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.