| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a governmental body's response to a request for public |
|
|
information. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.221, Government Code, is amended by |
|
|
adding Subsections (f) and (g) to read as follows: |
|
|
(f) If the governmental body determines it has no |
|
|
information responsive to a request for information, the officer |
|
|
for public information shall notify the requestor in writing not |
|
|
later than the 10th business day after the date the request is |
|
|
received. |
|
|
(g) If a governmental body determines the requested |
|
|
information is subject to a previous determination that permits or |
|
|
requires the governmental body to withhold the requested |
|
|
information, the officer for public information shall, not later |
|
|
than the 10th business day after the date the request is received: |
|
|
(1) notify the requestor in writing that the |
|
|
information is being withheld; and |
|
|
(2) identify in the notice the specific previous |
|
|
determination the governmental body is relying on to withhold the |
|
|
requested information. |
|
|
SECTION 2. Section 552.301(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The governmental body must ask for the attorney |
|
|
general's decision and state the specific exceptions that apply |
|
|
within a reasonable time but not later than the 10th business day |
|
|
after the date of receiving the written request. |
|
|
SECTION 3. The heading to Subchapter H, Chapter 552, |
|
|
Government Code, is amended to read as follows: |
|
|
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT |
|
|
SECTION 4. Subchapter H, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.328 to read as follows: |
|
|
Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a |
|
|
governmental body fails to respond to a requestor as required by |
|
|
Section 552.221, the requestor may send a written complaint to the |
|
|
attorney general. |
|
|
(b) The complaint must include: |
|
|
(1) the original request for information; and |
|
|
(2) any correspondence received from the governmental |
|
|
body in response to the request. |
|
|
(c) If the attorney general determines the governmental |
|
|
body improperly failed to comply with Section 552.221 in connection |
|
|
with a request for which a complaint is made under this section: |
|
|
(1) the attorney general shall notify the governmental |
|
|
body in writing and require the governmental body to complete open |
|
|
records training not later than six months after receiving the |
|
|
notification; |
|
|
(2) the governmental body may not assess costs to the |
|
|
requestor for producing information in response to the request; and |
|
|
(3) if the governmental body seeks to withhold |
|
|
information in response to the request, the governmental body must: |
|
|
(A) request an attorney general decision under |
|
|
Section 552.301 not later than the fifth business day after the date |
|
|
the governmental body receives the notification under Subdivision |
|
|
(1); and |
|
|
(B) release the requested information unless |
|
|
there is a compelling reason to withhold the information. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a request for information that is received by a governmental body or |
|
|
an officer for public information on or after the effective date of |
|
|
this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |