BILL ANALYSIS

State Affairs Committee

April 9, 1995
Committee Report (Unamended)
5-19-95
BACKGROUND

A governmental entity dissatisfied with the attorney general's
decision in an open records case may appeal the decision in a
Travis County court.  However, some entities have sued the
individual making the open records request in jurisdictions other
than Travis County.  The possibility of being sued as a result of
making an open records request may limit the number of future
requests.

PURPOSE

S.B. 636 sets forth the conditions for a suit to withhold
information requested by a party that is subject to the open
records law.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 552H, Government Code, by adding Sections
552.324 and 552.325, as follows:

     Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  Authorizes a
     governmental body or officer for public records to file a suit
     seeking to withhold information from a person who has
     requested the information for inspection or duplication only
     if the suit is filed in accordance with Sections 552.325 and
     552.353 and that challenges a decision by the attorney
     general.
     
     Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD
     INFORMATION.  (a) Prohibits a person or entity that files a
     suit seeking to withhold information from filing a suit
     against the person requesting the information.  Entitles the
     person requesting the information to intervene.
     
     (b) Requires the person or entity that files the suit to
       demonstrate to the court that the person or entity made a
       good faith effort to inform the person requesting the
       information of certain data.
       
       (c) Requires the attorney general to notify the person
       requesting the information, if the attorney general enters
       into a proposed settlement, that the information that is the
       subject of the suit should be withheld and of the person's
       right to intervene to contest the withholding.  Sets forth
       the required procedure for the attorney general to notify
       the person.
       
       (d) Requires the court to allow the person a period to
       intervene after the attorney general attempts to give
       notice.
SECTION 2.  Changes made to this act apply only to a suit filed
under Chapter 552, Government Code.  Makes application of this Act
prospective.

SECTION 3.  Emergency clause.  Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION

SB 636 was considered by the Committee on State Affairs in a public
hearing on April 11, 1995.  The Chair laid out SB 636 and
recognized Rep. Hamric to explain the bill.  The following person
testified for the bill: Robert E. Lett representing himself.  The
Chair recognized Rep. Hamric to close.  SB 636 was left pending. 
SB 636 was considered by the Committee on State Affairs in a formal
meeting on May 18, 1995.  The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed,
and be sent to the Committee on Local and Consent Calendars, by a
record vote of: 14 ayes; 0 nays; 0 pnv; and 1 absent.