By: Barrientos S.B. No. 1000
73R5751 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal enforcement of the Texas open
1-3 meetings and open records laws.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Chapter 271, Acts of the 60th
1-6 Legislature, Regular Session, 1967, as amended (Article 6252-17,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 3(a) The district attorney, the attorney general, or
1-9 <A>any interested person, including bona fide members of the news
1-10 media, may commence an action either by mandamus or injunction for
1-11 the purpose of stopping, preventing, or reversing violations or
1-12 threatened violations of this Act by members of a governing body.
1-13 An action taken by a governmental body in violation of this Act is
1-14 voidable. The attorney general may file the petition for a writ of
1-15 mandamus or injunctive relief in Travis County.
1-16 (b) The district attorney or the attorney general may file
1-17 suit to collect a civil penalty not to exceed $2,000 for each
1-18 violation from a governmental body a member of which has knowingly
1-19 violated this Act or from a member of a governmental body who has
1-20 knowingly violated this Act. The district attorney may bring the
1-21 suit to collect the civil penalty in district court in the county
1-22 in which the named defendant resides or the violation is alleged to
1-23 have occurred. The attorney general may bring the suit to collect
1-24 the civil penalty in district court in Travis County or in the
2-1 county in which the named defendant resides or the violation is
2-2 alleged to have occurred. Any penalty imposed under this
2-3 subsection is to be paid to the state.
2-4 (c) In any <an> action brought under this section, a court
2-5 shall <may> assess costs of litigation and reasonable attorney's
2-6 fees incurred by a plaintiff <or defendant> who substantially
2-7 prevails. <In exercising its discretion, the court shall consider
2-8 whether the conduct of the governmental body had a reasonable basis
2-9 in law and whether the litigation was brought in good faith.>
2-10 SECTION 2. Section 4, Chapter 271, Acts of the 60th
2-11 Legislature, Regular Session, 1967, as amended (Article 6252-17,
2-12 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-13 (a) and (b) and by adding Subsection (c) to read as follows:
2-14 Sec. 4(a) Any member of a governing body who knowingly calls
2-15 or aids in calling or organizing a special or called meeting or
2-16 session which is closed to the public, or who knowingly closes or
2-17 aids in closing a regular meeting or session to the public, or who
2-18 knowingly participates in a regular, special, or called meeting or
2-19 session which is closed to the public where a closed meeting is not
2-20 permitted by the provisions of this Act, shall be guilty of a
2-21 misdemeanor and on conviction is punishable by of a fine of not
2-22 less than $1,500 <$100> nor more than $3,000 <$500> or imprisonment
2-23 in the county jail for not less than one month nor more than one
2-24 year <six months>, or both.
2-25 (b) Any member or group of members of a governing body who
2-26 knowingly conspires to circumvent the provisions of this Act by
2-27 meeting in numbers less than a quorum for the purpose of secret
3-1 deliberations in contravention of this Act shall be guilty of a
3-2 misdemeanor and on conviction is punishable by a fine of not less
3-3 than $1,500 <$100> nor more than $3,000 <$500> or imprisonment in
3-4 the county jail for not less than one month nor more than one year
3-5 <six months> or both.
3-6 (c) A violation under subsection (a) or (b) of this section
3-7 constitutes official misconduct. The attorney general shall have
3-8 concurrent authority with the local prosecutor to prosecute a
3-9 person who violates either subsection.
3-10 SECTION 3. Section 4, Chapter 424, Acts of the 63rd
3-11 Legislature, Regular Session, 1973, as amended (Article 6252-17a,
3-12 Vernon's Texas Civil Statutes), is amended to read as follows:
3-13 Sec. 4. Application for public information. On application
3-14 for public information to the officer for public records in a
3-15 governmental body by any person, the officer for public records
3-16 shall promptly produce such information for inspection or
3-17 duplication, or both, in the offices of the governmental body. If
3-18 the person requests the public information on a computer tape or
3-19 disk, the governmental body must provide the requested information
3-20 in the requested form if it possesses the necessary computer
3-21 equipment and software to do so, but may charge the actual costs of
3-22 doing so as provided in Section 9. If the information is in active
3-23 use or in storage and, therefore, not available at the time a
3-24 person asks to examine it, the officer for public records shall
3-25 certify this fact in writing to the applicant and set a date and
3-26 hour within a reasonable time when the record will be available for
3-27 the exercise of the right given by this Act. Nothing in this Act
4-1 shall authorize any person to remove original copies of public
4-2 records from the offices of any governmental body.
4-3 SECTION 4. Section 7, Chapter 424, Acts of the 63rd
4-4 Legislature, Regular Session, 1973, as amended (Article 6252-17a,
4-5 Vernon's Texas Civil Statutes), is amended by adding Subsection
4-6 7(d) to read as follows:
4-7 (d) If the attorney general is a party to a judicial action
4-8 brought by a person other than a governmental body to prohibit the
4-9 disclosure of information required by a decision of the attorney
4-10 general, the attorney general may request transfer of the action to
4-11 Travis County.
4-12 SECTION 5. Section 8, Chapter 424, Acts of the 63rd
4-13 Legislature, Regular Session, 1973, as amended (Article 6252-17a,
4-14 Vernon's Texas Civil Statutes), is amended to read as follows:
4-15 Sec. 8(a) CIVIL ENFORCEMENT OF ACT <WRIT OF MANDAMUS>. If a
4-16 governmental body refuses to request an attorney general's decision
4-17 as provided in this Act;<,> or to supply as provided in this Act
4-18 public information or information which the attorney general has
4-19 determined to be a public record, the person requesting the
4-20 information, the district attorney, or the attorney general may
4-21 seek a writ of mandamus compelling the governmental body to make
4-22 the information available for public inspection. The attorney
4-23 general may file the petition for a writ of mandamus in Travis
4-24 County.
4-25 (b) The district attorney or the attorney general may file
4-26 suit to collect a civil penalty not to exceed $2,000 for each
4-27 violation from a governmental body, an officer or employee of which
5-1 has willfully refused, or from an officer or employee of the
5-2 governmental body who has willfully refused to request an attorney
5-3 general's decision as provided in this Act; or to supply as
5-4 provided in this Act public information or information which the
5-5 attorney general has determined to be a public record. The
5-6 district attorney may bring the suit to collect the civil penalty
5-7 in district court in the county in which the named defendant
5-8 resides or the violation is alleged to have occurred. The attorney
5-9 general may bring the suit to collect the civil penalty in district
5-10 court in either Travis County or the county in which the named
5-11 defendant resides or the violation is alleged to have occurred.
5-12 All civil penalties imposed are to be paid to the state.
5-13 (c) The person requesting the information has a private
5-14 cause of action for civil damages against a governmental body, an
5-15 officer or employee of which has willfully refused, or against an
5-16 officer or employee of a governmental body who willfully refuses to
5-17 request an attorney general's decision as provided in this Act; or
5-18 to supply as provided in this Act public information or information
5-19 which the attorney general has determined to be a public record.
5-20 That person may file suit in district court in Travis County or in
5-21 district court in the county in which the named defendant resides
5-22 or the willful violation is alleged to have occurred. A willful
5-23 violation as described in this subsection is a compensable injury,
5-24 and the court may award civil damages in an amount not to exceed
5-25 $2,000 for each violation.
5-26 (d) In an action brought under this section <or Subdivision
5-27 (3) of Subsection (c) of Section 10>, the court shall <may> assess
6-1 costs of litigation and reasonable attorney's fees incurred by the
6-2 plaintiff <or defendant> who substantially prevails. In an action
6-3 brought under Subdivision (3) of Subsection (c) of Section 10, the
6-4 court shall assess costs of litigation and reasonable attorney's
6-5 fees incurred by the defendant who substantially prevails. <In
6-6 exercising its discretion, the court shall consider whether the
6-7 conduct of the governmental body had a reasonable basis in law and
6-8 whether the litigation was brought in good faith.>
6-9 SECTION 6. Section 9, Chapter 424, Acts of the 63rd
6-10 Legislature, Regular Session, 1973, as amended (Article 6252-17a,
6-11 Vernon's Texas Civil Statutes), is amended by amending Subsection
6-12 (h) to read as follows:
6-13 (h) If a governmental body refuses or fails to provide
6-14 copies of or access to public records at the actual cost of
6-15 reproducing or providing access to the records as provided in
6-16 Subsections (a) and (b) of this section, <a> the person requesting
6-17 the information <who overpays>, the district attorney, or the
6-18 attorney general may seek a writ of mandamus to compel the
6-19 governmental body to provide copies of or access to the public
6-20 records at the actual cost. The attorney general may file the
6-21 petition for a writ of mandamus in Travis County. In an action
6-22 brought under this subsection by a person who overpays, that person
6-23 shall be entitled to recover three times the amount of the
6-24 overcharge; provided, however, that the governmental body did not
6-25 act in good faith in computing the costs. In an action brought
6-26 under this subsection, a court shall assess costs of litigation and
6-27 reasonable attorney's fees incurred by a plaintiff who
7-1 substantially prevails.
7-2 SECTION 7. Section 10, Chapter 424, Acts of the 63rd
7-3 Legislature, Regular Session, 1973, as amended (Article 6252-17a,
7-4 Vernon's Texas Civil Statutes), is amended by amending Subsection
7-5 (f) and adding Subsections (g) and (h) to read as follows:
7-6 (f) Any person who violates Section 10(a) <or 10(b)> of this
7-7 Act shall be deemed guilty of a misdemeanor and upon conviction
7-8 shall be punished by confinement in the county jail not to exceed
7-9 six (6) months or fined in an amount not to exceed $1,000, or both
7-10 such fine and confinement. A violation under this section
7-11 constitutes official misconduct.
7-12 (g) Any person who violates Section 10(b) of this Act shall
7-13 be deemed guilty of a misdemeanor and upon conviction shall be
7-14 punished by confinement in the county jail not to exceed one year
7-15 or fined in an amount not to exceed $3,000, or both such fine and
7-16 confinement. A violation under this section constitutes official
7-17 misconduct.
7-18 (h) The attorney general shall have concurrent authority
7-19 with the local prosecutor to prosecute a person who violates
7-20 Section 10(a) or 10(b) or Section 12 of this Act.
7-21 SECTION 8. Section 12, Chapter 424, Acts of the 63rd
7-22 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
7-23 Texas Civil Statutes), is amended to read as follows:
7-24 Sec. 12. Penalties. Any person who willfully destroys,
7-25 mutilates, removes without permission as provided herein, or alters
7-26 public records shall be guilty of a misdemeanor and upon conviction
7-27 shall be fined not less than $500 <$25> nor more than $4,000, or
8-1 confined in the county jail not less than three days nor more than
8-2 one year <three months>, or both such fine and confinement. A
8-3 violation under this section constitutes official misconduct.
8-4 SECTION 9. (a) This Act applies only to an offense
8-5 committed or conduct that occurs on or after the effective date of
8-6 this Act. For the purposes of this section, the offense is
8-7 committed or the conduct occurs on or after the effective date of
8-8 this Act if every element of the offense or the conduct occurs on
8-9 or after the effective date.
8-10 (b) An offense or conduct that occurs before the effective
8-11 date of this Act is governed by the law in effect at the time the
8-12 offense or conduct occurred, and that law is continued in effect
8-13 for that purpose.
8-14 SECTION 10. If any provision of this Act or its application
8-15 to any person or circumstance is held invalid, the invalidity does
8-16 not affect other provisions or applications of this Act that can be
8-17 given effect without the invalid provision or application, and to
8-18 this end the provisions of this Act are declared severable.
8-19 SECTION 11. The importance of this legislation and the
8-20 crowded condition of the calendars in both houses create an
8-21 emergency and an imperative public necessity that the
8-22 constitutional rule requiring bills to be read on three several
8-23 days in each house be suspended, and this rule is hereby suspended,
8-24 and that this Act take effect and be in force from and after its
8-25 passage, and it is so enacted.