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A BILL TO BE ENTITLED
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AN ACT
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relating to a governmental body's response to a request for public |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.221, Government Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) If the governmental body determines it has no |
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information responsive to a request for information, the officer |
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for public information shall notify the requestor in writing not |
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later than the 10th business day after the date the request is |
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received. |
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(g) If a governmental body determines the requested |
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information is subject to a previous determination that permits or |
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requires the governmental body to withhold the requested |
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information, the officer for public information shall, not later |
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than the 10th business day after the date the request is received: |
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(1) notify the requestor in writing that the |
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information is being withheld; and |
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(2) identify in the notice the specific previous |
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determination the governmental body is relying on to withhold the |
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requested information. |
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SECTION 2. Section 552.301(b), Government Code, is amended |
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to read as follows: |
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(b) The governmental body must ask for the attorney |
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general's decision and state the specific exceptions that apply |
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within a reasonable time but not later than the 10th business day |
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after the date of receiving the written request. |
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SECTION 3. The heading to Subchapter H, Chapter 552, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT |
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SECTION 4. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.328 to read as follows: |
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Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a |
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governmental body fails to respond to a requestor as required by |
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Section 552.221, the requestor may send a written complaint to the |
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attorney general. |
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(b) The complaint must include: |
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(1) the original request for information; and |
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(2) any correspondence received from the governmental |
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body in response to the request. |
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(c) If the attorney general determines the governmental |
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body improperly failed to comply with Section 552.221 in connection |
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with a request for which a complaint is made under this section: |
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(1) the attorney general shall notify the governmental |
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body in writing and require the governmental body to complete open |
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records training not later than six months after receiving the |
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notification; |
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(2) the governmental body may not assess costs to the |
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requestor for producing information in response to the request; and |
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(3) if the governmental body seeks to withhold |
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information in response to the request, the governmental body must: |
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(A) request an attorney general decision under |
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Section 552.301 not later than the fifth business day after the date |
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the governmental body receives the notification under Subdivision |
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(1); and |
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(B) release the requested information unless |
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there is a compelling reason to withhold the information. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for information that is received by a governmental body or |
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an officer for public information on or after the effective date of |
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this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |