By: Hinojosa | S.B. No. 1658 |
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relating to the collection and disclosure of certain public | ||
information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.101, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a) | ||
Subject to Subsection (b), information [ |
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from the requirements of Section 552.021 if it is information | ||
considered to be confidential by law, either constitutional, | ||
statutory, or by judicial decision. | ||
(b) This section does not encompass: | ||
(1) the attorney-client privilege; | ||
(2) the work product privilege; | ||
(3) another exception to disclosure provided by this | ||
chapter; or | ||
(4) a state or federal discovery privilege, including | ||
a discovery privilege provided by the: | ||
(A) Texas Rules of Civil Procedure; | ||
(B) Texas Rules of Evidence; | ||
(C) Texas Disciplinary Rules of Professional | ||
Conduct; | ||
(D) Federal Rules of Evidence; or | ||
(E) Federal Rules of Civil Procedure. | ||
SECTION 2. Section 552.108(c), Government Code, is amended | ||
to read as follows: | ||
(c) This section does not except basic information from the | ||
requirements of Section 552.021 [ |
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SECTION 3. Section 552.302, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY | ||
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a) | ||
Subject to Subsection (b), if [ |
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request an attorney general decision as provided by Section 552.301 | ||
and provide the requestor with the information required by Sections | ||
552.301(d) and (e-1), the information requested in writing is | ||
presumed to be subject to required public disclosure and must be | ||
released unless there is a compelling reason to withhold the | ||
information. | ||
(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, | ||
552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144, | ||
552.146, 552.153(b)(1), and 552.154 do not constitute compelling | ||
reasons for a governmental body that fails to comply with the | ||
requirements of Section 552.301 to withhold information under | ||
Subsection (a). | ||
(c) The exclusion of an exception to disclosure from the | ||
list in Subsection (b) does not create a presumption that the | ||
exception constitutes a compelling reason for a governmental body | ||
to withhold information under Subsection (a). | ||
SECTION 4. Section 118.011(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) A county clerk who provides a copy in a format other than | ||
paper of a record maintained by the clerk shall provide the copy and | ||
charge a fee in accordance with Section [ |
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552.262, Government Code. | ||
SECTION 5. Subchapter N, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.6515 to read as follows: | ||
Sec. 1701.6515. RECORDINGS; APPLICABILITY. (a) A reference | ||
in this subchapter to a "recording" by a body worn camera, however | ||
phrased, means an audio recording, a video recording, or an | ||
audiovisual recording. | ||
(b) Subsection (a) applies to a "body worn camera | ||
recording," a "recording created with a body worn camera," | ||
"information recorded by a body worn camera," "recorded | ||
information," and any synonymous word or phrase. | ||
SECTION 6. Section 552.231, Government Code, is repealed. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a request for public information received on or after the effective | ||
date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2023. |