By Combs H.B. No. 376
74R193 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures for obtaining information and to the
1-3 information that may be obtained under the open records law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 552.022, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 552.022. Categories of Public Information; Examples.
1-8 Without limiting the amount or kind of information that is public
1-9 information under <meaning of other sections of> this chapter, the
1-10 following categories of information are public information:
1-11 (1) a completed report, audit, evaluation, or
1-12 investigation made of, for, or by a governmental body;
1-13 (2) the name, sex, ethnicity, salary, title, and dates
1-14 of employment of each employee and officer of a governmental body;
1-15 (3) information in an account, voucher, or contract
1-16 relating to the receipt or expenditure of public or other funds by
1-17 a governmental body, if the information is not otherwise made
1-18 confidential by law;
1-19 (4) the name of each official and the final record of
1-20 voting on all proceedings in a governmental body;
1-21 (5) all working papers, research material, and
1-22 information used to estimate the need for or expenditure of public
1-23 funds or taxes by a governmental body, on completion of the
1-24 estimate;
2-1 (6) the name, place of business, and the name of the
2-2 municipality to which local sales and use taxes are credited, if
2-3 any, for the named person, of a person reporting or paying sales
2-4 and use taxes under Chapter 151, Tax Code;
2-5 (7) a description of an agency's central and field
2-6 organization, including:
2-7 (A) the established places at which the public
2-8 may obtain information, submit information or requests, or obtain
2-9 decisions;
2-10 (B) the employees from whom the public may
2-11 obtain information, submit information or requests, or obtain
2-12 decisions;
2-13 (C) in the case of a uniformed service, the
2-14 members from whom the public may obtain information, submit
2-15 information or requests, or obtain decisions; and
2-16 (D) the methods by which the public may obtain
2-17 information, submit information or requests, or obtain decisions;
2-18 (8) a statement of the general course and method by
2-19 which an agency's functions are channeled and determined, including
2-20 the nature and requirements of all formal and informal policies and
2-21 procedures;
2-22 (9) a rule of procedure, a description of forms
2-23 available or the places at which forms may be obtained, and
2-24 instructions relating to the scope and content of all papers,
2-25 reports, or examinations;
2-26 (10) a substantive rule of general applicability
2-27 adopted or issued by an agency as authorized by law, and a
3-1 statement of general policy or interpretation of general
3-2 applicability formulated and adopted by an agency;
3-3 (11) each amendment, revision, or repeal of
3-4 information described by Subdivisions (7)-(10);
3-5 (12) final opinions, including concurring and
3-6 dissenting opinions, and orders issued in the adjudication of
3-7 cases;
3-8 (13) a policy statement or interpretation that has
3-9 been adopted or issued by an agency;
3-10 (14) administrative staff manuals and instructions to
3-11 staff that affect a member of the public; and
3-12 (15) information regarded as open to the public under
3-13 an agency's policies.
3-14 SECTION 2. Section 552.221, Government Code, is amended by
3-15 amending Subsection (a) and adding Subsection (c) to read as
3-16 follows:
3-17 (a) An officer for public records of a governmental body
3-18 shall <promptly> produce public information for inspection,
3-19 duplication, or both, in the offices of the governmental body on
3-20 application by any person to the officer.
3-21 (c) If an officer for public records cannot produce public
3-22 information for inspection or duplication within 10 calendar days
3-23 after the date the information is requested under Subsection (a),
3-24 the officer shall certify that fact in writing to the applicant and
3-25 set a date and hour within a reasonable time when the record will
3-26 be available for inspection or duplication.
3-27 SECTION 3. Section 552.302, Government Code, is amended to
4-1 read as follows:
4-2 Sec. 552.302. Failure to Make Timely Request for Attorney
4-3 General Decision; Presumption That Information is Public. If a
4-4 governmental body does not request an attorney general decision as
4-5 provided by Section 552.301(a), the information requested in
4-6 writing is presumed to be public information and shall be provided,
4-7 in accordance with Section 552.221, to the person applying for
4-8 inspection or duplication of the records.
4-9 SECTION 4. Section 552.303, Government Code, is amended to
4-10 read as follows:
4-11 Sec. 552.303. Delivery of Requested Information to Attorney
4-12 General; Disclosure of Requested Information. A governmental body
4-13 that requests an attorney general decision under this subchapter
4-14 shall supply to the attorney general the specific information
4-15 requested and shall not disclose the information to the public or
4-16 to the party requesting the information until the attorney general
4-17 makes a final determination that the information is public or, if
4-18 suit is filed under this chapter, until a final determination that
4-19 the information is public <decision> has been made by the court
4-20 with jurisdiction over the suit, except as otherwise provided by
4-21 Section 552.322.
4-22 SECTION 5. Section 552.306, Government Code, is amended to
4-23 read as follows:
4-24 Sec. 552.306. Rendition of Attorney General Decision;
4-25 Issuance of Written Opinion. (a) The attorney general shall
4-26 promptly render a decision requested under this subchapter,
4-27 consistent with the standards of due process, determining whether
5-1 the requested information is a public record or is within one of
5-2 the exceptions of Subchapter C. The attorney general shall render
5-3 the decision not later than the 20th working day after the date the
5-4 attorney general received the request for a decision. If the
5-5 attorney general is unable to issue the decision within the 20-day
5-6 period, the attorney general may extend the period for issuing the
5-7 decision by an additional 20 working days by informing the
5-8 governmental body and the person requesting the information, during
5-9 the original 20-day period, of the reason for the delay.
5-10 (b) The attorney general shall issue a written opinion of
5-11 the determination and shall provide a copy of the opinion to the
5-12 person requesting the information.
5-13 SECTION 6. Section 552.321, Government Code, is amended to
5-14 read as follows:
5-15 Sec. 552.321. Suit for Writ of Mandamus. (a) A person
5-16 requesting information or the attorney general may file suit in
5-17 accordance with Subsection (b) for a writ of mandamus compelling a
5-18 governmental body to make information available for public
5-19 inspection or duplication or for inspection or duplication under a
5-20 special right of access <if the governmental body refuses to
5-21 request an attorney general's decision as provided by Subchapter G
5-22 or refuses to supply public information or information that the
5-23 attorney general has determined is a public record>. A person
5-24 requesting information may also file suit in accordance with
5-25 Subsection (c) for a writ of mandamus compelling a governmental
5-26 body to make information available for public inspection or
5-27 duplication or for inspection or duplication under a special right
6-1 of access.
6-2 (b) A person requesting information or the attorney general
6-3 may file suit under Subsection (a) if the governmental body has not
6-4 produced the information for inspection or duplication and:
6-5 (1) more than 10 calendar days, plus if applicable any
6-6 additional reasonable amount of time allowed under Section 552.221,
6-7 have passed since the person made a written request for information
6-8 and the governmental body has not requested an attorney general
6-9 decision as provided by Section 552.301(a); or
6-10 (2) more than 10 calendar days have passed since the
6-11 attorney general issued a decision determining that the information
6-12 requested is:
6-13 (A) public information that is not excepted from
6-14 disclosure under Subchapter C; or
6-15 (B) information available to the person under a
6-16 special right of access in accordance with Section 552.023.
6-17 (c) A person requesting information may file suit under
6-18 Subsection (a) if the governmental body has not produced the
6-19 information for inspection or duplication and:
6-20 (1) more than 40 working days have passed since the
6-21 attorney general received the governmental body's request for a
6-22 decision under Section 552.301(a) and the attorney general has not
6-23 issued the decision; or
6-24 (2) the attorney general has issued a decision that
6-25 determines part or all of the information requested is:
6-26 (A) excepted from disclosure as public
6-27 information under Subchapter C; or
7-1 (B) not available to the person under a special
7-2 right of access in accordance with Section 552.023.
7-3 SECTION 7. Subchapter H, Chapter 552, Government Code, is
7-4 amended by adding Sections 552.324 and 552.325 to read as follows:
7-5 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. Except as
7-6 described by Section 552.353, a governmental body or officer for
7-7 public records may not file suit challenging a decision by the
7-8 attorney general issued under Subchapter G.
7-9 Sec. 552.325. Requestor As Party In Suit Seeking To Withhold
7-10 Information. (a) A person requesting information for inspection
7-11 or duplication under this chapter may not be named as a party in a
7-12 suit filed for the purpose of withholding information from the
7-13 person unless the person chooses to intervene in the suit.
7-14 (b) A governmental body or other person or entity that files
7-15 a suit for the purpose of withholding information requested under
7-16 this chapter shall demonstrate to the court that the governmental
7-17 body or other person or entity made a timely good faith effort to
7-18 inform the requestor in writing of the existence of the suit so
7-19 that the requestor could exercise the right to intervene.
7-20 SECTION 8. The changes in law made by this Act apply only to
7-21 a request for information under Chapter 552, Government Code, that
7-22 is made:
7-23 (1) on or after the effective date of this Act;
7-24 (2) before the effective date of this Act and that is
7-25 still pending before the governmental body on or after the
7-26 effective date of this Act; or
7-27 (3) before the effective date of this Act and that is
8-1 still pending before the attorney general for decision on or after
8-2 the effective date of this Act, except that the first 20-day period
8-3 allowed under Section 552.306, Government Code, as amended by this
8-4 Act, begins to run on the effective date of this Act for the
8-5 request.
8-6 SECTION 9. This Act takes effect September 1, 1995.
8-7 SECTION 10. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.