H.B. No. 1718
    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, 552.008, and 552.021, Government Code, are amended to read
    1-9  as 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. 552.008.  INFORMATION FOR LEGISLATIVE PURPOSES.  (a)
    5-1  This chapter does not grant authority to withhold information from
    5-2  individual members, agencies, or committees of the legislature to
    5-3  use for legislative purposes.
    5-4        (b)  A governmental body on request by an individual member,
    5-5  agency, or committee of the legislature shall provide public
    5-6  information, including confidential information, to the requesting
    5-7  member, agency, or committee for inspection or duplication in
    5-8  accordance with this chapter if the requesting member, agency, or
    5-9  committee states that the public information is requested under
   5-10  this chapter for legislative purposes. A governmental body, by
   5-11  providing public information under this section that is
   5-12  confidential or otherwise excepted from required disclosure under
   5-13  law, does not waive or affect the confidentiality of the
   5-14  information for purposes of state or federal law or waive the right
   5-15  to assert exceptions to required disclosure of the information in
   5-16  the future. The governmental body may require the requesting
   5-17  individual member of the legislature, the requesting  legislative
   5-18  agency or committee, or the members or employees of the requesting
   5-19  entity who will view or handle information that is received under
   5-20  this section and that is confidential under law to sign a
   5-21  confidentiality agreement that covers the information and requires
   5-22  that:
   5-23              (1)  the information not be disclosed outside the
   5-24  requesting entity, or within the requesting entity for purposes
   5-25  other than the purpose for which it was received;
   5-26              (2)  the information be labeled as confidential;
   5-27              (3)  the information be kept securely; or
    6-1              (4)  the number of copies made of the  information or
    6-2  the notes taken from the information that implicate the
    6-3  confidential nature of the information be controlled, with all
    6-4  copies or notes that are not destroyed or returned to the
    6-5  governmental body remaining confidential and subject to the
    6-6  confidentiality agreement.
    6-7        (c)  This section does not affect:
    6-8              (1)  the right of an individual member, agency, or
    6-9  committee of the legislature to obtain information from a
   6-10  governmental body under other law, including under the rules of
   6-11  either house of the legislature;
   6-12              (2)  the procedures under which the information is
   6-13  obtained under other law; or
   6-14              (3)  the use that may be made of the information
   6-15  obtained under other law.
   6-16        Sec. 552.021.  Availability of Public Information.  <(a)
   6-17  Information is public information if, under a law or ordinance or
   6-18  in connection with the transaction of official business, it is
   6-19  collected, assembled, or maintained:>
   6-20              <(1)  by a governmental body; or>
   6-21              <(2)  for a governmental body and the governmental body
   6-22  owns the information or has a right of access to it.>
   6-23        <(b)>  Public information is available to the public at a
   6-24  minimum during the normal business hours of the governmental body.
   6-25        SECTION 3.  Section 552.022, Government Code, is amended to
   6-26  read as follows:
   6-27        Sec. 552.022.  Categories of Public Information; Examples.
    7-1  Without limiting the amount or kind of information that is public
    7-2  information under <meaning of other sections of> this chapter, the
    7-3  following categories of information are public information:
    7-4              (1)  a completed report, audit, evaluation, or
    7-5  investigation made of, for, or by a governmental body;
    7-6              (2)  the name, sex, ethnicity, salary, title, and dates
    7-7  of employment of each employee and officer of a governmental body;
    7-8              (3)  information in an account, voucher, or contract
    7-9  relating to the receipt or expenditure of public or other funds by
   7-10  a governmental body, if the information is not otherwise made
   7-11  confidential by law;
   7-12              (4)  the name of each official and the final record of
   7-13  voting on all proceedings in a governmental body;
   7-14              (5)  all working papers, research material, and
   7-15  information used to estimate the need for or expenditure of public
   7-16  funds or taxes by a governmental body, on completion of the
   7-17  estimate;
   7-18              (6)  the name, place of business, and the name of the
   7-19  municipality to which local sales and use taxes are credited, if
   7-20  any, for the named person, of a person reporting or paying sales
   7-21  and use taxes under Chapter 151, Tax Code;
   7-22              (7)  a description of an agency's central and field
   7-23  organization, including:
   7-24                    (A)  the established places at which the public
   7-25  may obtain information, submit information or requests, or obtain
   7-26  decisions;
   7-27                    (B)  the employees from whom the public may
    8-1  obtain information, submit information or requests, or obtain
    8-2  decisions;
    8-3                    (C)  in the case of a uniformed service, the
    8-4  members from whom the public may obtain information, submit
    8-5  information or requests, or obtain decisions; and
    8-6                    (D)  the methods by which the public may obtain
    8-7  information, submit information or requests, or obtain decisions;
    8-8              (8)  a statement of the general course and method by
    8-9  which an agency's functions are channeled and determined, including
   8-10  the nature and requirements of all formal and informal policies and
   8-11  procedures;
   8-12              (9)  a rule of procedure, a description of forms
   8-13  available or the places at which forms may be obtained, and
   8-14  instructions relating to the scope and content of all papers,
   8-15  reports, or examinations;
   8-16              (10)  a substantive rule of general applicability
   8-17  adopted or issued by an agency as authorized by law, and a
   8-18  statement of general policy or interpretation of general
   8-19  applicability formulated and adopted by an agency;
   8-20              (11)  each amendment, revision, or repeal of
   8-21  information described by Subdivisions (7)-(10);
   8-22              (12)  final opinions, including concurring and
   8-23  dissenting opinions, and orders issued in the adjudication of
   8-24  cases;
   8-25              (13)  a policy statement or interpretation that has
   8-26  been adopted or issued by an agency;
   8-27              (14)  administrative staff manuals and instructions to
    9-1  staff that affect a member of the public; <and>
    9-2              (15)  information regarded as open to the public under
    9-3  an agency's policies;
    9-4              (16)  information that is in a bill for attorney's fees
    9-5  and that is not privileged under the attorney-client privilege or
    9-6  confidential under other law;
    9-7              (17)  information that is also contained in a public
    9-8  court record; and
    9-9              (18)  a settlement agreement to which a governmental
   9-10  body is a party unless the agreement is confidential under other
   9-11  law.
   9-12        SECTION 4.  Section 552.023(a), Government Code, is amended
   9-13  to read as follows:
   9-14        (a)  A person or a person's authorized representative has a
   9-15  special right of access, beyond the right of the general public, to
   9-16  information <records and copies of records> held by a governmental
   9-17  body that relates <contain information relating> to the person and
   9-18  that is protected from public disclosure by laws intended to
   9-19  protect that person's privacy interests.
   9-20        SECTION 5.  Section 552.024(a), Government Code, is amended
   9-21  to read as follows:
   9-22        (a)  Each employee or official of a governmental body and
   9-23  each former employee or official of a governmental body shall
   9-24  choose whether to allow public access to the information in the
   9-25  custody of the governmental body that relates <relating> to the
   9-26  person's home address, <and> home telephone number, or social
   9-27  security number, or that reveals whether the person has family
   10-1  members.
   10-2        SECTION 6.  Section 552.102(a), Government Code, is amended
   10-3  to read as follows:
   10-4        (a)  Information is excepted from the requirements of Section
   10-5  552.021 if it is information in a personnel file, the disclosure of
   10-6  which would constitute a clearly unwarranted invasion of personal
   10-7  privacy, except that all information in the personnel file of an
   10-8  employee of a governmental body is to be made available to that
   10-9  employee or the employee's designated representative as public
  10-10  information is made available under this chapter.  The exception to
  10-11  public disclosure created by this subsection is in addition to any
  10-12  exception created by Section 552.024.  Public access to personnel
  10-13  information covered by Section 552.024 is denied to the extent
  10-14  provided by that section.
  10-15        SECTION 7.  Sections 552.107 and 552.108, Government Code,
  10-16  are amended to read as follows:
  10-17        Sec. 552.107.  Exception:  Certain Legal Matters.
  10-18  Information is excepted from the requirements of Section 552.021
  10-19  if:
  10-20              (1)  it is information that the attorney general or an
  10-21  attorney of a political subdivision is prohibited from disclosing
  10-22  because of a duty to the client under the Texas Rules of Civil
  10-23  Evidence,  the Texas Rules of Criminal Evidence, or the Texas
  10-24  Disciplinary Rules of Professional Conduct  <the State Bar of
  10-25  Texas>; or
  10-26              (2)  a court by order has prohibited disclosure of the
  10-27  information.
   11-1        Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT AND
   11-2  PROSECUTORIAL INFORMATION <RECORDS>.  (a)  Information held by <A
   11-3  record of> a law enforcement agency or prosecutor that deals with
   11-4  the detection, investigation, or prosecution of crime is excepted
   11-5  from the requirements of Section 552.021.
   11-6        (b)  An internal record or notation of a law enforcement
   11-7  agency or prosecutor that is maintained for internal use in matters
   11-8  relating to law enforcement or prosecution is excepted from the
   11-9  requirements of Section 552.021.
  11-10        SECTION 8.  Section 552.113, Government Code, is amended to
  11-11  read as follows:
  11-12        Sec. 552.113.  EXCEPTION:  GEOLOGICAL OR GEOPHYSICAL
  11-13  INFORMATION.  (a)  Information is excepted from the requirements of
  11-14  Section 552.021 if it is:
  11-15              (1)  an electric log confidential under Subchapter M,
  11-16  Chapter 91, Natural Resources Code; <or>
  11-17              (2)  geological or geophysical information or data,
  11-18  including maps concerning wells, except information filed in
  11-19  connection with an application or proceeding before an agency<.>;
  11-20  or
  11-21              (3)  confidential under Subsections (c) through (f).
  11-22        (b)  Information that is shown to or examined by an employee
  11-23  of the General Land Office, but not retained in the land office, is
  11-24  not considered to be filed with the land office.
  11-25        (c)  In this section:
  11-26              (1)  "Confidential material" includes all well logs,
  11-27  geological, geophysical, geochemical, and other similar data,
   12-1  including maps and other interpretations of the material filed in
   12-2  the General Land Office:
   12-3                    (A)  in connection with any administrative
   12-4  application or proceeding before the land commissioner, the school
   12-5  land board, any board for lease, or the commissioner's or board's
   12-6  staff; or
   12-7                    (B)  in compliance with the requirements of any
   12-8  law, rule, lease, or agreement.
   12-9              (2)  "Basic electric logs" has the same meaning as it
  12-10  has in Chapter 91, Natural Resources Code.
  12-11              (3)  "Administrative applications" and "administrative
  12-12  proceedings" include applications for pooling or unitization,
  12-13  review of shut-in royalty payments, review of leases or other
  12-14  agreements to determine their validity, review of any plan of
  12-15  operations, review of the obligation to drill offset wells, or an
  12-16  application to pay compensatory royalty.
  12-17        (d)  Confidential material, except basic electric logs, filed
  12-18  in the General Land Office on or after September 1, 1985, is public
  12-19  information and is available to the public under Section 552.021 on
  12-20  and after the later of:
  12-21              (1)  five years from the filing date of the
  12-22  confidential material; or
  12-23              (2)  one year from the expiration, termination, or
  12-24  forfeiture of the lease in connection with which the confidential
  12-25  material was filed.
  12-26        (e)  Basic electric logs filed in the General Land Office on
  12-27  or after September 1, 1985, are either public information or
   13-1  confidential material to the same extent and for the same periods
   13-2  provided for the same logs by Chapter 91, Natural Resources Code.
   13-3  A person may request that a basic electric log that has been filed
   13-4  in the General Land Office be made confidential by filing with the
   13-5  land office a copy of the written request for confidentiality made
   13-6  to the Railroad Commission of Texas for the same log.
   13-7        (f)  The following are public information:
   13-8              (1)  basic electric logs filed in the General Land
   13-9  Office before September 1, 1985; and
  13-10              (2)  confidential material, except basic electric logs,
  13-11  filed in the General Land Office before September 1, 1985,
  13-12  provided, that Subsection (d) governs the disclosure of that
  13-13  confidential material filed in connection with a lease that is a
  13-14  valid and subsisting lease on September 1, 1995.
  13-15        (g)  Confidential material may be disclosed at any time if
  13-16  the person filing the material, or the person's successor in
  13-17  interest in the lease in connection with which the confidential
  13-18  material was filed, consents in writing to its release.  A party
  13-19  consenting to the disclosure of confidential material may restrict
  13-20  the manner of disclosure and the person or persons to whom the
  13-21  disclosure may be made.
  13-22        (h)  Notwithstanding the confidential nature of the material
  13-23  described in this section, the material may be used by the General
  13-24  Land Office in the enforcement, by administrative proceeding or
  13-25  litigation, of the laws governing the sale and lease of public
  13-26  lands and minerals, the regulations of the land office, the school
  13-27  land board, or of any board for lease, or the terms of any lease,
   14-1  pooling or unitization agreement, or any other agreement or grant.
   14-2        (i)  An administrative hearings officer may order that
   14-3  confidential material introduced in an administrative proceeding
   14-4  remain confidential until the proceeding is finally concluded, or
   14-5  for the period provided in Subsection (d), whichever is later.
   14-6        (j)  Confidential material examined by an administrative
   14-7  hearings officer during the course of an administrative proceeding
   14-8  for the purpose of determining its admissibility as evidence shall
   14-9  not be considered to have been filed in the General Land Office to
  14-10  the extent that the confidential material is not introduced into
  14-11  evidence at the proceeding.
  14-12        (k)  This section does not prevent a person from asserting
  14-13  that any confidential material is exempt from disclosure as a trade
  14-14  secret or commercial information under Section 552.110 or under any
  14-15  other basis permitted by law.
  14-16        SECTION 9.  Section 552.117, Government Code, is amended to
  14-17  read as follows:
  14-18        Sec. 552.117.  EXCEPTION:  CERTAIN ADDRESSES, TELEPHONE
  14-19  NUMBERS, <AND> SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY
  14-20  INFORMATION.  Information is excepted from the requirements of
  14-21  Section 552.021 if it is information that relates <relating> to<:>
  14-22              <(1)>  the home address, <or> home telephone number, or
  14-23  social security number, or that reveals whether the following
  14-24  person has family members <of>:
  14-25              (1) <(A)>  a current or former official or employee of
  14-26  a governmental body, except as otherwise provided by Section
  14-27  552.024; or
   15-1              (2) <(B)>  a peace officer as defined by Article 2.12,
   15-2  Code of Criminal Procedure, or a security officer commissioned
   15-3  under Section 51.212, Education Code <; or>
   15-4              <(2)  the home address, home telephone number, or
   15-5  social security number of an employee of the Texas Department of
   15-6  Criminal Justice, or the home or employment address or telephone
   15-7  number, name, or social security number of a family member of the
   15-8  employee>.
   15-9        SECTION 10.  Section 552.122, Government Code, is amended to
  15-10  conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
  15-11  Regular Session, 1993, to read as follows:
  15-12        Sec. 552.122.  EXCEPTION:  <CURRICULUM OBJECTIVES AND> TEST
  15-13  ITEMS.  (a)  A <curriculum objective or> test item developed by an
  15-14  educational institution that is funded wholly or in part by state
  15-15  revenue is excepted from the requirements of Section 552.021.
  15-16        (b)  A test item developed by a licensing agency or
  15-17  governmental body is excepted from the requirements of Section
  15-18  552.021.
  15-19        SECTION 11.  Subchapter C, Chapter 552, Government Code, is
  15-20  amended to conform to Section 1, Chapter 98, Acts of the 73rd
  15-21  Legislature, Regular Session, 1993, by adding Section 552.124 to
  15-22  read as follows:
  15-23        Sec. 552.124.  EXCEPTION:  RECORDS OF LIBRARY OR LIBRARY
  15-24  SYSTEM.  (a)  A record of a library or library system, supported in
  15-25  whole or in part by public funds, that identifies or serves to
  15-26  identify a person who requested, obtained, or used a library
  15-27  material or service is excepted from the requirements of Section
   16-1  552.021 unless the record is disclosed:
   16-2              (1)  because the library or library system determines
   16-3  that disclosure is reasonably necessary for the operation of the
   16-4  library or library system and the record is not confidential under
   16-5  other state or federal law;
   16-6              (2)  under Section 552.023; or
   16-7              (3)  to a law enforcement agency or a prosecutor under
   16-8  a court order or subpoena obtained after a showing to a district
   16-9  court that:
  16-10                    (A)  disclosure of the record is necessary to
  16-11  protect the public safety; or
  16-12                    (B)  the record is evidence of an offense or
  16-13  constitutes evidence that a particular person committed an offense.
  16-14        (b)  A record of a library or library system that is excepted
  16-15  from required disclosure under this section is confidential.
  16-16        SECTION 12.  Subchapter B, Chapter 552, Government Code, is
  16-17  amended by adding Section 552.027 to read as follows:
  16-18        Sec. 552.027.  EXCEPTION:  INFORMATION AVAILABLE
  16-19  COMMERCIALLY; RESOURCE MATERIAL.  (a)  A governmental body is not
  16-20  required under this chapter to allow the inspection of or to
  16-21  provide a copy of information in a commercial book or publication
  16-22  purchased or acquired by the governmental body for research
  16-23  purposes if the book or publication is commercially available to
  16-24  the public.
  16-25        (b)  Although information in a book or publication may be
  16-26  made available to the public as a resource material, such as a
  16-27  library book, a governmental body is not required to make a copy of
   17-1  the information in response to a request for public information.
   17-2        (c)  A governmental body shall allow the inspection of
   17-3  information in a book or publication that is made part of,
   17-4  incorporated into, or referred to in a rule or policy of a
   17-5  governmental body.
   17-6        SECTION 13.  The subchapter heading to Subchapter D, Chapter
   17-7  552, Government Code, is  amended to read as follows:
   17-8        SUBCHAPTER D.  OFFICER FOR PUBLIC INFORMATION <RECORDS>
   17-9        SECTION 14.  Subchapter D, Chapter 552, Government Code, is
  17-10  amended by amending Sections 552.201, 552.202, and 552.203 and by
  17-11  adding Section 552.204 to read as follows:
  17-12        Sec. 552.201.  IDENTITY OF OFFICER FOR PUBLIC INFORMATION
  17-13  <RECORDS>.  (a)  The chief administrative officer of a governmental
  17-14  body is the officer for public information <records>, except as
  17-15  provided by Subsection (b).
  17-16        (b)  Each elected county officer is the officer for public
  17-17  information <records> and the custodian, as defined by Section
  17-18  201.003, Local Government Code, of the information <records>
  17-19  created or received by that county officer's office.
  17-20        Sec. 552.202.  Department Heads.  Each department head is an
  17-21  agent of the officer for public information <records> for the
  17-22  purposes of complying with this chapter.
  17-23        Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC
  17-24  INFORMATION <RECORDS>.  Each officer for public information
  17-25  <records>, subject to penalties provided in this chapter, shall:
  17-26              (1)  make public information <records> available for
  17-27  public inspection and copying;
   18-1              (2)  carefully protect public information <records>
   18-2  from deterioration, alteration, mutilation, loss, or unlawful
   18-3  removal; and
   18-4              (3)  repair, renovate, or rebind public information
   18-5  <records> as necessary to maintain it <them> properly.
   18-6        Sec. 552.204.  SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
   18-7  INFORMATION.  An officer for public information is responsible for
   18-8  the release of public information as required by this chapter.  The
   18-9  officer is not responsible for:
  18-10              (1)  the use made of the information by the requestor;
  18-11  or
  18-12              (2)  the release of information after it is removed
  18-13  from a record as a result of an update, a correction, or a change
  18-14  of status of the person to whom the information pertains.
  18-15        SECTION 15.  Subchapter E, Chapter 552, Government Code, is
  18-16  amended by amending Sections 552.221, 552.222, 552.223, 552.224,
  18-17  552.225, 552.226, 552.227, 552.228, and 552.230 and by adding
  18-18  Section 552.231 to read as follows:
  18-19        Sec. 552.221.  Application for Public Information; Production
  18-20  of Public Information.  (a)  An officer for public information
  18-21  <records> of a governmental body shall promptly produce public
  18-22  information for inspection, duplication, or both<, in the offices
  18-23  of the governmental body> on application by any person to the
  18-24  officer.
  18-25        (b)  An officer for public information complies with
  18-26  Subsection (a) by:
  18-27              (1)  providing the public information for inspection or
   19-1  duplication in the offices of the governmental body; or
   19-2              (2)  sending copies of the public information by first
   19-3  class United States mail if the person requesting the information
   19-4  requests that copies be provided by mail and agrees to pay the
   19-5  postage.
   19-6        (c)  If the requested information is unavailable at the time
   19-7  of the request to examine because it is in active use or in
   19-8  storage, the officer for public information <records> shall certify
   19-9  this fact in writing to the requestor <applicant> and set a date
  19-10  and hour within a reasonable time when the information <record>
  19-11  will be available for inspection or duplication.
  19-12        (d)  If an officer for public information cannot produce
  19-13  public information for inspection or duplication within 10 calendar
  19-14  days after the date the information is requested under Subsection
  19-15  (a), the officer shall certify that fact in writing to the
  19-16  requestor and set a date and hour within a reasonable time when the
  19-17  information will be available for inspection or duplication.
  19-18        Sec. 552.222.  PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO
  19-19  REQUESTOR <OF PERSON APPLYING FOR INSPECTION OF RECORDS>.  (a) The
  19-20  officer for public information <records> and the officer's agent
  19-21  may not make an inquiry of a requestor <person who applies for
  19-22  inspection or copying of a public record> except to establish
  19-23  proper identification or except as provided by Subsection (b).
  19-24        (b)  If what information is requested is unclear to the
  19-25  governmental body, the governmental body may ask the requestor to
  19-26  clarify the request.  If a large amount of information has been
  19-27  requested, the governmental body may discuss with the requestor how
   20-1  the scope of a request might be narrowed, but the governmental body
   20-2  may not inquire into the purpose for which information will be used
   20-3  <and the public records requested>.
   20-4        Sec. 552.223.  Uniform Treatment of Requests for Information.
   20-5  The officer for public information <records> or the officer's agent
   20-6  shall treat all requests for information uniformly without regard
   20-7  to the position or occupation of the requestor <person making the
   20-8  request>, the person on whose behalf the request is made, or the
   20-9  status of the individual as a member of the media.
  20-10        Sec. 552.224.  Comfort and Facility.  The officer for public
  20-11  information <records> or the officer's agent shall give to a
  20-12  requestor <person requesting public records> all reasonable comfort
  20-13  and facility for the full exercise of the right granted by this
  20-14  chapter.
  20-15        Sec. 552.225.  Time for Examination.  (a)  A requestor
  20-16  <person requesting public information> must complete the
  20-17  examination of the information not later than the 10th day after
  20-18  the date the custodian of the information makes it available to the
  20-19  person.
  20-20        (b)  The officer for public information <records> shall
  20-21  extend the initial examination period by an additional 10 days if,
  20-22  within the initial period, the requestor <person requesting the
  20-23  information> files with the officer for public information
  20-24  <records> a written request for additional time.  The officer for
  20-25  public information <records> shall extend an additional examination
  20-26  period by another 10 days if, within the additional period, the
  20-27  requestor <person requesting the information> files with the
   21-1  officer for public information <records> a written request for more
   21-2  additional time.
   21-3        (c)  The time during which a person may examine information
   21-4  may be interrupted by the officer for public information <records>
   21-5  if the information is needed for use by the governmental body.  The
   21-6  period of interruption is not considered to be a part of the time
   21-7  during which the person may examine the information.
   21-8        Sec. 552.226.  Removal of Original Record.  This chapter does
   21-9  not authorize a requestor <person> to remove an original copy of a
  21-10  public record from the office of a governmental body.
  21-11        Sec. 552.227.  Research of State Library Holdings Not
  21-12  Required.  An officer for public information <records> or the
  21-13  officer's agent is not required to perform general research within
  21-14  the reference and research archives and holdings of state
  21-15  libraries.
  21-16        Sec. 552.228.  PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
  21-17  <RECORD> WITHIN REASONABLE TIME.  (a)  It shall be a policy of a
  21-18  governmental body to provide a suitable copy of <a> public
  21-19  information <record> within a reasonable time after the date on
  21-20  which the copy is requested.
  21-21        (b)  If public information exists in an electronic or
  21-22  magnetic medium, the requestor may request a copy either on paper
  21-23  or in an electronic medium, such as on diskette or on magnetic
  21-24  tape.  A governmental body shall provide a copy in the requested
  21-25  medium if:
  21-26              (1)  the governmental body has the technological
  21-27  ability to produce a copy of the requested information in the
   22-1  requested medium;
   22-2              (2)  the governmental body is not required to purchase
   22-3  any software or hardware to accommodate the request; and
   22-4              (3)  provision of a copy of the information in the
   22-5  requested medium will not violate the terms of any copyright
   22-6  agreement between the governmental body and a third party.
   22-7        (c)  If a governmental body is unable to comply with a
   22-8  request to produce a copy of information in a requested medium for
   22-9  any of the reasons described by this section, the governmental body
  22-10  shall provide a paper copy of the requested information or a copy
  22-11  in another medium that is acceptable to the requestor.  A
  22-12  governmental body is not required to copy information onto a
  22-13  diskette or other material provided by the requestor but may use
  22-14  its own supplies.
  22-15        Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
  22-16  INFORMATION <RECORDS>.  A governmental body may promulgate
  22-17  reasonable rules of procedure under which public information
  22-18  <records> may be inspected efficiently, safely, and without delay.
  22-19        Sec. 552.231.  RESPONDING TO REQUESTS FOR INFORMATION THAT
  22-20  REQUIRE PROGRAMMING OR MANIPULATION OF DATA.  (a)  A governmental
  22-21  body shall provide to a requestor the written statement described
  22-22  by Subsection (b) if the governmental body determines:
  22-23              (1)  that responding to a request for public
  22-24  information will require programming or manipulation of data; and
  22-25              (2)  that:
  22-26                    (A)  compliance with the request is not feasible
  22-27  or will result in substantial interference with its ongoing
   23-1  operations; or
   23-2                    (B)  the information could be made available in
   23-3  the requested form only at a cost that covers the programming and
   23-4  manipulation of data.
   23-5        (b)  The written statement must include:
   23-6              (1)  a statement that the information is not available
   23-7  in the requested form;
   23-8              (2)  a description of the form in which the information
   23-9  is available;
  23-10              (3)  a description of any contract or services that
  23-11  would be required to provide the information in the requested form;
  23-12              (4)  a statement of the estimated cost of providing the
  23-13  information in the requested form, as determined in accordance with
  23-14  the rules established by the General Services Commission under
  23-15  Section 552.262; and
  23-16              (5)  a statement of the anticipated time required to
  23-17  provide the information in the requested form.
  23-18        (c)  The governmental body shall provide the written
  23-19  statement to the requestor within 20 days after the date of the
  23-20  governmental body's receipt of the request.  The governmental body
  23-21  has an additional 10 days to provide the statement if the
  23-22  governmental body gives written notice to the requestor, within 20
  23-23  days after the date of receipt of the request, that the additional
  23-24  time is needed.
  23-25        (d)  On providing the written statement to the requestor as
  23-26  required by this section, the governmental body does not have any
  23-27  further obligation to provide the information in the requested form
   24-1  or in the form in which it is available until the requestor states
   24-2  in writing to the governmental body that the requestor:
   24-3              (1)  wants the governmental body to provide the
   24-4  information in the requested form according to the cost and time
   24-5  parameters set out in the statement or according to other terms to
   24-6  which the requestor and the governmental body agree; or
   24-7              (2)  wants the information in the form in which it is
   24-8  available.
   24-9        (e)  The officer for public information of a governmental
  24-10  body shall establish policies that assure the expeditious and
  24-11  accurate processing of requests for information that require
  24-12  programming or manipulation of data.  A governmental body shall
  24-13  maintain a file containing all written statements issued under this
  24-14  section in a readily accessible location.
  24-15        SECTION 16.  Section 552.261, Government Code, is amended to
  24-16  read as follows:
  24-17        Sec. 552.261.  Determining Cost of Copies.  <(a)  A
  24-18  governmental body may not charge an excessive amount for
  24-19  noncertified, photographic reproductions of public records
  24-20  comprised of pages that are legal size or smaller.>
  24-21        <(b)>  The cost of obtaining a copy of public information
  24-22  <standard or legal size photographic reproduction> shall be an
  24-23  amount that reasonably includes all costs related to reproducing
  24-24  the public information <record>, including costs of materials,
  24-25  labor, and overhead.  If a<, unless the> request is for 50 or fewer
  24-26  pages of paper records, the charge for the public information may
  24-27  not include costs of materials, labor, or overhead, but shall be
   25-1  limited to the photocopying costs, unless the pages to be copied
   25-2  are located in:
   25-3              (1)  more than one building; or
   25-4              (2)  a remote storage facility <readily available
   25-5  information>.
   25-6        <(c)  The General Services Commission shall periodically
   25-7  determine guidelines for the actual cost of standard size
   25-8  reproductions and shall periodically publish these cost figures for
   25-9  use by governmental bodies in determining charges under this
  25-10  subchapter.>
  25-11        SECTION 17.  Subchapter F, Chapter 552, Government Code, is
  25-12  amended by amending Sections 552.262, 552.263, 552.264, 552.266,
  25-13  552.267, 552.268, and 552.269 and by adding Sections 552.270,
  25-14  552.271, 552.272, and 552.273 to read as follows:
  25-15        Sec. 552.262.  RULES OF THE GENERAL SERVICES COMMISSION <COST
  25-16  FOR NONSTANDARD RECORDS>.  (a)  The General Services Commission
  25-17  shall adopt rules for use by each governmental body in determining
  25-18  charges under this subchapter.  The rules adopted by the General
  25-19  Services Commission shall be used by each governmental body in
  25-20  determining charges for copies of public information, except to the
  25-21  extent that other law provides for charges for specific kinds of
  25-22  public information.  The charges for public information may not be
  25-23  excessive and may not exceed the actual cost of producing the
  25-24  information.  A governmental body, other than an agency of state
  25-25  government, may determine its own charges for producing public
  25-26  information but shall not charge more than a 25 percent variance
  25-27  from the rules established by the General Services Commission
   26-1  unless the governmental body requests an exemption under Subsection
   26-2  (c).
   26-3        (b)  The rules of the General Services Commission shall
   26-4  prescribe the methods for computing the charges for copies of
   26-5  public information in paper, electronic, and other kinds of media.
   26-6  The rules shall establish costs for various components of charges
   26-7  for public information that shall be used by each governmental body
   26-8  in providing copies of public information.
   26-9        (c)  A governmental body may request that it be exempt from
  26-10  part or all of the rules adopted by the General Services Commission
  26-11  for determining charges for public information.  The request must
  26-12  be made in writing to the General Services Commission and must
  26-13  state the reason for the exemption.  If the General Services
  26-14  Commission determines that good cause exists for exempting a
  26-15  governmental body from a part or all of the rules, the commission
  26-16  shall give written notice of the determination to the governmental
  26-17  body within 90 days of the request.  On receipt of the
  26-18  determination, the governmental body may amend its charges for
  26-19  public information according to the determination of the General
  26-20  Services Commission.
  26-21        (d)  The General Services Commission shall publish annually
  26-22  in the Texas Register a list of the governmental bodies that have
  26-23  authorization from the General Services Commission to adopt any
  26-24  modified rules for determining the cost of public information.
  26-25        (e)  The rules of the General Services Commission do not
  26-26  apply to a state governmental body that is not a state agency for
  26-27  purposes of Subtitle D, Title 10.  <The charge for access to public
   27-1  records that are comprised in a form other than standard or smaller
   27-2  sized pages or that are in computer record banks, microfilm
   27-3  records, or other similar record keeping systems shall be set:>
   27-4              <(1)  making every effort to match the charge with the
   27-5  actual cost of providing the record;>
   27-6              <(2)  after consultation between a governmental body's
   27-7  officer for public records and the General Services Commission; and>
   27-8              <(3)  in an amount that reasonably includes all costs
   27-9  related to providing the record, including costs of materials,
  27-10  labor, and overhead.>
  27-11        Sec. 552.263.  BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
  27-12  FOR PREPARATION OF PUBLIC INFORMATION <RECORDS>.  An officer for
  27-13  public information <records> or the officer's agent may require a
  27-14  deposit or bond for payment of <costs or cash prepayment of>
  27-15  anticipated costs for the preparation of a copy of public
  27-16  information <record> if the charge for <preparation of> the copy is
  27-17  estimated by the governmental body to exceed $100 <record would be
  27-18  unduly costly and its reproduction would cause undue hardship to
  27-19  the department or agency if the costs were not paid>.
  27-20        Sec. 552.264.  COPY OF PUBLIC INFORMATION <RECORD> REQUESTED
  27-21  BY MEMBER OF LEGISLATURE.  One copy of <a> public information
  27-22  <record> that is requested from a state agency by a member of the
  27-23  legislature in the performance of the member's duties shall be
  27-24  provided without charge.
  27-25        Sec. 552.266.  COPY OF PUBLIC INFORMATION <RECORD> PROVIDED
  27-26  BY MUNICIPAL COURT CLERK.  The charge for a copy made by a
  27-27  municipal court clerk shall be the charge provided by municipal
   28-1  ordinance.
   28-2        Sec. 552.267.  WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
   28-3  INFORMATION <RECORD>.  (a)  A governmental body shall furnish a
   28-4  copy of public information <records> without charge or at a reduced
   28-5  charge if the governmental body determines that waiver or reduction
   28-6  of the fee is in the public interest because furnishing the
   28-7  information primarily benefits the general public.
   28-8        (b)  If the cost to a governmental body of processing the
   28-9  collection of a charge for a copy of public information will exceed
  28-10  the amount of the charge, the governmental body may waive the
  28-11  charge.
  28-12        Sec. 552.268.  Efficient Use of Public Resources <RECORDS>.
  28-13  A governmental body shall make reasonably efficient use of supplies
  28-14  and other resources <each page of a public record> to avoid
  28-15  excessive reproduction costs.
  28-16        Sec. 552.269.  Overcharge or <RECOVERY OF> OVERPAYMENT FOR
  28-17  PUBLIC INFORMATION <RECORD>.  (a)  A person who believes the person
  28-18  has been overcharged for a copy of public information may complain
  28-19  to the General Services Commission in writing of the alleged
  28-20  overcharge, setting forth the reasons why the person believes the
  28-21  charges are excessive.  The General Services Commission shall
  28-22  review the complaint and make a determination in writing as to the
  28-23  appropriate charge for the requested information.  The governmental
  28-24  body shall respond to the General Services Commission to any
  28-25  written questions asked of the governmental body by the commission
  28-26  regarding the charges made for the public information.  The
  28-27  response must be made to the General Services Commission within 10
   29-1  days after the date the questions are received by the governmental
   29-2  body.  If the General Services Commission determines that a
   29-3  governmental body has overcharged for requested public information,
   29-4  the governmental body shall promptly adjust its charges in
   29-5  accordance with the determination of the General Services
   29-6  Commission.
   29-7        (b)  A person who overpays for a copy of <a> public
   29-8  information <record> because a governmental body refuses or fails
   29-9  to follow the rules for charges adopted by the General Services
  29-10  Commission <provide the copy at the actual cost of reproducing the
  29-11  record as provided by Sections 552.261 and 552.262> is entitled to
  29-12  recover three times the amount of the overcharge if the
  29-13  governmental body did not act in good faith in computing the costs.
  29-14        Sec. 552.270.  COST OF GOVERNMENT PUBLICATION.  (a)  The cost
  29-15  provisions of this subchapter do not apply to a publication that is
  29-16  compiled and printed by or for a governmental body for public
  29-17  dissemination.  If the cost of the publication is not determined by
  29-18  state law, a governmental body may determine the charge to be made
  29-19  for the publication.
  29-20        (b)  This section does not prohibit a governmental body from
  29-21  providing a publication free of charge if state law does not
  29-22  require that a certain charge be made.
  29-23        Sec. 552.271.  INSPECTION OF PAPER RECORD IF COPY NOT
  29-24  REQUESTED.  A charge may not be imposed for making available for
  29-25  inspection any public information that exists in a paper record,
  29-26  except that if a requested page contains confidential information
  29-27  that must be edited from the record before the information can be
   30-1  made available, the governmental body may charge for the cost of
   30-2  making a copy of the page from which information must be edited.
   30-3  No charge other than the cost of the copy may be imposed.
   30-4        Sec. 552.272.  INSPECTION OF ELECTRONIC RECORD IF COPY NOT
   30-5  REQUESTED.  (a)  In response to a request to inspect information
   30-6  that exists in an electronic medium and that is not available
   30-7  directly on-line to the requestor, a charge may not be imposed for
   30-8  access to the information, unless complying with the request will
   30-9  require programming or manipulation of data.  If programming or
  30-10  manipulation of data is required, the governmental body shall
  30-11  notify the requestor before assembling the information and provide
  30-12  the requestor with an estimate of charges that will be imposed to
  30-13  make the information available.  A charge under this section must
  30-14  be assessed in accordance with this subchapter.
  30-15        (b)  If public information exists in an electronic form on a
  30-16  computer owned or leased by a governmental body and if the public
  30-17  has direct access to that computer through a computer network or
  30-18  other means, the electronic form of the information may be
  30-19  electronically copied from that computer without charge if
  30-20  accessing the information does not require processing, programming,
  30-21  or manipulation on the government-owned or government-leased
  30-22  computer before the information is copied.
  30-23        (c)  If public information exists in an electronic form on a
  30-24  computer owned or leased by a governmental body and if the public
  30-25  has direct access to that computer through a computer network or
  30-26  other means and the information requires processing, programming,
  30-27  or manipulation before it can be electronically copied, a
   31-1  governmental body may impose charges in accordance with this
   31-2  subchapter.
   31-3        (d)  If information is created or kept in an electronic form,
   31-4  a governmental body is encouraged to explore options to separate
   31-5  out confidential information and to make public information
   31-6  available to the public through electronic access through a
   31-7  computer network or by other means.
   31-8        Sec. 552.273.  INTERIM CHARGES FOR GEOGRAPHIC INFORMATION
   31-9  SYSTEMS DATA.  (a)  A municipality that does not collect records
  31-10  preservation funds may provide access to geographic information
  31-11  systems (GIS) data at low cost or no cost to requestors.  A means
  31-12  by which the municipality may provide access to the information at
  31-13  low or no cost may include public access terminals, dial-up
  31-14  services, or any similar type of access.
  31-15        (b)  If a municipality provides access as provided by
  31-16  Subsection (a), the municipality may set charges for providing
  31-17  copies of the GIS database.  The factors considered in setting the
  31-18  charges may include data collection costs, system operation costs,
  31-19  and an estimation of the value of the information on the commercial
  31-20  market.
  31-21        (c)  The General Services Commission shall conduct a study to
  31-22  determine reasonable charges for geographic information systems
  31-23  data.  The study shall be completed not later than September 30,
  31-24  1996, with full participation of parties, including:
  31-25              (1)  the Geographic Information Systems Planning
  31-26  Council;
  31-27              (2)  representatives of county and municipal
   32-1  governments; and
   32-2              (3)  other interested parties.
   32-3        (d)  This section expires August 31, 1997.
   32-4        SECTION 18.  Section 552.301, Government Code, is amended to
   32-5  read as follows:
   32-6        Sec. 552.301.  Request for Attorney General Decision.  (a)  A
   32-7  governmental body that receives a written request for information
   32-8  that it wishes to withhold from public disclosure and that it
   32-9  considers to be within one of the exceptions under Subchapter C
  32-10  must ask for a decision from the attorney general about whether the
  32-11  information is within that exception if there has not been a
  32-12  previous determination about whether the information falls within
  32-13  one of the exceptions.  The governmental body must ask for the
  32-14  attorney general's decision and state the exceptions that apply
  32-15  within a reasonable time but not later than the 10th calendar day
  32-16  after the date of receiving the written request.
  32-17        (b)  A governmental body that requests an attorney general
  32-18  decision under Subsection (a) <wishes to withhold information> must
  32-19  within a reasonable time but not later than the 15th calendar day
  32-20  after the date of receiving the written request:
  32-21              (1)  submit to the attorney general written comments
  32-22  stating the reasons why the stated exceptions apply that would
  32-23  allow the information to <should> be withheld;
  32-24              (2)  submit to the attorney general a copy of the
  32-25  written request for information;
  32-26              (3)  submit to the attorney general a copy of the
  32-27  specific information requested, or submit representative samples of
   33-1  the information if a voluminous amount of information was
   33-2  requested; and
   33-3              (4)  label that copy of the specific information, or of
   33-4  the  representative samples, to indicate which exceptions apply to
   33-5  which parts of the copy.
   33-6        SECTION 19.  Section 552.303, Government Code, is amended to
   33-7  read as follows:
   33-8        Sec. 552.303.  Delivery of Requested Information to Attorney
   33-9  General; Disclosure of Requested Information; Attorney General
  33-10  Request for Submission of Additional Information.  (a)  A
  33-11  governmental body that requests an attorney general decision under
  33-12  this subchapter shall supply to the attorney general, in accordance
  33-13  with Section 552.301, the specific information requested.  The
  33-14  governmental body may <and shall> not disclose the information to
  33-15  the public or to the requestor <party requesting the information>
  33-16  until the attorney general makes a final determination that the
  33-17  information is public or, if suit is filed under this chapter,
  33-18  until a final determination that the information is public
  33-19  <decision> has been made by the court with jurisdiction over the
  33-20  suit, except as otherwise provided by Section 552.322.
  33-21        (b)  The attorney general may determine whether a
  33-22  governmental body's submission of information is sufficient to
  33-23  render a decision.
  33-24        (c)  If the governmental body failed to supply to the
  33-25  attorney general all of the specific information that is necessary
  33-26  to render a decision, the attorney general shall give written
  33-27  notice of that fact to the governmental body and the requestor.
   34-1        (d)  A governmental body notified under Subsection (c) shall
   34-2  submit the necessary additional information to the attorney general
   34-3  not later than the seventh calendar day after the date the notice
   34-4  is received.
   34-5        (e)  If a governmental body does not comply with Subsection
   34-6  (d), the information that is the subject of a person's request to
   34-7  the governmental body and regarding which the governmental body
   34-8  fails to comply with Subsection (d) is presumed to be public
   34-9  information.
  34-10        SECTION 20.  Section 552.304, Government Code, is amended to
  34-11  read as follows:
  34-12        Sec. 552.304.  SUBMISSION OF PUBLIC COMMENTS.  A person
  34-13  <member of the public> may submit written comments stating reasons
  34-14  why the information at issue in a request for an attorney general
  34-15  decision should or should not be released.
  34-16        SECTION 21.  Section 552.305(a), Government Code, is amended
  34-17  to read as follows:
  34-18        (a)  In a case in which information is requested under this
  34-19  chapter and a person's <third party's> privacy or property
  34-20  interests may be involved, including a case under Section 552.101,
  34-21  552.104, 552.110, or 552.114, a governmental body may decline to
  34-22  release the information for the purpose of requesting an attorney
  34-23  general decision.
  34-24        SECTION 22.  Section 552.306, Government Code, is amended to
  34-25  read as follows:
  34-26        Sec. 552.306.  RENDITION OF ATTORNEY GENERAL DECISION;
  34-27  ISSUANCE OF WRITTEN OPINION.  (a)  The attorney general shall
   35-1  promptly render a decision requested under this subchapter,
   35-2  consistent with the standards of due process, determining whether
   35-3  the requested information is <a public record or is> within one of
   35-4  the exceptions of Subchapter C.  The attorney general shall render
   35-5  the decision not later than the 60th working day after the date the
   35-6  attorney general received the request for a decision.  If the
   35-7  attorney general is unable to issue the decision within the 60-day
   35-8  period, the attorney general may extend the period for issuing the
   35-9  decision by an additional 20 working days by informing the
  35-10  governmental body and the requestor, during the original 60-day
  35-11  period, of the reason for the delay.
  35-12        (b)  The attorney general shall issue a written opinion of
  35-13  the determination and shall provide a copy of the opinion to the
  35-14  requestor.
  35-15        SECTION 23.  Subchapter G, Chapter 552, Government Code, is
  35-16  amended by adding Section 552.308 to read as follows:
  35-17        Sec. 552.308.  TIMELINESS OF ACTION BY MAIL.  When this
  35-18  subchapter requires a request, notice, or other document to be
  35-19  submitted or otherwise given to a person within a specified period,
  35-20  the requirement is met in a timely fashion if the document is sent
  35-21  to the person by first class United States mail properly addressed
  35-22  with postage prepaid and:
  35-23              (1)  it bears a post office cancellation mark
  35-24  indicating a time within the period; or
  35-25              (2)  the person required to submit or otherwise give
  35-26  the document furnishes satisfactory proof that it was deposited in
  35-27  the mail within the period.
   36-1        SECTION 24.  Subchapter H, Chapter 552, Government Code, is
   36-2  amended by amending Section 552.321 and by adding Sections 552.324
   36-3  and 552.325 to read as follows:
   36-4        Sec. 552.321.  Suit for Writ of Mandamus.  A requestor
   36-5  <person requesting information> or the attorney general may file
   36-6  suit for a writ of mandamus compelling a governmental body to make
   36-7  information available for public inspection if the governmental
   36-8  body refuses to request an attorney general's decision as provided
   36-9  by Subchapter G or refuses to supply public information or
  36-10  information that the attorney general has determined is <a> public
  36-11  information <record>.
  36-12        Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  The only suit a
  36-13  governmental body or officer for public information may file
  36-14  seeking to withhold information from a requestor is a suit that is
  36-15  filed in accordance with Sections 552.325 and 552.353 and that
  36-16  challenges a decision by the attorney general issued under
  36-17  Subchapter G.
  36-18        Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD
  36-19  INFORMATION.  (a)  A governmental body, officer for public
  36-20  information, or other person or entity that files a suit seeking to
  36-21  withhold information from a requestor may not file suit against the
  36-22  person requesting the information.  The requestor is entitled to
  36-23  intervene in the suit.
  36-24        (b)  The governmental body, officer for public information,
  36-25  or other person or entity that files the suit shall demonstrate to
  36-26  the court that the governmental body, officer for public
  36-27  information, or other person or entity made a timely good faith
   37-1  effort to inform the requestor, by certified mail or by another
   37-2  written method of notice that requires the return of a receipt, of:
   37-3              (1)  the existence of the suit, including the subject
   37-4  matter and cause number of the suit and the court in which the suit
   37-5  is filed;
   37-6              (2)  the requestor's right to intervene in the suit or
   37-7  to choose to not participate in the suit;
   37-8              (3)  the fact that the suit is against the attorney
   37-9  general; and
  37-10              (4)  the address and phone number of the office of the
  37-11  attorney general.
  37-12        (c)  If the attorney general enters into a proposed
  37-13  settlement that all or part of the information that is the subject
  37-14  of the suit should be withheld, the attorney general shall notify
  37-15  the requestor of that decision and, if the requestor has not
  37-16  intervened in the suit, of the requestor's right to intervene to
  37-17  contest the withholding.  The attorney general shall notify the
  37-18  requestor:
  37-19              (1)  in the manner required by the Texas Rules of Civil
  37-20  Procedure, if the requestor has intervened in the suit; or
  37-21              (2)  by certified mail or by another written method of
  37-22  notice that requires the return of a receipt, if the requestor has
  37-23  not intervened in the suit.
  37-24        (d)  The court shall allow the requestor a reasonable period
  37-25  to intervene after the attorney general attempts to give notice
  37-26  under Subsection (c)(2).
  37-27        SECTION 25.  Sections 552.351 and 552.353, Government Code,
   38-1  are amended to read as follows:
   38-2        Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
   38-3  INFORMATION <RECORD>.  (a)  A person commits an offense if the
   38-4  person wilfully destroys, mutilates, removes without permission as
   38-5  provided by this chapter, or alters <a> public information
   38-6  <record>.
   38-7        (b)  An offense under this section is a misdemeanor
   38-8  punishable by:
   38-9              (1)  a fine of not less than $25 or more than $4,000;
  38-10              (2)  confinement in the county jail for not less than
  38-11  three days or more than three months; or
  38-12              (3)  both the fine and confinement.
  38-13        Sec. 552.353.  Failure or Refusal of Officer for Public
  38-14  Information <Records> to Provide Access to or Copying of Public
  38-15  Information <RECORD>.  (a)  An officer for public information
  38-16  <records>, or the officer's agent, commits an offense if, with
  38-17  criminal negligence, the officer or the officer's agent fails or
  38-18  refuses to give access to, or to permit or provide copying of,
  38-19  public information <records> to a requestor <person on request> as
  38-20  provided by this chapter.
  38-21        (b)  It is an affirmative defense to prosecution under
  38-22  Subsection (a) that the officer for public information <records>
  38-23  reasonably believed that public access to the requested information
  38-24  <records> was not required and that the officer:
  38-25              (1)  acted in reasonable reliance on a court order or a
  38-26  written interpretation of this chapter contained in an opinion of a
  38-27  court of record or of the attorney general issued under Subchapter
   39-1  G;
   39-2              (2)  requested a decision from the attorney general in
   39-3  accordance with Subchapter G, and the decision is pending; or
   39-4              (3)  not later than the 10th calendar day after the
   39-5  date of receipt of a decision by the attorney general that the
   39-6  information is public, filed a petition for a declaratory judgment,
   39-7  a writ of mandamus, or both, against the attorney general in a
   39-8  Travis County district court seeking relief from compliance with
   39-9  the decision of the attorney general, and a petition is pending.
  39-10        (c)  It is an affirmative defense to prosecution under
  39-11  Subsection (a) that a person or entity has, not later than the 10th
  39-12  calendar day after the date of receipt by a governmental body of a
  39-13  decision by the attorney general that the information is public,
  39-14  filed a cause of action seeking relief from compliance with the
  39-15  decision of the attorney general, and the cause is pending.
  39-16        (d)  It is an affirmative defense to prosecution under
  39-17  Subsection (a) that the defendant is the agent of an officer for
  39-18  public information <records> and that the agent reasonably relied
  39-19  on the written instruction of the officer for public information
  39-20  <records> not to disclose the public information <records>
  39-21  requested.
  39-22        (e)  An offense under this section is a misdemeanor
  39-23  punishable by:
  39-24              (1)  a fine of not more than $1,000;
  39-25              (2)  confinement in the county jail for not more than
  39-26  six months; or
  39-27              (3)  both the fine and confinement.
   40-1        (f)  A violation under this section constitutes official
   40-2  misconduct.
   40-3        SECTION 26.  (a)  The changes in law made by this Act
   40-4  affecting the availability of information, the inspection of
   40-5  information, or the copying of information, including the costs for
   40-6  copying information, apply only to a request for information that
   40-7  is received by a governmental body on or after September 1, 1995.
   40-8  A request for information that is received by a governmental body
   40-9  before that date is governed by the law in effect at the time the
  40-10  request is made, and the former law is continued in effect for this
  40-11  purpose.
  40-12        (b)  Sections 552.324 and 552.325, Government Code, as added
  40-13  by this Act, relating to suits to withhold information from a
  40-14  requestor, apply only to a suit filed on or after September 1,
  40-15  1995.
  40-16        (c)  The change in law made by this Act to Section 552.306,
  40-17  Government Code, applies only to a request for an attorney general
  40-18  decision made under Section 552.301, Government Code, on or after
  40-19  January 1, 1996.
  40-20        SECTION 27.  The attorney general may not use additional
  40-21  general revenue to pay for implementing the changes in law made to
  40-22  Section 552.306, Government Code, by this Act or add additional
  40-23  employees to comply with the changes in law made to Section
  40-24  552.306, Government Code, by this Act.
  40-25        SECTION 28.  The following laws are repealed:
  40-26              (1)  Section 1, Chapter 98, Acts of the 73rd
  40-27  Legislature, 1993; and
   41-1              (2)  Section 8.30, Chapter 347, Acts of the 73rd
   41-2  Legislature, 1993.
   41-3        SECTION 29.  This Act takes effect September 1, 1995, except
   41-4  the following change in law takes effect January 1, 1996:  the
   41-5  change in law to Section 552.306, Government Code, made by this
   41-6  Act.
   41-7        SECTION 30.  The importance of this legislation and the
   41-8  crowded condition of the calendars in both houses create an
   41-9  emergency and an imperative public necessity that the
  41-10  constitutional rule requiring bills to be read on three several
  41-11  days in each house be suspended, and this rule is hereby suspended.