By Turner of Harris H.B. No. 1718
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the revision of the open records law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The chapter heading to Chapter 552, Government
1-5 Code, is amended to read as follows:
1-6 CHAPTER 552. PUBLIC INFORMATION <OPEN RECORDS>
1-7 SECTION 2. Sections 552.002, 552.003, 552.004, 552.006,
1-8 552.007, and 552.021, Government Code, are amended to read as
1-9 follows:
1-10 Sec. 552.002. Definition of Public Information; Media
1-11 Containing Public Information <Record>. (a) In this chapter,
1-12 "public information" means information that is collected,
1-13 assembled, or maintained under a law or ordinance or in connection
1-14 with the transaction of official business:
1-15 (1) by a governmental body; or
1-16 (2) for a governmental body and the governmental body
1-17 owns the information or has a right of access to it.
1-18 (b) The media on which public information is recorded
1-19 include:
1-20 (1) paper;
1-21 (2) film;
1-22 (3) a magnetic, optical, or solid state device that
1-23 can store an electronic signal;
1-24 (4) tape;
2-1 (5) Mylar;
2-2 (6) linen;
2-3 (7) silk; and
2-4 (8) vellum.
2-5 (c) The general forms in which the media containing public
2-6 information exist include a book, paper, letter, document,
2-7 printout, photograph, film, tape, microfiche, microfilm, photostat,
2-8 sound recording, map, and drawing and a voice, data, or video
2-9 representation held in computer memory. <"Public record" means the
2-10 portion of a document, writing, letter, memorandum or other
2-11 written, printed, typed, copied, or developed material that
2-12 contains public information.>
2-13 Sec. 552.003. DEFINITIONS <DEFINITION OF GOVERNMENTAL BODY>.
2-14 <(a)> In this chapter:
2-15 (1) "Governmental<, "governmental> body":
2-16 (A) means:
2-17 (i) <(1)> a board, commission, department,
2-18 committee, institution, agency, or office that is within or is
2-19 created by the executive or legislative branch of state government
2-20 and that is directed by one or more elected or appointed members;
2-21 (ii) <(2)> a county commissioners court in
2-22 the state;
2-23 (iii) <(3)> a municipal governing body in
2-24 the state;
2-25 (iv) <(4)> a deliberative body that has
2-26 rulemaking or quasi-judicial power and that is classified as a
2-27 department, agency, or political subdivision of a county or
3-1 municipality;
3-2 (v) <(5)> a school district board of
3-3 trustees;
3-4 (vi) <(6)> a county board of school
3-5 trustees;
3-6 (vii) <(7)> a county board of education;
3-7 (viii) <(8)> the governing board of a
3-8 special district;
3-9 (ix) <(9)> the governing body of a
3-10 nonprofit corporation organized under Chapter 76, Acts of the 43rd
3-11 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-12 Texas Civil Statutes), that provides a water supply or wastewater
3-13 service, or both, and is exempt from ad valorem taxation under
3-14 Section 11.30, Tax Code; and
3-15 (x) <(10)> the part, section, or portion
3-16 of an organization, corporation, commission, committee,
3-17 institution, or agency that spends or that is supported in whole or
3-18 in part by public funds; and
3-19 (B)<. (b) In this chapter, "governmental body">
3-20 does not include the judiciary.
3-21 (2) "Manipulation" means the process of modifying,
3-22 reordering, or decoding of information with human intervention.
3-23 (3) "Processing" means the execution of a sequence of
3-24 coded instructions by a computer producing a result.
3-25 (4) "Programming" means the process of producing a
3-26 sequence of coded instructions that can be executed by a computer.
3-27 (5) "Public <(c) In this section, "public> funds"
4-1 means funds of the state or of a governmental subdivision of the
4-2 state.
4-3 (6) "Requestor" means a person who submits a request
4-4 to a governmental body for inspection or copies of public
4-5 information.
4-6 Sec. 552.004. Preservation of Information <Records>. A
4-7 governmental body or, for information <records> of an elective
4-8 county office, the elected county officer, may determine a time for
4-9 which information <records> that is <are> not currently in use will
4-10 be preserved, subject to any applicable rule or law <state laws>
4-11 governing the destruction and other disposition of state and local
4-12 government records or public information.
4-13 Sec. 552.006. Effect of Chapter on Withholding Public
4-14 Information. This chapter does not authorize the withholding of
4-15 public information or limit the availability of public information
4-16 <records> to the public, except as expressly provided by this
4-17 chapter.
4-18 Sec. 552.007. Voluntary Disclosure of Certain Information
4-19 <Records> When Disclosure not Required. (a) This chapter does not
4-20 prohibit a governmental body or its officer for public information
4-21 <records> from voluntarily making part or all of its information
4-22 <records> available to the public, unless the disclosure is
4-23 expressly prohibited by law or the information is <records are>
4-24 confidential under law.
4-25 (b) Public information <Records> made available under
4-26 Subsection (a) must be made available to any person.
4-27 Sec. 552.021. Availability of Public Information. <(a)
5-1 Information is public information if, under a law or ordinance or
5-2 in connection with the transaction of official business, it is
5-3 collected, assembled, or maintained:>
5-4 <(1) by a governmental body; or>
5-5 <(2) for a governmental body and the governmental body
5-6 owns the information or has a right of access to it.>
5-7 <(b)> Public information is available to the public at a
5-8 minimum during the normal business hours of the governmental body.
5-9 SECTION 3. Section 552.022, Government Code, is amended to
5-10 read as follows:
5-11 Sec. 552.022. Categories of Public Information; Examples.
5-12 Without limiting the amount or kind of information that is public
5-13 information under <meaning of other sections of> this chapter, the
5-14 following categories of information are public information:
5-15 (1) a completed report, audit, evaluation, or
5-16 investigation made of, for, or by a governmental body;
5-17 (2) the name, sex, ethnicity, salary, title, and dates
5-18 of employment of each employee and officer of a governmental body;
5-19 (3) information in an account, voucher, or contract
5-20 relating to the receipt or expenditure of public or other funds by
5-21 a governmental body, if the information is not otherwise made
5-22 confidential by law;
5-23 (4) the name of each official and the final record of
5-24 voting on all proceedings in a governmental body;
5-25 (5) all working papers, research material, and
5-26 information used to estimate the need for or expenditure of public
5-27 funds or taxes by a governmental body, on completion of the
6-1 estimate;
6-2 (6) the name, place of business, and the name of the
6-3 municipality to which local sales and use taxes are credited, if
6-4 any, for the named person, of a person reporting or paying sales
6-5 and use taxes under Chapter 151, Tax Code;
6-6 (7) a description of an agency's central and field
6-7 organization, including:
6-8 (A) the established places at which the public
6-9 may obtain information, submit information or requests, or obtain
6-10 decisions;
6-11 (B) the employees from whom the public may
6-12 obtain information, submit information or requests, or obtain
6-13 decisions;
6-14 (C) in the case of a uniformed service, the
6-15 members from whom the public may obtain information, submit
6-16 information or requests, or obtain decisions; and
6-17 (D) the methods by which the public may obtain
6-18 information, submit information or requests, or obtain decisions;
6-19 (8) a statement of the general course and method by
6-20 which an agency's functions are channeled and determined, including
6-21 the nature and requirements of all formal and informal policies and
6-22 procedures;
6-23 (9) a rule of procedure, a description of forms
6-24 available or the places at which forms may be obtained, and
6-25 instructions relating to the scope and content of all papers,
6-26 reports, or examinations;
6-27 (10) a substantive rule of general applicability
7-1 adopted or issued by an agency as authorized by law, and a
7-2 statement of general policy or interpretation of general
7-3 applicability formulated and adopted by an agency;
7-4 (11) each amendment, revision, or repeal of
7-5 information described by Subdivisions (7)-(10);
7-6 (12) final opinions, including concurring and
7-7 dissenting opinions, and orders issued in the adjudication of
7-8 cases;
7-9 (13) a policy statement or interpretation that has
7-10 been adopted or issued by an agency;
7-11 (14) administrative staff manuals and instructions to
7-12 staff that affect a member of the public; <and>
7-13 (15) information regarded as open to the public under
7-14 an agency's policies;
7-15 (16) information that is in a bill for attorney's fees
7-16 and that is not privileged under the attorney-client privilege or
7-17 confidential under other law;
7-18 (17) information that is also contained in a public
7-19 court record; and
7-20 (18) a settlement agreement to which a governmental
7-21 body is a party unless the agreement is confidential under other
7-22 law.
7-23 SECTION 4. Section 552.023(a), Government Code, is amended
7-24 to read as follows:
7-25 (a) A person or a person's authorized representative has a
7-26 special right of access, beyond the right of the general public, to
7-27 information <records and copies of records> held by a governmental
8-1 body that relates <contain information relating> to the person and
8-2 that is protected from public disclosure by laws intended to
8-3 protect that person's privacy interests.
8-4 SECTION 5. Sections 552.103, 552.107, and 552.108,
8-5 Government Code, are amended to read as follows:
8-6 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
8-7 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
8-8 Information is excepted from the requirements of Section 552.021 if
8-9 the attorney general or the attorney of the political subdivision
8-10 has determined that the information should be withheld from public
8-11 inspection, and it is information created:
8-12 (1) in anticipation of <relating to> litigation of a
8-13 civil or criminal nature <or settlement negotiations,> to which the
8-14 state or a political subdivision is or may be a party or to which
8-15 an officer or employee of the state or a political subdivision, as
8-16 a consequence of the person's office or employment, is or may be a
8-17 party; or <and>
8-18 (2) for the purpose of settlement negotiations to
8-19 which the state or a political subdivision is a party or to which
8-20 an officer or employee of the state or a political subdivision, as
8-21 a consequence of the person's office or employment, is a party
8-22 <that the attorney general or the attorney of the political
8-23 subdivision has determined should be withheld from public
8-24 inspection>.
8-25 (b) A determination by the attorney of the political
8-26 subdivision that the information should be withheld from public
8-27 inspection does not relieve the political subdivision of its
9-1 obligation to seek an attorney general decision under Section
9-2 552.301.
9-3 (c) For purposes of this section, the state or a political
9-4 subdivision is considered to be a party to litigation of a criminal
9-5 nature until the applicable statute of limitations has expired or
9-6 until the defendant has exhausted all appellate and postconviction
9-7 remedies in state and federal court.
9-8 (d) Subsection (a)(1) does not apply if:
9-9 (1) the litigation for which the information was
9-10 created has concluded, unless the information is the work product
9-11 of an attorney; or
9-12 (2) all parties to the litigation have seen or had
9-13 access to the information.
9-14 (e) Information under this section includes the work product
9-15 of an attorney. Protection for the work product of an attorney
9-16 does not terminate on the conclusion of the litigation for which it
9-17 was created.
9-18 (f) In this section, "work product of an attorney" means the
9-19 mental processes, conclusions, and legal theories of an attorney
9-20 created in anticipation of litigation.
9-21 Sec. 552.107. Exception: Certain Legal Matters.
9-22 Information is excepted from the requirements of Section 552.021
9-23 if:
9-24 (1) it is information that the attorney general or an
9-25 attorney of a political subdivision is prohibited from disclosing
9-26 because of a duty to the client under the Texas Rules of Civil
9-27 Evidence, the Texas Rules of Criminal Evidence, or the Texas
10-1 Disciplinary Rules of Professional Conduct <the State Bar of
10-2 Texas>; or
10-3 (2) a court by order has prohibited disclosure of the
10-4 information.
10-5 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
10-6 PROSECUTORIAL INFORMATION <RECORDS>. (a) Information held by <A
10-7 record of> a law enforcement agency or prosecutor that deals with
10-8 the detection, investigation, or prosecution of crime is excepted
10-9 from the requirements of Section 552.021.
10-10 (b) An internal record or notation of a law enforcement
10-11 agency or prosecutor that is maintained for internal use in matters
10-12 relating to law enforcement or prosecution is excepted from the
10-13 requirements of Section 552.021.
10-14 SECTION 6. Section 552.122, Government Code, is amended to
10-15 conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
10-16 Regular Session, 1993, to read as follows:
10-17 Sec. 552.122. EXCEPTION: <CURRICULUM OBJECTIVES AND> TEST
10-18 ITEMS. (a) A <curriculum objective or> test item developed by an
10-19 educational institution that is funded wholly or in part by state
10-20 revenue is excepted from the requirements of Section 552.021.
10-21 (b) A test item developed by a licensing agency or
10-22 governmental body is excepted from the requirements of Section
10-23 552.021.
10-24 SECTION 7. Subchapter C, Chapter 552, Government Code, is
10-25 amended to conform to Section 1, Chapter 98, Acts of the 73rd
10-26 Legislature, Regular Session, 1993, by adding Section 552.124 to
10-27 read as follows:
11-1 Sec. 552.124. EXCEPTION: RECORDS OF LIBRARY OR LIBRARY
11-2 SYSTEM. (a) A record of a library or library system, supported in
11-3 whole or in part by public funds, that identifies or serves to
11-4 identify a person who requested, obtained, or used a library
11-5 material or service is excepted from the requirements of Section
11-6 552.021 unless the record is disclosed:
11-7 (1) because the library or library system determines
11-8 that disclosure is reasonably necessary for the operation of the
11-9 library or library system and the record is not confidential under
11-10 other state or federal law;
11-11 (2) under Section 552.023; or
11-12 (3) to a law enforcement agency or a prosecutor under
11-13 a court order or subpoena obtained after a showing to a district
11-14 court that:
11-15 (A) disclosure of the record is necessary to
11-16 protect the public safety; or
11-17 (B) the record is evidence of an offense or
11-18 constitutes evidence that a particular person committed an offense.
11-19 (b) A record of a library or library system that is excepted
11-20 from required disclosure under this section is confidential.
11-21 SECTION 8. Subchapter B, Chapter 552, Government Code, is
11-22 amended by adding Section 552.027 to read as follows:
11-23 Sec. 552.027. EXCEPTION: INFORMATION AVAILABLE
11-24 COMMERCIALLY; RESOURCE MATERIAL. (a) A governmental body is not
11-25 required under this chapter to allow the inspection of or to
11-26 provide a copy of information in a commercial book or publication
11-27 purchased or acquired by the governmental body for research
12-1 purposes if the book or publication is commercially available to
12-2 the public.
12-3 (b) Although information in a book or publication may be
12-4 made available to the public as a resource material, such as a
12-5 library book, a governmental body is not required to make a copy of
12-6 the information in response to a request for public information.
12-7 (c) A governmental body shall allow the inspection of
12-8 information in a book or publication that is made part of,
12-9 incorporated into, or referred to in a rule or policy of a
12-10 governmental body.
12-11 SECTION 9. The subchapter heading to Subchapter D, Chapter
12-12 552, Government Code, is amended to read as follows:
12-13 SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION <RECORDS>
12-14 SECTION 10. Subchapter D, Chapter 552, Government Code, is
12-15 amended by amending Sections 552.201, 552.202, and 552.203 and by
12-16 adding Section 552.204 to read as follows:
12-17 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC INFORMATION
12-18 <RECORDS>. (a) The chief administrative officer of a governmental
12-19 body is the officer for public information <records>, except as
12-20 provided by Subsection (b).
12-21 (b) Each elected county officer is the officer for public
12-22 information <records> and the custodian, as defined by Section
12-23 201.003, Local Government Code, of the information <records>
12-24 created or received by that county officer's office.
12-25 Sec. 552.202. Department Heads. Each department head is an
12-26 agent of the officer for public information <records> for the
12-27 purposes of complying with this chapter.
13-1 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
13-2 INFORMATION <RECORDS>. Each officer for public information
13-3 <records>, subject to penalties provided in this chapter, shall:
13-4 (1) make public information <records> available for
13-5 public inspection and copying;
13-6 (2) carefully protect public information <records>
13-7 from deterioration, alteration, mutilation, loss, or unlawful
13-8 removal; and
13-9 (3) repair, renovate, or rebind public information
13-10 <records> as necessary to maintain it <them> properly.
13-11 Sec. 552.204. SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
13-12 INFORMATION. An officer for public information is responsible for
13-13 the release of public information as required by this chapter. The
13-14 officer is not responsible for:
13-15 (1) the use made of the information by the requestor;
13-16 or
13-17 (2) the release of information after it is removed
13-18 from a record as a result of an update, a correction, or a change
13-19 of status of the person to whom the information pertains.
13-20 SECTION 11. Subchapter E, Chapter 552, Government Code, is
13-21 amended by amending Sections 552.221, 552.222, 552.223, 552.224,
13-22 552.225, 552.226, 552.227, 552.228, and 552.230 and by adding
13-23 Section 552.231 to read as follows:
13-24 Sec. 552.221. Application for Public Information; Production
13-25 of Public Information. (a) An officer for public information
13-26 <records> of a governmental body shall promptly produce public
13-27 information for inspection, duplication, or both<, in the offices
14-1 of the governmental body> on application by any person to the
14-2 officer.
14-3 (b) An officer for public information complies with
14-4 Subsection (a) by:
14-5 (1) providing the public information for inspection or
14-6 duplication in the offices of the governmental body; or
14-7 (2) sending copies of the public information by first
14-8 class United States mail if the person requesting the information
14-9 requests that copies be provided by mail and agrees to pay the
14-10 postage.
14-11 (c) If the requested information is unavailable at the time
14-12 of the request to examine because it is in active use or in
14-13 storage, the officer for public information <records> shall certify
14-14 this fact in writing to the requestor <applicant> and set a date
14-15 and hour within a reasonable time when the information <record>
14-16 will be available for inspection or duplication.
14-17 (d) If an officer for public information cannot produce
14-18 public information for inspection or duplication within 10 calendar
14-19 days after the date the information is requested under Subsection
14-20 (a), the officer shall certify that fact in writing to the
14-21 requestor and set a date and hour within a reasonable time when the
14-22 information will be available for inspection or duplication.
14-23 Sec. 552.222. PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO
14-24 REQUESTOR <OF PERSON APPLYING FOR INSPECTION OF RECORDS>. (a) The
14-25 officer for public information <records> and the officer's agent
14-26 may not make an inquiry of a requestor <person who applies for
14-27 inspection or copying of a public record> except to establish
15-1 proper identification or except as provided by Subsection (b).
15-2 (b) If what information is requested is unclear to the
15-3 governmental body, the governmental body may ask the requestor to
15-4 clarify the request. If a large amount of information has been
15-5 requested, the governmental body may discuss with the requestor how
15-6 the scope of a request might be narrowed, but the governmental body
15-7 may not inquire into the purpose for which information will be used
15-8 <and the public records requested>.
15-9 Sec. 552.223. Uniform Treatment of Requests for Information.
15-10 The officer for public information <records> or the officer's agent
15-11 shall treat all requests for information uniformly without regard
15-12 to the position or occupation of the requestor <person making the
15-13 request>, the person on whose behalf the request is made, or the
15-14 status of the individual as a member of the media.
15-15 Sec. 552.224. Comfort and Facility. The officer for public
15-16 information <records> or the officer's agent shall give to a
15-17 requestor <person requesting public records> all reasonable comfort
15-18 and facility for the full exercise of the right granted by this
15-19 chapter.
15-20 Sec. 552.225. Time for Examination. (a) A requestor
15-21 <person requesting public information> must complete the
15-22 examination of the information not later than the 10th day after
15-23 the date the custodian of the information makes it available to the
15-24 person.
15-25 (b) The officer for public information <records> shall
15-26 extend the initial examination period by an additional 10 days if,
15-27 within the initial period, the requestor <person requesting the
16-1 information> files with the officer for public information
16-2 <records> a written request for additional time. The officer for
16-3 public information <records> shall extend an additional examination
16-4 period by another 10 days if, within the additional period, the
16-5 requestor <person requesting the information> files with the
16-6 officer for public information <records> a written request for more
16-7 additional time.
16-8 (c) The time during which a person may examine information
16-9 may be interrupted by the officer for public information <records>
16-10 if the information is needed for use by the governmental body. The
16-11 period of interruption is not considered to be a part of the time
16-12 during which the person may examine the information.
16-13 Sec. 552.226. Removal of Original Record. This chapter does
16-14 not authorize a requestor <person> to remove an original copy of a
16-15 public record from the office of a governmental body.
16-16 Sec. 552.227. Research of State Library Holdings Not
16-17 Required. An officer for public information <records> or the
16-18 officer's agent is not required to perform general research within
16-19 the reference and research archives and holdings of state
16-20 libraries.
16-21 Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
16-22 <RECORD> WITHIN REASONABLE TIME. (a) It shall be a policy of a
16-23 governmental body to provide a suitable copy of <a> public
16-24 information <record> within a reasonable time after the date on
16-25 which the copy is requested.
16-26 (b) If public information exists in an electronic or
16-27 magnetic medium, the requestor may request a copy either on paper
17-1 or in an electronic medium, such as on diskette or on magnetic
17-2 tape. A governmental body shall provide a copy in the requested
17-3 medium if:
17-4 (1) the governmental body has the technological
17-5 ability to produce a copy of the requested information in the
17-6 requested medium;
17-7 (2) the governmental body is not required to purchase
17-8 any software or hardware to accommodate the request; and
17-9 (3) provision of a copy of the information in the
17-10 requested medium will not violate the terms of any copyright
17-11 agreement between the governmental body and a third party.
17-12 (c) If a governmental body is unable to comply with a
17-13 request to produce a copy of information in a requested medium for
17-14 any of the reasons described by this section, the governmental body
17-15 shall provide a paper copy of the requested information or a copy
17-16 in another medium that is acceptable to the requestor. A
17-17 governmental body is not required to copy information onto a
17-18 diskette or other material provided by the requestor but may use
17-19 its own supplies.
17-20 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
17-21 INFORMATION <RECORDS>. A governmental body may promulgate
17-22 reasonable rules of procedure under which public information
17-23 <records> may be inspected efficiently, safely, and without delay.
17-24 Sec. 552.231. RESPONDING TO REQUESTS FOR INFORMATION THAT
17-25 REQUIRE PROGRAMMING OR MANIPULATION OF DATA. (a) A governmental
17-26 body shall provide to a requestor the written statement described
17-27 by Subsection (b) if the governmental body determines:
18-1 (1) that responding to a request for public
18-2 information will require programming or manipulation of data; and
18-3 (2) that:
18-4 (A) compliance with the request is not feasible
18-5 or will result in substantial interference with its ongoing
18-6 operations; or
18-7 (B) the information could be made available in
18-8 the requested form only at a cost that covers the programming and
18-9 manipulation of data.
18-10 (b) The written statement must include:
18-11 (1) a statement that the information is not available
18-12 in the requested form;
18-13 (2) a description of the form in which the information
18-14 is available;
18-15 (3) a description of any contract or services that
18-16 would be required to provide the information in the requested form;
18-17 (4) a statement of the cost of providing the
18-18 information in the requested form, as determined in accordance with
18-19 the rules established by the General Services Commission under
18-20 Section 552.262; and
18-21 (5) a statement of the anticipated time required to
18-22 provide the information in the requested form.
18-23 (c) The governmental body shall provide the written
18-24 statement to the requestor within 20 days after the date of the
18-25 governmental body's receipt of the request. The governmental body
18-26 has an additional 10 days to provide the statement if the
18-27 governmental body gives written notice to the requestor, within 20
19-1 days after the date of receipt of the request, that the additional
19-2 time is needed.
19-3 (d) On providing the written statement to the requestor as
19-4 required by this section, the governmental body does not have any
19-5 further obligation to provide the information in the requested form
19-6 or in the form in which it is available until the requestor states
19-7 in writing to the governmental body that the requestor:
19-8 (1) wants the governmental body to provide the
19-9 information in the requested form according to the cost and time
19-10 parameters set out in the statement or according to other terms to
19-11 which the requestor and the governmental body agree; or
19-12 (2) wants the information in the form in which it is
19-13 available.
19-14 (e) The officer for public information of a governmental
19-15 body shall establish policies that assure the expeditious and
19-16 accurate processing of requests for information that require
19-17 programming or manipulation of data. A governmental body shall
19-18 maintain a file containing all written statements issued under this
19-19 section in a readily accessible location.
19-20 SECTION 12. Section 552.261, Government Code, is amended to
19-21 read as follows:
19-22 Sec. 552.261. Determining Cost of Copies. <(a) A
19-23 governmental body may not charge an excessive amount for
19-24 noncertified, photographic reproductions of public records
19-25 comprised of pages that are legal size or smaller.>
19-26 <(b)> The cost of obtaining a copy of public information
19-27 <standard or legal size photographic reproduction> shall be an
20-1 amount that reasonably includes all costs related to reproducing
20-2 the public information <record>, including costs of materials,
20-3 labor, and overhead. If a<, unless the> request is for 50 or fewer
20-4 pages of paper records, the charge for the public information may
20-5 not include costs of materials, labor, or overhead, but shall be
20-6 limited to the photocopying costs, unless the pages to be copied
20-7 are located in:
20-8 (1) more than one building; or
20-9 (2) a remote storage facility <readily available
20-10 information>.
20-11 <(c) The General Services Commission shall periodically
20-12 determine guidelines for the actual cost of standard size
20-13 reproductions and shall periodically publish these cost figures for
20-14 use by governmental bodies in determining charges under this
20-15 subchapter.>
20-16 SECTION 13. Subchapter F, Chapter 552, Government Code, is
20-17 amended by amending Sections 552.262, 552.263, 552.264, 552.266,
20-18 552.267, 552.268, and 552.269 and by adding Sections 552.270,
20-19 552.271, 552.272, and 552.273 to read as follows:
20-20 Sec. 552.262. RULES OF THE GENERAL SERVICES COMMISSION <COST
20-21 FOR NONSTANDARD RECORDS>. (a) The General Services Commission
20-22 shall adopt rules for use by each governmental body in determining
20-23 charges under this subchapter. The rules adopted by the General
20-24 Services Commission shall be used by each governmental body in
20-25 determining charges for copies of public information, except to the
20-26 extent that other law provides for charges for specific kinds of
20-27 public information. The charges for public information may not be
21-1 excessive and may not exceed the actual cost of producing the
21-2 information. A governmental body, other than an agency of state
21-3 government, may determine its own charges for producing public
21-4 information but shall not charge more than a 50 percent variance
21-5 from the rules established by the General Services Commission
21-6 unless the governmental body requests an exemption under Subsection
21-7 (c).
21-8 (b) The General Services Commission shall conduct a study to
21-9 determine reasonable charges for producing information prior to the
21-10 implementation of rules regarding charges under this subchapter.
21-11 The study shall be completed not later than September 30, 1996,
21-12 with full participation of parties, including representatives of
21-13 county and municipal government and other interested parties. The
21-14 rules of the General Services Commission shall prescribe the
21-15 methods for computing the charges for copies of public information
21-16 in paper, electronic, and other kinds of media. The rules shall
21-17 establish costs for various components of charges for public
21-18 information that shall be used by each governmental body in
21-19 providing copies of public information.
21-20 (c) A governmental body may request that it be exempt from
21-21 part or all of the rules adopted by the General Services Commission
21-22 for determining charges for public information. The request must
21-23 be made in writing to the General Services Commission and must
21-24 state the reason for the exemption. If the General Services
21-25 Commission determines that good cause exists for exempting a
21-26 governmental body from a part or all of the rules, the commission
21-27 shall give written notice of the determination to the governmental
22-1 body within 90 days of the request. On receipt of the
22-2 determination, the governmental body may amend its charges for
22-3 public information according to the determination of the General
22-4 Services Commission.
22-5 (d) The General Services Commission shall publish annually
22-6 in the Texas Register a list of the governmental bodies that have
22-7 authorization from the General Services Commission to adopt any
22-8 modified rules for determining the cost of public information.
22-9 <The charge for access to public records that are comprised in a
22-10 form other than standard or smaller sized pages or that are in
22-11 computer record banks, microfilm records, or other similar record
22-12 keeping systems shall be set:>
22-13 <(1) making every effort to match the charge with the
22-14 actual cost of providing the record;>
22-15 <(2) after consultation between a governmental body's
22-16 officer for public records and the General Services Commission; and>
22-17 <(3) in an amount that reasonably includes all costs
22-18 related to providing the record, including costs of materials,
22-19 labor, and overhead.>
22-20 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
22-21 FOR PREPARATION OF PUBLIC INFORMATION <RECORDS>. An officer for
22-22 public information <records> or the officer's agent may require a
22-23 deposit or bond for payment of <costs or cash prepayment of>
22-24 anticipated costs for the preparation of a copy of public
22-25 information <record> if the charge for <preparation of> the copy is
22-26 estimated by the governmental body to exceed $100 <record would be
22-27 unduly costly and its reproduction would cause undue hardship to
23-1 the department or agency if the costs were not paid>.
23-2 Sec. 552.264. COPY OF PUBLIC INFORMATION <RECORD> REQUESTED
23-3 BY MEMBER OF LEGISLATURE. One copy of <a> public information
23-4 <record> that is requested from a state agency by a member of the
23-5 legislature in the performance of the member's duties shall be
23-6 provided without charge.
23-7 Sec. 552.266. COPY OF PUBLIC INFORMATION <RECORD> PROVIDED
23-8 BY MUNICIPAL COURT CLERK. The charge for a copy made by a
23-9 municipal court clerk shall be the charge provided by municipal
23-10 ordinance.
23-11 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
23-12 INFORMATION <RECORD>. (a) A governmental body shall furnish a
23-13 copy of public information <records> without charge or at a reduced
23-14 charge if the governmental body determines that waiver or reduction
23-15 of the fee is in the public interest because furnishing the
23-16 information primarily benefits the general public.
23-17 (b) If the cost to a governmental body of processing the
23-18 collection of a charge for a copy of public information will exceed
23-19 the amount of the charge, the governmental body may waive the
23-20 charge.
23-21 Sec. 552.268. Efficient Use of Public Resources <RECORDS>.
23-22 A governmental body shall make reasonably efficient use of supplies
23-23 and other resources <each page of a public record> to avoid
23-24 excessive reproduction costs.
23-25 Sec. 552.269. Overcharge or <RECOVERY OF> OVERPAYMENT FOR
23-26 PUBLIC INFORMATION <RECORD>. (a) A person who believes the person
23-27 has been overcharged for a copy of public information may complain
24-1 to the General Services Commission in writing of the alleged
24-2 overcharge, setting forth the reasons why the person believes the
24-3 charges are excessive. The General Services Commission shall
24-4 review the complaint and make a determination in writing as to the
24-5 appropriate charge for the requested information. The governmental
24-6 body shall respond to the General Services Commission to any
24-7 written questions asked of the governmental body by the commission
24-8 regarding the charges made for the public information. The
24-9 response must be made to the General Services Commission within 10
24-10 days after the date the questions are received by the governmental
24-11 body. If the General Services Commission determines that a
24-12 governmental body has overcharged for requested public information,
24-13 the governmental body shall promptly adjust its charges in
24-14 accordance with the determination of the General Services
24-15 Commission.
24-16 (b) A person who overpays for a copy of <a> public
24-17 information <record> because a governmental body refuses or fails
24-18 to follow the rules for charges adopted by the General Services
24-19 Commission <provide the copy at the actual cost of reproducing the
24-20 record as provided by Sections 552.261 and 552.262> is entitled to
24-21 recover three times the amount of the overcharge if the
24-22 governmental body did not act in good faith in computing the costs.
24-23 Sec. 552.270. COST OF GOVERNMENT PUBLICATION. (a) The cost
24-24 provisions of this subchapter do not apply to a publication that is
24-25 compiled and printed by or for a governmental body for public
24-26 dissemination. If the cost of the publication is not determined by
24-27 state law, a governmental body may determine the charge to be made
25-1 for the publication.
25-2 (b) This section does not prohibit a governmental body from
25-3 providing a publication free of charge if state law does not
25-4 require that a certain charge be made.
25-5 Sec. 552.271. INSPECTION OF PAPER RECORD IF COPY NOT
25-6 REQUESTED. A charge may not be imposed for making available for
25-7 inspection any public information that exists in a paper record,
25-8 except that if a requested page contains confidential information
25-9 that must be edited from the record before the information can be
25-10 made available, the governmental body may charge for the cost of
25-11 making a copy of the page from which information must be edited.
25-12 No charge other than the cost of the copy may be imposed.
25-13 Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COPY NOT
25-14 REQUESTED. (a) In response to a request to inspect information
25-15 that exists in an electronic medium and that is not available
25-16 directly on-line to the requestor, a charge may not be imposed for
25-17 access to the information, unless complying with the request will
25-18 require programming or manipulation of data. If programming or
25-19 manipulation of data is required, the governmental body shall
25-20 notify the requestor before assembling the information and provide
25-21 the requestor with an estimate of charges that will be imposed to
25-22 make the information available. A charge under this section must
25-23 be assessed in accordance with this subchapter.
25-24 (b) If public information exists in an electronic form on a
25-25 computer owned or leased by a governmental body and if the public
25-26 has direct access to that computer through a computer network or
25-27 other means, the electronic form of the information may be
26-1 electronically copied from that computer without charge if
26-2 accessing the information does not require processing, programming,
26-3 or manipulation on the government-owned or government-leased
26-4 computer before the information is copied.
26-5 (c) If public information exists in an electronic form on a
26-6 computer owned or leased by a governmental body and if the public
26-7 has direct access to that computer through a computer network or
26-8 other means and the information requires processing, programming,
26-9 or manipulation before it can be electronically copied, a
26-10 governmental body may impose charges in accordance with this
26-11 subchapter.
26-12 (d) If information is created or kept in an electronic form,
26-13 a governmental body is encouraged to explore options to separate
26-14 out confidential information and to make public information
26-15 available to the public through electronic access through a
26-16 computer network or by other means.
26-17 Sec. 552.273. INTERIM CHARGES FOR GEOGRAPHIC INFORMATION
26-18 SYSTEMS DATA. (a) A municipality that does not collect records
26-19 preservation funds may provide access to geographic information
26-20 systems (GIS) data at low cost or no cost to requestors. A means
26-21 by which the municipality may provide access to the information at
26-22 low or no cost may include public access terminals, dial-up
26-23 services, or any similar type of access.
26-24 (b) If a municipality provides access as provided by
26-25 Subsection (a), the municipality may set charges for providing
26-26 copies of the GIS database. The factors considered in setting the
26-27 charges may include data collection costs, system operation costs,
27-1 and an estimation of the value of the information on the commercial
27-2 market.
27-3 (c) The General Services Commission shall conduct a study to
27-4 determine reasonable charges for geographic information systems
27-5 data. The study shall be completed not later than September 30,
27-6 1996, with full participation of parties, including:
27-7 (1) the Geographic Information Systems Planning
27-8 Council;
27-9 (2) representatives of county and municipal
27-10 governments; and
27-11 (3) other interested parties.
27-12 (d) This section expires August 31, 1997.
27-13 SECTION 14. Section 552.301, Government Code, is amended to
27-14 read as follows:
27-15 Sec. 552.301. Request for Attorney General Decision. (a) A
27-16 governmental body that receives a written request for information
27-17 that it wishes to withhold from public disclosure and that it
27-18 considers to be within one of the exceptions under Subchapter C
27-19 must ask for a decision from the attorney general about whether the
27-20 information is within that exception if there has not been a
27-21 previous determination about whether the information falls within
27-22 one of the exceptions. The governmental body must ask for the
27-23 attorney general's decision and state the exceptions that apply
27-24 within a reasonable time but not later than the 10th calendar day
27-25 after the date of receiving the written request.
27-26 (b) A governmental body that requests an attorney general
27-27 decision under Subsection (a) <wishes to withhold information> must
28-1 within a reasonable time but not later than the 15th calendar day
28-2 after the date of receiving the written request:
28-3 (1) submit to the attorney general written comments
28-4 stating the reasons why the stated exceptions apply that would
28-5 allow the information to <should> be withheld;
28-6 (2) submit to the attorney general a copy of the
28-7 written request for information;
28-8 (3) submit to the attorney general a copy of the
28-9 specific information requested, or submit representative samples of
28-10 the information if a voluminous amount of information was
28-11 requested; and
28-12 (4) label that copy of the specific information, or of
28-13 the representative samples, to indicate which exceptions apply to
28-14 which parts of the copy.
28-15 SECTION 15. Section 552.303, Government Code, is amended to
28-16 read as follows:
28-17 Sec. 552.303. Delivery of Requested Information to Attorney
28-18 General; Disclosure of Requested Information; Attorney General
28-19 Request for Submission of Additional Information. (a) A
28-20 governmental body that requests an attorney general decision under
28-21 this subchapter shall supply to the attorney general, in accordance
28-22 with Section 552.301, the specific information requested. The
28-23 governmental body may <and shall> not disclose the information to
28-24 the public or to the requestor <party requesting the information>
28-25 until the attorney general makes a final determination that the
28-26 information is public or, if suit is filed under this chapter,
28-27 until a final determination that the information is public
29-1 <decision> has been made by the court with jurisdiction over the
29-2 suit, except as otherwise provided by Section 552.322.
29-3 (b) The attorney general may determine whether a
29-4 governmental body's submission of information is sufficient to
29-5 render a decision.
29-6 (c) If the governmental body failed to supply to the
29-7 attorney general all of the specific information that is necessary
29-8 to render a decision, the attorney general shall give written
29-9 notice of that fact to the governmental body and the requestor.
29-10 (d) A governmental body notified under Subsection (c) shall
29-11 submit the necessary additional information to the attorney general
29-12 not later than the seventh calendar day after the date the notice
29-13 is received.
29-14 (e) If a governmental body does not comply with Subsection
29-15 (d), the information that is the subject of a person's request to
29-16 the governmental body and regarding which the governmental body
29-17 fails to comply with Subsection (d) is presumed to be public
29-18 information.
29-19 SECTION 16. Section 552.304, Government Code, is amended to
29-20 read as follows:
29-21 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. A person
29-22 <member of the public> may submit written comments stating reasons
29-23 why the information at issue in a request for an attorney general
29-24 decision should or should not be released.
29-25 SECTION 17. Section 552.305(a), Government Code, is amended
29-26 to read as follows:
29-27 (a) In a case in which information is requested under this
30-1 chapter and a person's <third party's> privacy or property
30-2 interests may be involved, including a case under Section 552.101,
30-3 552.104, 552.110, or 552.114, a governmental body may decline to
30-4 release the information for the purpose of requesting an attorney
30-5 general decision.
30-6 SECTION 18. Section 552.306, Government Code, is amended to
30-7 read as follows:
30-8 Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION;
30-9 ISSUANCE OF WRITTEN OPINION. (a) The attorney general shall
30-10 promptly render a decision requested under this subchapter,
30-11 consistent with the standards of due process, determining whether
30-12 the requested information is <a public record or is> within one of
30-13 the exceptions of Subchapter C. The attorney general shall render
30-14 the decision not later than the 60th working day after the date the
30-15 attorney general received the request for a decision. If the
30-16 attorney general is unable to issue the decision within the 60-day
30-17 period, the attorney general may extend the period for issuing the
30-18 decision by an additional 20 working days by informing the
30-19 governmental body and the requestor, during the original 60-day
30-20 period, of the reason for the delay.
30-21 (b) The attorney general shall issue a written opinion of
30-22 the determination and shall provide a copy of the opinion to the
30-23 requestor.
30-24 SECTION 19. Subchapter G, Chapter 552, Government Code, is
30-25 amended by adding Section 552.308 to read as follows:
30-26 Sec. 552.308. TIMELINESS OF ACTION BY MAIL. When this
30-27 subchapter requires a request, notice, or other document to be
31-1 submitted or otherwise given to a person within a specified period,
31-2 the requirement is met in a timely fashion if the document is sent
31-3 to the person by first class United States mail properly addressed
31-4 with postage prepaid and:
31-5 (1) it bears a post office cancellation mark
31-6 indicating a time within the period; or
31-7 (2) the person required to submit or otherwise give
31-8 the document furnishes satisfactory proof that it was deposited in
31-9 the mail within the period.
31-10 SECTION 20. Subchapter H, Chapter 552, Government Code, is
31-11 amended by amending Section 552.321 and by adding Sections 552.324
31-12 and 552.325 to read as follows:
31-13 Sec. 552.321. Suit for Writ of Mandamus. (a) A requestor
31-14 <person requesting information> or the attorney general may file
31-15 suit in accordance with Subsections (b), (e), and (f) for a writ of
31-16 mandamus compelling a governmental body to make information
31-17 available for public inspection or duplication or for inspection or
31-18 duplication under a special right of access <if the governmental
31-19 body refuses to request an attorney general's decision as provided
31-20 by Subchapter G or refuses to supply public information or
31-21 information that the attorney general has determined is a public
31-22 record>. A requestor may also file suit in accordance with
31-23 Subsections (c), (d), (e), and (f) for a writ of mandamus
31-24 compelling a governmental body to make information available for
31-25 public inspection or duplication or for inspection or duplication
31-26 under a special right of access.
31-27 (b) A requestor or the attorney general may file suit under
32-1 Subsection (a) if the governmental body has not produced the
32-2 information for inspection or duplication and:
32-3 (1) more than 10 calendar days, plus if applicable any
32-4 additional reasonable amount of time allowed under Section 552.221,
32-5 have passed since the person made a written request for information
32-6 and the governmental body has not requested an attorney general
32-7 decision as provided by Section 552.301(a); or
32-8 (2) more than 10 calendar days have passed since the
32-9 attorney general issued a decision determining that the information
32-10 requested is:
32-11 (A) public information that is not excepted from
32-12 disclosure under Subchapter C; or
32-13 (B) information available to the requestor under
32-14 a special right of access in accordance with Section 552.023.
32-15 (c) A requestor may file suit under Subsection (a) if the
32-16 governmental body has not produced the information for inspection
32-17 or duplication and:
32-18 (1) more than 80 working days have passed since the
32-19 attorney general received the governmental body's request for a
32-20 decision under Section 552.301(a) and the attorney general has not
32-21 issued the decision; or
32-22 (2) the attorney general has issued a decision that
32-23 determines part or all of the information requested is:
32-24 (A) excepted from disclosure as public
32-25 information under Subchapter C; or
32-26 (B) not available to the requestor under a
32-27 special right of access in accordance with Section 552.023.
33-1 (d) A person who files suit under circumstances described by
33-2 Subsection (c)(1) must also file suit in the same action for a writ
33-3 of mandamus compelling the attorney general to render a decision.
33-4 (e) The district courts have original jurisdiction in a suit
33-5 filed under this section.
33-6 (f) Venue in a suit filed under this section is in:
33-7 (1) the county in which the governmental body from
33-8 which the information is requested has its principal office; or
33-9 (2) the county in which the requestor filing the suit
33-10 resides.
33-11 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a
33-12 governmental body or officer for public information may file
33-13 seeking to withhold information from a requestor is a suit that is
33-14 filed in accordance with Sections 552.325 and 552.353 and that
33-15 challenges a decision by the attorney general issued under
33-16 Subchapter G.
33-17 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD
33-18 INFORMATION. (a) A governmental body, officer for public
33-19 information, or other person or entity that files a suit seeking to
33-20 withhold information from a requestor may not file suit against the
33-21 person requesting the information. The requestor is entitled to
33-22 intervene in the suit.
33-23 (b) The governmental body, officer for public information,
33-24 or other person or entity that files the suit shall demonstrate to
33-25 the court that the governmental body, officer for public
33-26 information, or other person or entity made a timely good faith
33-27 effort to inform the requestor, by certified mail or by another
34-1 written method of notice that requires the return of a receipt, of:
34-2 (1) the existence of the suit, including the subject
34-3 matter and cause number of the suit and the court in which the suit
34-4 is filed;
34-5 (2) the requestor's right to intervene in the suit or
34-6 to choose to not participate in the suit;
34-7 (3) the fact that the suit is against the attorney
34-8 general; and
34-9 (4) the address and phone number of the office of the
34-10 attorney general.
34-11 (c) If the attorney general enters into a proposed
34-12 settlement that all or part of the information that is the subject
34-13 of the suit should be withheld, the attorney general shall notify
34-14 the requestor of that decision and, if the requestor has not
34-15 intervened in the suit, of the requestor's right to intervene to
34-16 contest the withholding. The attorney general shall notify the
34-17 requestor:
34-18 (1) in the manner required by the Texas Rules of Civil
34-19 Procedure, if the requestor has intervened in the suit; or
34-20 (2) by certified mail or by another written method of
34-21 notice that requires the return of a receipt, if the requestor has
34-22 not intervened in the suit.
34-23 (d) The court shall allow the requestor a reasonable period
34-24 to intervene after the attorney general attempts to give notice
34-25 under Subsection (c)(2).
34-26 SECTION 21. Sections 552.351 and 552.353, Government Code,
34-27 are amended to read as follows:
35-1 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
35-2 INFORMATION <RECORD>. (a) A person commits an offense if the
35-3 person wilfully destroys, mutilates, removes without permission as
35-4 provided by this chapter, or alters <a> public information
35-5 <record>.
35-6 (b) An offense under this section is a misdemeanor
35-7 punishable by:
35-8 (1) a fine of not less than $25 or more than $4,000;
35-9 (2) confinement in the county jail for not less than
35-10 three days or more than three months; or
35-11 (3) both the fine and confinement.
35-12 Sec. 552.353. Failure or Refusal of Officer for Public
35-13 Information <Records> to Provide Access to or Copying of Public
35-14 Information <RECORD>. (a) An officer for public information
35-15 <records>, or the officer's agent, commits an offense if, with
35-16 criminal negligence, the officer or the officer's agent fails or
35-17 refuses to give access to, or to permit or provide copying of,
35-18 public information <records> to a requestor <person on request> as
35-19 provided by this chapter.
35-20 (b) It is an affirmative defense to prosecution under
35-21 Subsection (a) that the officer for public information <records>
35-22 reasonably believed that public access to the requested information
35-23 <records> was not required and that the officer:
35-24 (1) acted in reasonable reliance on a court order or a
35-25 written interpretation of this chapter contained in an opinion of a
35-26 court of record or of the attorney general issued under Subchapter
35-27 G;
36-1 (2) requested a decision from the attorney general in
36-2 accordance with Subchapter G, and the decision is pending; or
36-3 (3) not later than the 10th calendar day after the
36-4 date of receipt of a decision by the attorney general that the
36-5 information is public, filed a petition for a declaratory judgment,
36-6 a writ of mandamus, or both, against the attorney general in a
36-7 Travis County district court seeking relief from compliance with
36-8 the decision of the attorney general, and a petition is pending.
36-9 (c) It is an affirmative defense to prosecution under
36-10 Subsection (a) that a person or entity has, not later than the 10th
36-11 calendar day after the date of receipt by a governmental body of a
36-12 decision by the attorney general that the information is public,
36-13 filed a cause of action seeking relief from compliance with the
36-14 decision of the attorney general, and the cause is pending.
36-15 (d) It is an affirmative defense to prosecution under
36-16 Subsection (a) that the defendant is the agent of an officer for
36-17 public information <records> and that the agent reasonably relied
36-18 on the written instruction of the officer for public information
36-19 <records> not to disclose the public information <records>
36-20 requested.
36-21 (e) An offense under this section is a misdemeanor
36-22 punishable by:
36-23 (1) a fine of not more than $1,000;
36-24 (2) confinement in the county jail for not more than
36-25 six months; or
36-26 (3) both the fine and confinement.
36-27 (f) A violation under this section constitutes official
37-1 misconduct.
37-2 SECTION 22. (a) The changes in law made by this Act
37-3 affecting the availability of information, the inspection of
37-4 information, or the copying of information, including the costs for
37-5 copying information, apply only to a request for information that
37-6 is received by a governmental body on or after September 1, 1995.
37-7 A request for information that is received by a governmental body
37-8 before that date is governed by the law in effect at the time the
37-9 request is made, and the former law is continued in effect for this
37-10 purpose.
37-11 (b) Sections 552.324 and 552.325, Government Code, as added
37-12 by this Act, relating to suits to withhold information from a
37-13 requestor, apply only to a suit filed on or after September 1,
37-14 1995.
37-15 (c) The change in law made by this Act to Section 552.306,
37-16 Government Code, applies only to a request for an attorney general
37-17 decision made under Section 552.301, Government Code, on or after
37-18 January 1, 1996.
37-19 (d) Sections 552.321(c)(1) and (d), Government Code, as
37-20 added to Section 552.321 by this Act, apply only to a request for
37-21 information filed under Chapter 552, Government Code, for which a
37-22 request for an attorney general decision is made under Section
37-23 552.301, Government Code, on or after January 1, 1996.
37-24 SECTION 23. The attorney general may not use additional
37-25 general revenue to pay for implementing the changes in law made to
37-26 Section 552.306, Government Code, by this Act or add additional
37-27 employees to comply with the changes in law made to Section
38-1 552.306, Government Code, by this Act.
38-2 SECTION 24. The following laws are repealed:
38-3 (1) Section 1, Chapter 98, Acts of the 73rd
38-4 Legislature, 1993; and
38-5 (2) Section 8.30, Chapter 347, Acts of the 73rd
38-6 Legislature, 1993.
38-7 SECTION 25. This Act takes effect September 1, 1995, except
38-8 the following changes in law take effect January 1, 1996:
38-9 (1) the change in law to Section 552.306, Government
38-10 Code, made by this Act; and
38-11 (2) Sections 552.321(c)(1) and (d), Government Code,
38-12 as added to Section 552.321 by this Act.
38-13 SECTION 26. The importance of this legislation and the
38-14 crowded condition of the calendars in both houses create an
38-15 emergency and an imperative public necessity that the
38-16 constitutional rule requiring bills to be read on three several
38-17 days in each house be suspended, and this rule is hereby suspended.