for public information. If an inquiry |
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is made to a governmental body regarding the procedures for |
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requesting public information, the governmental body shall provide |
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the designated electronic mail and mailing addresses. A |
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governmental body that posts the designated electronic mail and |
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mailing addresses on the governmental body's Internet website is |
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not required to respond to a written request for public information |
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that is not received at one of those addresses. |
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Sec. 552.235. PUBLIC INFORMATION REQUEST FORM. (a) The |
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attorney general shall create a public information request form |
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that provides a requestor the option of excluding from a request |
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information that the governmental body determines is: |
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(1) confidential; or |
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(2) subject to an exception to disclosure that the |
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governmental body would assert if the information were subject to |
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the request. |
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(b) A governmental body that allows requestors to use the |
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form described by Subsection (a) and maintains an Internet website |
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shall post the form on its website. |
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SECTION 6. Section 552.301(c), Government Code, is amended |
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to read as follows: |
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(c) For purposes of this subchapter and subject to Section |
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552.234, a written request includes a request made in writing that |
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is sent to the officer for public information, or the person |
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designated by that officer, by electronic mail or facsimile |
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transmission. |
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SECTION 7. The attorney general shall create a public |
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information request form under Section 552.235(a), Government |
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Code, as added by this Act, not later than October 1, 2019. |
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SECTION 8. The changes in law made by this Act apply only to |
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a request for public information received on or after the effective |
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date of this Act. A request for public information received before |
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the effective date of this Act is governed by the law in effect when |
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the request was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 9. This Act takes effect September 1, 2019. |