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.