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A BILL TO BE ENTITLED
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AN ACT
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relating to requests made under the public information law that |
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require a large amount of personnel time. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.271, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A requestor who has exceeded a limit established by a |
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governmental body under Section 552.275 may not inspect public |
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information on behalf of another requestor unless the requestor who |
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exceeded the limit has paid each statement issued by the |
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governmental body under Section 552.275(e). |
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SECTION 2. Section 552.272, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A requestor who has exceeded a limit established by a |
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governmental body under Section 552.275 may not inspect public |
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information on behalf of another requestor unless the requestor who |
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exceeded the limit has paid each statement issued by the |
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governmental body under Section 552.275(e). |
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SECTION 3. Section 552.275, Government Code, is amended by |
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amending Subsections (d), (g), and (h) and adding Subsections (n) |
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and (o) to read as follows: |
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(d) If a governmental body establishes a time limit under |
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Subsection (a), each time the governmental body complies with a |
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request for public information, the governmental body shall provide |
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the requestor with a written statement of the amount of personnel |
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time spent complying with that request and the cumulative amount of |
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time spent complying with requests for public information from that |
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requestor during the applicable monthly or yearly period. The |
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amount of time spent preparing the written statement may not be |
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included in the amount of time included in the statement provided to |
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the requestor under this subsection unless the requestor's time |
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limit for the period has been exceeded. |
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(g) If a governmental body provides a requestor with a [the] |
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written statement under Subsection (e) or (o) and the time limits |
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prescribed by Subsection (a) regarding the requestor have been |
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exceeded, the governmental body is not required to produce public |
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information for inspection or duplication or to provide copies of |
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public information in response to the requestor's request unless on |
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or before the 10th day after the date the governmental body provided |
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the written statement under that subsection, the requestor submits |
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payment of the amount stated in the written statement provided |
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under Subsection (e) or provides identification or submits payment |
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as required by Subsection (o), as applicable. |
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(h) If the requestor fails or refuses to provide |
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identification or submit payment under Subsection (g), the |
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requestor is considered to have withdrawn the requestor's pending |
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request for public information. |
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(n) A governmental body may request photo identification |
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from a requestor for the sole purpose of establishing that the |
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requestor has not: |
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(1) exceeded a limit established by the governmental |
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body under Subsection (a); and |
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(2) concealed the requestor's identity. |
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(o) A request for photo identification under Subsection (n) |
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must include a statement under Subsection (e) applicable to the |
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requestor who has exceeded a limit established by the governmental |
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body and a statement that describes each specific reason why |
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Subsection (n) may apply to the requestor. The governmental body |
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shall accept as proof of a requestor's identification physical |
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presentment of photo identification or an image of the photo |
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identification that is transmitted electronically or through the |
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mail. A requestor from whom a governmental body has requested photo |
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identification under Subsection (n) may decline to provide |
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identification and obtain the requested information by paying the |
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charge assessed in the statement. |
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SECTION 4. 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. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |