1-1 By: Turner of Harris (Senate Sponsor - Wentworth) H.B. No.
1-2 1718
1-3 (In the Senate - Received from the House May 12, 1995;
1-4 May 17, 1995, read first time and referred to Committee on State
1-5 Affairs; May 25, 1995, reported favorably by the following vote:
1-6 Yeas 9, Nays 0; May 25, 1995, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the revision of the open records law.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The chapter heading to Chapter 552, Government
1-12 Code, is amended to read as follows:
1-13 CHAPTER 552. PUBLIC INFORMATION <OPEN RECORDS>
1-14 SECTION 2. Sections 552.002, 552.003, 552.004, 552.006,
1-15 552.007, and 552.021, Government Code, are amended to read as
1-16 follows:
1-17 Sec. 552.002. Definition of Public Information; Media
1-18 Containing Public Information <Record>. (a) In this chapter,
1-19 "public information" means information that is collected,
1-20 assembled, or maintained under a law or ordinance or in connection
1-21 with the transaction of official business:
1-22 (1) by a governmental body; or
1-23 (2) for a governmental body and the governmental body
1-24 owns the information or has a right of access to it.
1-25 (b) The media on which public information is recorded
1-26 include:
1-27 (1) paper;
1-28 (2) film;
1-29 (3) a magnetic, optical, or solid state device that
1-30 can store an electronic signal;
1-31 (4) tape;
1-32 (5) Mylar;
1-33 (6) linen;
1-34 (7) silk; and
1-35 (8) vellum.
1-36 (c) The general forms in which the media containing public
1-37 information exist include a book, paper, letter, document,
1-38 printout, photograph, film, tape, microfiche, microfilm, photostat,
1-39 sound recording, map, and drawing and a voice, data, or video
1-40 representation held in computer memory. <"Public record" means the
1-41 portion of a document, writing, letter, memorandum or other
1-42 written, printed, typed, copied, or developed material that
1-43 contains public information.>
1-44 Sec. 552.003. DEFINITIONS <DEFINITION OF GOVERNMENTAL BODY>.
1-45 <(a)> In this chapter:
1-46 (1) "Governmental<, "governmental> body":
1-47 (A) means:
1-48 (i) <(1)> a board, commission, department,
1-49 committee, institution, agency, or office that is within or is
1-50 created by the executive or legislative branch of state government
1-51 and that is directed by one or more elected or appointed members;
1-52 (ii) <(2)> a county commissioners court in
1-53 the state;
1-54 (iii) <(3)> a municipal governing body in
1-55 the state;
1-56 (iv) <(4)> a deliberative body that has
1-57 rulemaking or quasi-judicial power and that is classified as a
1-58 department, agency, or political subdivision of a county or
1-59 municipality;
1-60 (v) <(5)> a school district board of
1-61 trustees;
1-62 (vi) <(6)> a county board of school
1-63 trustees;
1-64 (vii) <(7)> a county board of education;
1-65 (viii) <(8)> the governing board of a
1-66 special district;
1-67 (ix) <(9)> the governing body of a
1-68 nonprofit corporation organized under Chapter 76, Acts of the 43rd
2-1 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
2-2 Texas Civil Statutes), that provides a water supply or wastewater
2-3 service, or both, and is exempt from ad valorem taxation under
2-4 Section 11.30, Tax Code; and
2-5 (x) <(10)> the part, section, or portion
2-6 of an organization, corporation, commission, committee,
2-7 institution, or agency that spends or that is supported in whole or
2-8 in part by public funds; and
2-9 (B)<. (b) In this chapter, "governmental body">
2-10 does not include the judiciary.
2-11 (2) "Manipulation" means the process of modifying,
2-12 reordering, or decoding of information with human intervention.
2-13 (3) "Processing" means the execution of a sequence of
2-14 coded instructions by a computer producing a result.
2-15 (4) "Programming" means the process of producing a
2-16 sequence of coded instructions that can be executed by a computer.
2-17 (5) "Public <(c) In this section, "public> funds"
2-18 means funds of the state or of a governmental subdivision of the
2-19 state.
2-20 (6) "Requestor" means a person who submits a request
2-21 to a governmental body for inspection or copies of public
2-22 information.
2-23 Sec. 552.004. Preservation of Information <Records>. A
2-24 governmental body or, for information <records> of an elective
2-25 county office, the elected county officer, may determine a time for
2-26 which information <records> that is <are> not currently in use will
2-27 be preserved, subject to any applicable rule or law <state laws>
2-28 governing the destruction and other disposition of state and local
2-29 government records or public information.
2-30 Sec. 552.006. Effect of Chapter on Withholding Public
2-31 Information. This chapter does not authorize the withholding of
2-32 public information or limit the availability of public information
2-33 <records> to the public, except as expressly provided by this
2-34 chapter.
2-35 Sec. 552.007. Voluntary Disclosure of Certain Information
2-36 <Records> When Disclosure not Required. (a) This chapter does not
2-37 prohibit a governmental body or its officer for public information
2-38 <records> from voluntarily making part or all of its information
2-39 <records> available to the public, unless the disclosure is
2-40 expressly prohibited by law or the information is <records are>
2-41 confidential under law.
2-42 (b) Public information <Records> made available under
2-43 Subsection (a) must be made available to any person.
2-44 Sec. 552.021. Availability of Public Information. <(a)
2-45 Information is public information if, under a law or ordinance or
2-46 in connection with the transaction of official business, it is
2-47 collected, assembled, or maintained:>
2-48 <(1) by a governmental body; or>
2-49 <(2) for a governmental body and the governmental body
2-50 owns the information or has a right of access to it.>
2-51 <(b)> Public information is available to the public at a
2-52 minimum during the normal business hours of the governmental body.
2-53 SECTION 3. Section 552.022, Government Code, is amended to
2-54 read as follows:
2-55 Sec. 552.022. Categories of Public Information; Examples.
2-56 Without limiting the amount or kind of information that is public
2-57 information under <meaning of other sections of> this chapter, the
2-58 following categories of information are public information:
2-59 (1) a completed report, audit, evaluation, or
2-60 investigation made of, for, or by a governmental body;
2-61 (2) the name, sex, ethnicity, salary, title, and dates
2-62 of employment of each employee and officer of a governmental body;
2-63 (3) information in an account, voucher, or contract
2-64 relating to the receipt or expenditure of public or other funds by
2-65 a governmental body, if the information is not otherwise made
2-66 confidential by law;
2-67 (4) the name of each official and the final record of
2-68 voting on all proceedings in a governmental body;
2-69 (5) all working papers, research material, and
2-70 information used to estimate the need for or expenditure of public
3-1 funds or taxes by a governmental body, on completion of the
3-2 estimate;
3-3 (6) the name, place of business, and the name of the
3-4 municipality to which local sales and use taxes are credited, if
3-5 any, for the named person, of a person reporting or paying sales
3-6 and use taxes under Chapter 151, Tax Code;
3-7 (7) a description of an agency's central and field
3-8 organization, including:
3-9 (A) the established places at which the public
3-10 may obtain information, submit information or requests, or obtain
3-11 decisions;
3-12 (B) the employees from whom the public may
3-13 obtain information, submit information or requests, or obtain
3-14 decisions;
3-15 (C) in the case of a uniformed service, the
3-16 members from whom the public may obtain information, submit
3-17 information or requests, or obtain decisions; and
3-18 (D) the methods by which the public may obtain
3-19 information, submit information or requests, or obtain decisions;
3-20 (8) a statement of the general course and method by
3-21 which an agency's functions are channeled and determined, including
3-22 the nature and requirements of all formal and informal policies and
3-23 procedures;
3-24 (9) a rule of procedure, a description of forms
3-25 available or the places at which forms may be obtained, and
3-26 instructions relating to the scope and content of all papers,
3-27 reports, or examinations;
3-28 (10) a substantive rule of general applicability
3-29 adopted or issued by an agency as authorized by law, and a
3-30 statement of general policy or interpretation of general
3-31 applicability formulated and adopted by an agency;
3-32 (11) each amendment, revision, or repeal of
3-33 information described by Subdivisions (7)-(10);
3-34 (12) final opinions, including concurring and
3-35 dissenting opinions, and orders issued in the adjudication of
3-36 cases;
3-37 (13) a policy statement or interpretation that has
3-38 been adopted or issued by an agency;
3-39 (14) administrative staff manuals and instructions to
3-40 staff that affect a member of the public; <and>
3-41 (15) information regarded as open to the public under
3-42 an agency's policies;
3-43 (16) information that is in a bill for attorney's fees
3-44 and that is not privileged under the attorney-client privilege or
3-45 confidential under other law;
3-46 (17) information that is also contained in a public
3-47 court record; and
3-48 (18) a settlement agreement to which a governmental
3-49 body is a party unless the agreement is confidential under other
3-50 law.
3-51 SECTION 4. Section 552.023(a), Government Code, is amended
3-52 to read as follows:
3-53 (a) A person or a person's authorized representative has a
3-54 special right of access, beyond the right of the general public, to
3-55 information <records and copies of records> held by a governmental
3-56 body that relates <contain information relating> to the person and
3-57 that is protected from public disclosure by laws intended to
3-58 protect that person's privacy interests.
3-59 SECTION 5. Sections 552.103, 552.107, and 552.108,
3-60 Government Code, are amended to read as follows:
3-61 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
3-62 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
3-63 Information is excepted from the requirements of Section 552.021 if
3-64 the attorney general or the attorney of the political subdivision
3-65 has determined that the information should be withheld from public
3-66 inspection, and it is information created:
3-67 (1) in anticipation of <relating to> litigation of a
3-68 civil or criminal nature <or settlement negotiations,> to which the
3-69 state or a political subdivision is or may be a party or to which
3-70 an officer or employee of the state or a political subdivision, as
4-1 a consequence of the person's office or employment, is or may be a
4-2 party; or <and>
4-3 (2) for the purpose of settlement negotiations to
4-4 which the state or a political subdivision is a party or to which
4-5 an officer or employee of the state or a political subdivision, as
4-6 a consequence of the person's office or employment, is a party
4-7 <that the attorney general or the attorney of the political
4-8 subdivision has determined should be withheld from public
4-9 inspection>.
4-10 (b) A determination by the attorney of the political
4-11 subdivision that the information should be withheld from public
4-12 inspection does not relieve the political subdivision of its
4-13 obligation to seek an attorney general decision under Section
4-14 552.301.
4-15 (c) For purposes of this section, the state or a political
4-16 subdivision is considered to be a party to litigation of a criminal
4-17 nature until the applicable statute of limitations has expired or
4-18 until the defendant has exhausted all appellate and postconviction
4-19 remedies in state and federal court.
4-20 (d) Subsection (a)(1) does not apply if:
4-21 (1) the litigation for which the information was
4-22 created has concluded, unless the information is the work product
4-23 of an attorney; or
4-24 (2) all parties to the litigation have seen or had
4-25 access to the information.
4-26 (e) Information under this section includes the work product
4-27 of an attorney. Protection for the work product of an attorney
4-28 does not terminate on the conclusion of the litigation for which it
4-29 was created.
4-30 (f) In this section, "work product of an attorney" means the
4-31 mental processes, conclusions, and legal theories of an attorney
4-32 created in anticipation of litigation.
4-33 Sec. 552.107. Exception: Certain Legal Matters.
4-34 Information is excepted from the requirements of Section 552.021
4-35 if:
4-36 (1) it is information that the attorney general or an
4-37 attorney of a political subdivision is prohibited from disclosing
4-38 because of a duty to the client under the Texas Rules of Civil
4-39 Evidence, the Texas Rules of Criminal Evidence, or the Texas
4-40 Disciplinary Rules of Professional Conduct <the State Bar of
4-41 Texas>; or
4-42 (2) a court by order has prohibited disclosure of the
4-43 information.
4-44 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
4-45 PROSECUTORIAL INFORMATION <RECORDS>. (a) Information held by <A
4-46 record of> a law enforcement agency or prosecutor that deals with
4-47 the detection, investigation, or prosecution of crime is excepted
4-48 from the requirements of Section 552.021.
4-49 (b) An internal record or notation of a law enforcement
4-50 agency or prosecutor that is maintained for internal use in matters
4-51 relating to law enforcement or prosecution is excepted from the
4-52 requirements of Section 552.021.
4-53 SECTION 6. Section 552.122, Government Code, is amended to
4-54 conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
4-55 Regular Session, 1993, to read as follows:
4-56 Sec. 552.122. EXCEPTION: <CURRICULUM OBJECTIVES AND> TEST
4-57 ITEMS. (a) A <curriculum objective or> test item developed by an
4-58 educational institution that is funded wholly or in part by state
4-59 revenue is excepted from the requirements of Section 552.021.
4-60 (b) A test item developed by a licensing agency or
4-61 governmental body is excepted from the requirements of Section
4-62 552.021.
4-63 SECTION 7. Subchapter C, Chapter 552, Government Code, is
4-64 amended to conform to Section 1, Chapter 98, Acts of the 73rd
4-65 Legislature, Regular Session, 1993, by adding Section 552.124 to
4-66 read as follows:
4-67 Sec. 552.124. EXCEPTION: RECORDS OF LIBRARY OR LIBRARY
4-68 SYSTEM. (a) A record of a library or library system, supported in
4-69 whole or in part by public funds, that identifies or serves to
4-70 identify a person who requested, obtained, or used a library
5-1 material or service is excepted from the requirements of Section
5-2 552.021 unless the record is disclosed:
5-3 (1) because the library or library system determines
5-4 that disclosure is reasonably necessary for the operation of the
5-5 library or library system and the record is not confidential under
5-6 other state or federal law;
5-7 (2) under Section 552.023; or
5-8 (3) to a law enforcement agency or a prosecutor under
5-9 a court order or subpoena obtained after a showing to a district
5-10 court that:
5-11 (A) disclosure of the record is necessary to
5-12 protect the public safety; or
5-13 (B) the record is evidence of an offense or
5-14 constitutes evidence that a particular person committed an offense.
5-15 (b) A record of a library or library system that is excepted
5-16 from required disclosure under this section is confidential.
5-17 SECTION 8. Subchapter B, Chapter 552, Government Code, is
5-18 amended by adding Section 552.027 to read as follows:
5-19 Sec. 552.027. EXCEPTION: INFORMATION AVAILABLE
5-20 COMMERCIALLY; RESOURCE MATERIAL. (a) A governmental body is not
5-21 required under this chapter to allow the inspection of or to
5-22 provide a copy of information in a commercial book or publication
5-23 purchased or acquired by the governmental body for research
5-24 purposes if the book or publication is commercially available to
5-25 the public.
5-26 (b) Although information in a book or publication may be
5-27 made available to the public as a resource material, such as a
5-28 library book, a governmental body is not required to make a copy of
5-29 the information in response to a request for public information.
5-30 (c) A governmental body shall allow the inspection of
5-31 information in a book or publication that is made part of,
5-32 incorporated into, or referred to in a rule or policy of a
5-33 governmental body.
5-34 SECTION 9. The subchapter heading to Subchapter D, Chapter
5-35 552, Government Code, is amended to read as follows:
5-36 SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION <RECORDS>
5-37 SECTION 10. Subchapter D, Chapter 552, Government Code, is
5-38 amended by amending Sections 552.201, 552.202, and 552.203 and by
5-39 adding Section 552.204 to read as follows:
5-40 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC INFORMATION
5-41 <RECORDS>. (a) The chief administrative officer of a governmental
5-42 body is the officer for public information <records>, except as
5-43 provided by Subsection (b).
5-44 (b) Each elected county officer is the officer for public
5-45 information <records> and the custodian, as defined by Section
5-46 201.003, Local Government Code, of the information <records>
5-47 created or received by that county officer's office.
5-48 Sec. 552.202. Department Heads. Each department head is an
5-49 agent of the officer for public information <records> for the
5-50 purposes of complying with this chapter.
5-51 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
5-52 INFORMATION <RECORDS>. Each officer for public information
5-53 <records>, subject to penalties provided in this chapter, shall:
5-54 (1) make public information <records> available for
5-55 public inspection and copying;
5-56 (2) carefully protect public information <records>
5-57 from deterioration, alteration, mutilation, loss, or unlawful
5-58 removal; and
5-59 (3) repair, renovate, or rebind public information
5-60 <records> as necessary to maintain it <them> properly.
5-61 Sec. 552.204. SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
5-62 INFORMATION. An officer for public information is responsible for
5-63 the release of public information as required by this chapter. The
5-64 officer is not responsible for:
5-65 (1) the use made of the information by the requestor;
5-66 or
5-67 (2) the release of information after it is removed
5-68 from a record as a result of an update, a correction, or a change
5-69 of status of the person to whom the information pertains.
5-70 SECTION 11. Subchapter E, Chapter 552, Government Code, is
6-1 amended by amending Sections 552.221, 552.222, 552.223, 552.224,
6-2 552.225, 552.226, 552.227, 552.228, and 552.230 and by adding
6-3 Section 552.231 to read as follows:
6-4 Sec. 552.221. Application for Public Information; Production
6-5 of Public Information. (a) An officer for public information
6-6 <records> of a governmental body shall promptly produce public
6-7 information for inspection, duplication, or both<, in the offices
6-8 of the governmental body> on application by any person to the
6-9 officer.
6-10 (b) An officer for public information complies with
6-11 Subsection (a) by:
6-12 (1) providing the public information for inspection or
6-13 duplication in the offices of the governmental body; or
6-14 (2) sending copies of the public information by first
6-15 class United States mail if the person requesting the information
6-16 requests that copies be provided by mail and agrees to pay the
6-17 postage.
6-18 (c) If the requested information is unavailable at the time
6-19 of the request to examine because it is in active use or in
6-20 storage, the officer for public information <records> shall certify
6-21 this fact in writing to the requestor <applicant> and set a date
6-22 and hour within a reasonable time when the information <record>
6-23 will be available for inspection or duplication.
6-24 (d) If an officer for public information cannot produce
6-25 public information for inspection or duplication within 10 calendar
6-26 days after the date the information is requested under Subsection
6-27 (a), the officer shall certify that fact in writing to the
6-28 requestor and set a date and hour within a reasonable time when the
6-29 information will be available for inspection or duplication.
6-30 Sec. 552.222. PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO
6-31 REQUESTOR <OF PERSON APPLYING FOR INSPECTION OF RECORDS>. (a) The
6-32 officer for public information <records> and the officer's agent
6-33 may not make an inquiry of a requestor <person who applies for
6-34 inspection or copying of a public record> except to establish
6-35 proper identification or except as provided by Subsection (b).
6-36 (b) If what information is requested is unclear to the
6-37 governmental body, the governmental body may ask the requestor to
6-38 clarify the request. If a large amount of information has been
6-39 requested, the governmental body may discuss with the requestor how
6-40 the scope of a request might be narrowed, but the governmental body
6-41 may not inquire into the purpose for which information will be used
6-42 <and the public records requested>.
6-43 Sec. 552.223. Uniform Treatment of Requests for Information.
6-44 The officer for public information <records> or the officer's agent
6-45 shall treat all requests for information uniformly without regard
6-46 to the position or occupation of the requestor <person making the
6-47 request>, the person on whose behalf the request is made, or the
6-48 status of the individual as a member of the media.
6-49 Sec. 552.224. Comfort and Facility. The officer for public
6-50 information <records> or the officer's agent shall give to a
6-51 requestor <person requesting public records> all reasonable comfort
6-52 and facility for the full exercise of the right granted by this
6-53 chapter.
6-54 Sec. 552.225. Time for Examination. (a) A requestor
6-55 <person requesting public information> must complete the
6-56 examination of the information not later than the 10th day after
6-57 the date the custodian of the information makes it available to the
6-58 person.
6-59 (b) The officer for public information <records> shall
6-60 extend the initial examination period by an additional 10 days if,
6-61 within the initial period, the requestor <person requesting the
6-62 information> files with the officer for public information
6-63 <records> a written request for additional time. The officer for
6-64 public information <records> shall extend an additional examination
6-65 period by another 10 days if, within the additional period, the
6-66 requestor <person requesting the information> files with the
6-67 officer for public information <records> a written request for more
6-68 additional time.
6-69 (c) The time during which a person may examine information
6-70 may be interrupted by the officer for public information <records>
7-1 if the information is needed for use by the governmental body. The
7-2 period of interruption is not considered to be a part of the time
7-3 during which the person may examine the information.
7-4 Sec. 552.226. Removal of Original Record. This chapter does
7-5 not authorize a requestor <person> to remove an original copy of a
7-6 public record from the office of a governmental body.
7-7 Sec. 552.227. Research of State Library Holdings Not
7-8 Required. An officer for public information <records> or the
7-9 officer's agent is not required to perform general research within
7-10 the reference and research archives and holdings of state
7-11 libraries.
7-12 Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
7-13 <RECORD> WITHIN REASONABLE TIME. (a) It shall be a policy of a
7-14 governmental body to provide a suitable copy of <a> public
7-15 information <record> within a reasonable time after the date on
7-16 which the copy is requested.
7-17 (b) If public information exists in an electronic or
7-18 magnetic medium, the requestor may request a copy either on paper
7-19 or in an electronic medium, such as on diskette or on magnetic
7-20 tape. A governmental body shall provide a copy in the requested
7-21 medium if:
7-22 (1) the governmental body has the technological
7-23 ability to produce a copy of the requested information in the
7-24 requested medium;
7-25 (2) the governmental body is not required to purchase
7-26 any software or hardware to accommodate the request; and
7-27 (3) provision of a copy of the information in the
7-28 requested medium will not violate the terms of any copyright
7-29 agreement between the governmental body and a third party.
7-30 (c) If a governmental body is unable to comply with a
7-31 request to produce a copy of information in a requested medium for
7-32 any of the reasons described by this section, the governmental body
7-33 shall provide a paper copy of the requested information or a copy
7-34 in another medium that is acceptable to the requestor. A
7-35 governmental body is not required to copy information onto a
7-36 diskette or other material provided by the requestor but may use
7-37 its own supplies.
7-38 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
7-39 INFORMATION <RECORDS>. A governmental body may promulgate
7-40 reasonable rules of procedure under which public information
7-41 <records> may be inspected efficiently, safely, and without delay.
7-42 Sec. 552.231. RESPONDING TO REQUESTS FOR INFORMATION THAT
7-43 REQUIRE PROGRAMMING OR MANIPULATION OF DATA. (a) A governmental
7-44 body shall provide to a requestor the written statement described
7-45 by Subsection (b) if the governmental body determines:
7-46 (1) that responding to a request for public
7-47 information will require programming or manipulation of data; and
7-48 (2) that:
7-49 (A) compliance with the request is not feasible
7-50 or will result in substantial interference with its ongoing
7-51 operations; or
7-52 (B) the information could be made available in
7-53 the requested form only at a cost that covers the programming and
7-54 manipulation of data.
7-55 (b) The written statement must include:
7-56 (1) a statement that the information is not available
7-57 in the requested form;
7-58 (2) a description of the form in which the information
7-59 is available;
7-60 (3) a description of any contract or services that
7-61 would be required to provide the information in the requested form;
7-62 (4) a statement of the cost of providing the
7-63 information in the requested form, as determined in accordance with
7-64 the rules established by the General Services Commission under
7-65 Section 552.262; and
7-66 (5) a statement of the anticipated time required to
7-67 provide the information in the requested form.
7-68 (c) The governmental body shall provide the written
7-69 statement to the requestor within 20 days after the date of the
7-70 governmental body's receipt of the request. The governmental body
8-1 has an additional 10 days to provide the statement if the
8-2 governmental body gives written notice to the requestor, within 20
8-3 days after the date of receipt of the request, that the additional
8-4 time is needed.
8-5 (d) On providing the written statement to the requestor as
8-6 required by this section, the governmental body does not have any
8-7 further obligation to provide the information in the requested form
8-8 or in the form in which it is available until the requestor states
8-9 in writing to the governmental body that the requestor:
8-10 (1) wants the governmental body to provide the
8-11 information in the requested form according to the cost and time
8-12 parameters set out in the statement or according to other terms to
8-13 which the requestor and the governmental body agree; or
8-14 (2) wants the information in the form in which it is
8-15 available.
8-16 (e) The officer for public information of a governmental
8-17 body shall establish policies that assure the expeditious and
8-18 accurate processing of requests for information that require
8-19 programming or manipulation of data. A governmental body shall
8-20 maintain a file containing all written statements issued under this
8-21 section in a readily accessible location.
8-22 SECTION 12. Section 552.261, Government Code, is amended to
8-23 read as follows:
8-24 Sec. 552.261. Determining Cost of Copies. <(a) A
8-25 governmental body may not charge an excessive amount for
8-26 noncertified, photographic reproductions of public records
8-27 comprised of pages that are legal size or smaller.>
8-28 <(b)> The cost of obtaining a copy of public information
8-29 <standard or legal size photographic reproduction> shall be an
8-30 amount that reasonably includes all costs related to reproducing
8-31 the public information <record>, including costs of materials,
8-32 labor, and overhead. If a<, unless the> request is for 50 or fewer
8-33 pages of paper records, the charge for the public information may
8-34 not include costs of materials, labor, or overhead, but shall be
8-35 limited to the photocopying costs, unless the pages to be copied
8-36 are located in:
8-37 (1) more than one building; or
8-38 (2) a remote storage facility <readily available
8-39 information>.
8-40 <(c) The General Services Commission shall periodically
8-41 determine guidelines for the actual cost of standard size
8-42 reproductions and shall periodically publish these cost figures for
8-43 use by governmental bodies in determining charges under this
8-44 subchapter.>
8-45 SECTION 13. Subchapter F, Chapter 552, Government Code, is
8-46 amended by amending Sections 552.262, 552.263, 552.264, 552.266,
8-47 552.267, 552.268, and 552.269 and by adding Sections 552.270,
8-48 552.271, 552.272, and 552.273 to read as follows:
8-49 Sec. 552.262. RULES OF THE GENERAL SERVICES COMMISSION <COST
8-50 FOR NONSTANDARD RECORDS>. (a) The General Services Commission
8-51 shall adopt rules for use by each governmental body in determining
8-52 charges under this subchapter. The rules adopted by the General
8-53 Services Commission shall be used by each governmental body in
8-54 determining charges for copies of public information, except to the
8-55 extent that other law provides for charges for specific kinds of
8-56 public information. The charges for public information may not be
8-57 excessive and may not exceed the actual cost of producing the
8-58 information. A governmental body, other than an agency of state
8-59 government, may determine its own charges for producing public
8-60 information but shall not charge more than a 50 percent variance
8-61 from the rules established by the General Services Commission
8-62 unless the governmental body requests an exemption under Subsection
8-63 (c).
8-64 (b) The General Services Commission shall conduct a study to
8-65 determine reasonable charges for producing information prior to the
8-66 implementation of rules regarding charges under this subchapter.
8-67 The study shall be completed not later than September 30, 1996,
8-68 with full participation of parties, including representatives of
8-69 county and municipal government and other interested parties. The
8-70 rules of the General Services Commission shall prescribe the
9-1 methods for computing the charges for copies of public information
9-2 in paper, electronic, and other kinds of media. The rules shall
9-3 establish costs for various components of charges for public
9-4 information that shall be used by each governmental body in
9-5 providing copies of public information.
9-6 (c) A governmental body may request that it be exempt from
9-7 part or all of the rules adopted by the General Services Commission
9-8 for determining charges for public information. The request must
9-9 be made in writing to the General Services Commission and must
9-10 state the reason for the exemption. If the General Services
9-11 Commission determines that good cause exists for exempting a
9-12 governmental body from a part or all of the rules, the commission
9-13 shall give written notice of the determination to the governmental
9-14 body within 90 days of the request. On receipt of the
9-15 determination, the governmental body may amend its charges for
9-16 public information according to the determination of the General
9-17 Services Commission.
9-18 (d) The General Services Commission shall publish annually
9-19 in the Texas Register a list of the governmental bodies that have
9-20 authorization from the General Services Commission to adopt any
9-21 modified rules for determining the cost of public information.
9-22 <The charge for access to public records that are comprised in a
9-23 form other than standard or smaller sized pages or that are in
9-24 computer record banks, microfilm records, or other similar record
9-25 keeping systems shall be set:>
9-26 <(1) making every effort to match the charge with the
9-27 actual cost of providing the record;>
9-28 <(2) after consultation between a governmental body's
9-29 officer for public records and the General Services Commission; and>
9-30 <(3) in an amount that reasonably includes all costs
9-31 related to providing the record, including costs of materials,
9-32 labor, and overhead.>
9-33 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
9-34 FOR PREPARATION OF PUBLIC INFORMATION <RECORDS>. An officer for
9-35 public information <records> or the officer's agent may require a
9-36 deposit or bond for payment of <costs or cash prepayment of>
9-37 anticipated costs for the preparation of a copy of public
9-38 information <record> if the charge for <preparation of> the copy is
9-39 estimated by the governmental body to exceed $100 <record would be
9-40 unduly costly and its reproduction would cause undue hardship to
9-41 the department or agency if the costs were not paid>.
9-42 Sec. 552.264. COPY OF PUBLIC INFORMATION <RECORD> REQUESTED
9-43 BY MEMBER OF LEGISLATURE. One copy of <a> public information
9-44 <record> that is requested from a state agency by a member of the
9-45 legislature in the performance of the member's duties shall be
9-46 provided without charge.
9-47 Sec. 552.266. COPY OF PUBLIC INFORMATION <RECORD> PROVIDED
9-48 BY MUNICIPAL COURT CLERK. The charge for a copy made by a
9-49 municipal court clerk shall be the charge provided by municipal
9-50 ordinance.
9-51 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
9-52 INFORMATION <RECORD>. (a) A governmental body shall furnish a
9-53 copy of public information <records> without charge or at a reduced
9-54 charge if the governmental body determines that waiver or reduction
9-55 of the fee is in the public interest because furnishing the
9-56 information primarily benefits the general public.
9-57 (b) If the cost to a governmental body of processing the
9-58 collection of a charge for a copy of public information will exceed
9-59 the amount of the charge, the governmental body may waive the
9-60 charge.
9-61 Sec. 552.268. Efficient Use of Public Resources <RECORDS>.
9-62 A governmental body shall make reasonably efficient use of supplies
9-63 and other resources <each page of a public record> to avoid
9-64 excessive reproduction costs.
9-65 Sec. 552.269. Overcharge or <RECOVERY OF> OVERPAYMENT FOR
9-66 PUBLIC INFORMATION <RECORD>. (a) A person who believes the person
9-67 has been overcharged for a copy of public information may complain
9-68 to the General Services Commission in writing of the alleged
9-69 overcharge, setting forth the reasons why the person believes the
9-70 charges are excessive. The General Services Commission shall
10-1 review the complaint and make a determination in writing as to the
10-2 appropriate charge for the requested information. The governmental
10-3 body shall respond to the General Services Commission to any
10-4 written questions asked of the governmental body by the commission
10-5 regarding the charges made for the public information. The
10-6 response must be made to the General Services Commission within 10
10-7 days after the date the questions are received by the governmental
10-8 body. If the General Services Commission determines that a
10-9 governmental body has overcharged for requested public information,
10-10 the governmental body shall promptly adjust its charges in
10-11 accordance with the determination of the General Services
10-12 Commission.
10-13 (b) A person who overpays for a copy of <a> public
10-14 information <record> because a governmental body refuses or fails
10-15 to follow the rules for charges adopted by the General Services
10-16 Commission <provide the copy at the actual cost of reproducing the
10-17 record as provided by Sections 552.261 and 552.262> is entitled to
10-18 recover three times the amount of the overcharge if the
10-19 governmental body did not act in good faith in computing the costs.
10-20 Sec. 552.270. COST OF GOVERNMENT PUBLICATION. (a) The cost
10-21 provisions of this subchapter do not apply to a publication that is
10-22 compiled and printed by or for a governmental body for public
10-23 dissemination. If the cost of the publication is not determined by
10-24 state law, a governmental body may determine the charge to be made
10-25 for the publication.
10-26 (b) This section does not prohibit a governmental body from
10-27 providing a publication free of charge if state law does not
10-28 require that a certain charge be made.
10-29 Sec. 552.271. INSPECTION OF PAPER RECORD IF COPY NOT
10-30 REQUESTED. A charge may not be imposed for making available for
10-31 inspection any public information that exists in a paper record,
10-32 except that if a requested page contains confidential information
10-33 that must be edited from the record before the information can be
10-34 made available, the governmental body may charge for the cost of
10-35 making a copy of the page from which information must be edited.
10-36 No charge other than the cost of the copy may be imposed.
10-37 Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COPY NOT
10-38 REQUESTED. (a) In response to a request to inspect information
10-39 that exists in an electronic medium and that is not available
10-40 directly on-line to the requestor, a charge may not be imposed for
10-41 access to the information, unless complying with the request will
10-42 require programming or manipulation of data. If programming or
10-43 manipulation of data is required, the governmental body shall
10-44 notify the requestor before assembling the information and provide
10-45 the requestor with an estimate of charges that will be imposed to
10-46 make the information available. A charge under this section must
10-47 be assessed in accordance with this subchapter.
10-48 (b) If public information exists in an electronic form on a
10-49 computer owned or leased by a governmental body and if the public
10-50 has direct access to that computer through a computer network or
10-51 other means, the electronic form of the information may be
10-52 electronically copied from that computer without charge if
10-53 accessing the information does not require processing, programming,
10-54 or manipulation on the government-owned or government-leased
10-55 computer before the information is copied.
10-56 (c) If public information exists in an electronic form on a
10-57 computer owned or leased by a governmental body and if the public
10-58 has direct access to that computer through a computer network or
10-59 other means and the information requires processing, programming,
10-60 or manipulation before it can be electronically copied, a
10-61 governmental body may impose charges in accordance with this
10-62 subchapter.
10-63 (d) If information is created or kept in an electronic form,
10-64 a governmental body is encouraged to explore options to separate
10-65 out confidential information and to make public information
10-66 available to the public through electronic access through a
10-67 computer network or by other means.
10-68 Sec. 552.273. INTERIM CHARGES FOR GEOGRAPHIC INFORMATION
10-69 SYSTEMS DATA. (a) A municipality that does not collect records
10-70 preservation funds may provide access to geographic information
11-1 systems (GIS) data at low cost or no cost to requestors. A means
11-2 by which the municipality may provide access to the information at
11-3 low or no cost may include public access terminals, dial-up
11-4 services, or any similar type of access.
11-5 (b) If a municipality provides access as provided by
11-6 Subsection (a), the municipality may set charges for providing
11-7 copies of the GIS database. The factors considered in setting the
11-8 charges may include data collection costs, system operation costs,
11-9 and an estimation of the value of the information on the commercial
11-10 market.
11-11 (c) The General Services Commission shall conduct a study to
11-12 determine reasonable charges for geographic information systems
11-13 data. The study shall be completed not later than September 30,
11-14 1996, with full participation of parties, including:
11-15 (1) the Geographic Information Systems Planning
11-16 Council;
11-17 (2) representatives of county and municipal
11-18 governments; and
11-19 (3) other interested parties.
11-20 (d) This section expires August 31, 1997.
11-21 SECTION 14. Section 552.301, Government Code, is amended to
11-22 read as follows:
11-23 Sec. 552.301. Request for Attorney General Decision. (a) A
11-24 governmental body that receives a written request for information
11-25 that it wishes to withhold from public disclosure and that it
11-26 considers to be within one of the exceptions under Subchapter C
11-27 must ask for a decision from the attorney general about whether the
11-28 information is within that exception if there has not been a
11-29 previous determination about whether the information falls within
11-30 one of the exceptions. The governmental body must ask for the
11-31 attorney general's decision and state the exceptions that apply
11-32 within a reasonable time but not later than the 10th calendar day
11-33 after the date of receiving the written request.
11-34 (b) A governmental body that requests an attorney general
11-35 decision under Subsection (a) <wishes to withhold information> must
11-36 within a reasonable time but not later than the 15th calendar day
11-37 after the date of receiving the written request:
11-38 (1) submit to the attorney general written comments
11-39 stating the reasons why the stated exceptions apply that would
11-40 allow the information to <should> be withheld;
11-41 (2) submit to the attorney general a copy of the
11-42 written request for information;
11-43 (3) submit to the attorney general a copy of the
11-44 specific information requested, or submit representative samples of
11-45 the information if a voluminous amount of information was
11-46 requested; and
11-47 (4) label that copy of the specific information, or of
11-48 the representative samples, to indicate which exceptions apply to
11-49 which parts of the copy.
11-50 SECTION 15. Section 552.303, Government Code, is amended to
11-51 read as follows:
11-52 Sec. 552.303. Delivery of Requested Information to Attorney
11-53 General; Disclosure of Requested Information; Attorney General
11-54 Request for Submission of Additional Information. (a) A
11-55 governmental body that requests an attorney general decision under
11-56 this subchapter shall supply to the attorney general, in accordance
11-57 with Section 552.301, the specific information requested. The
11-58 governmental body may <and shall> not disclose the information to
11-59 the public or to the requestor <party requesting the information>
11-60 until the attorney general makes a final determination that the
11-61 information is public or, if suit is filed under this chapter,
11-62 until a final determination that the information is public
11-63 <decision> has been made by the court with jurisdiction over the
11-64 suit, except as otherwise provided by Section 552.322.
11-65 (b) The attorney general may determine whether a
11-66 governmental body's submission of information is sufficient to
11-67 render a decision.
11-68 (c) If the governmental body failed to supply to the
11-69 attorney general all of the specific information that is necessary
11-70 to render a decision, the attorney general shall give written
12-1 notice of that fact to the governmental body and the requestor.
12-2 (d) A governmental body notified under Subsection (c) shall
12-3 submit the necessary additional information to the attorney general
12-4 not later than the seventh calendar day after the date the notice
12-5 is received.
12-6 (e) If a governmental body does not comply with Subsection
12-7 (d), the information that is the subject of a person's request to
12-8 the governmental body and regarding which the governmental body
12-9 fails to comply with Subsection (d) is presumed to be public
12-10 information.
12-11 SECTION 16. Section 552.304, Government Code, is amended to
12-12 read as follows:
12-13 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. A person
12-14 <member of the public> may submit written comments stating reasons
12-15 why the information at issue in a request for an attorney general
12-16 decision should or should not be released.
12-17 SECTION 17. Section 552.305(a), Government Code, is amended
12-18 to read as follows:
12-19 (a) In a case in which information is requested under this
12-20 chapter and a person's <third party's> privacy or property
12-21 interests may be involved, including a case under Section 552.101,
12-22 552.104, 552.110, or 552.114, a governmental body may decline to
12-23 release the information for the purpose of requesting an attorney
12-24 general decision.
12-25 SECTION 18. Section 552.306, Government Code, is amended to
12-26 read as follows:
12-27 Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION;
12-28 ISSUANCE OF WRITTEN OPINION. (a) The attorney general shall
12-29 promptly render a decision requested under this subchapter,
12-30 consistent with the standards of due process, determining whether
12-31 the requested information is <a public record or is> within one of
12-32 the exceptions of Subchapter C. The attorney general shall render
12-33 the decision not later than the 60th working day after the date the
12-34 attorney general received the request for a decision. If the
12-35 attorney general is unable to issue the decision within the 60-day
12-36 period, the attorney general may extend the period for issuing the
12-37 decision by an additional 20 working days by informing the
12-38 governmental body and the requestor, during the original 60-day
12-39 period, of the reason for the delay.
12-40 (b) The attorney general shall issue a written opinion of
12-41 the determination and shall provide a copy of the opinion to the
12-42 requestor.
12-43 SECTION 19. Subchapter G, Chapter 552, Government Code, is
12-44 amended by adding Section 552.308 to read as follows:
12-45 Sec. 552.308. TIMELINESS OF ACTION BY MAIL. When this
12-46 subchapter requires a request, notice, or other document to be
12-47 submitted or otherwise given to a person within a specified period,
12-48 the requirement is met in a timely fashion if the document is sent
12-49 to the person by first class United States mail properly addressed
12-50 with postage prepaid and:
12-51 (1) it bears a post office cancellation mark
12-52 indicating a time within the period; or
12-53 (2) the person required to submit or otherwise give
12-54 the document furnishes satisfactory proof that it was deposited in
12-55 the mail within the period.
12-56 SECTION 20. Subchapter H, Chapter 552, Government Code, is
12-57 amended by amending Section 552.321 and by adding Sections 552.324
12-58 and 552.325 to read as follows:
12-59 Sec. 552.321. Suit for Writ of Mandamus. (a) A requestor
12-60 <person requesting information> or the attorney general may file
12-61 suit in accordance with Subsections (b), (e), and (f) for a writ of
12-62 mandamus compelling a governmental body to make information
12-63 available for public inspection or duplication or for inspection or
12-64 duplication under a special right of access <if the governmental
12-65 body refuses to request an attorney general's decision as provided
12-66 by Subchapter G or refuses to supply public information or
12-67 information that the attorney general has determined is a public
12-68 record>. A requestor may also file suit in accordance with
12-69 Subsections (c), (d), (e), and (f) for a writ of mandamus
12-70 compelling a governmental body to make information available for
13-1 public inspection or duplication or for inspection or duplication
13-2 under a special right of access.
13-3 (b) A requestor or the attorney general may file suit under
13-4 Subsection (a) if the governmental body has not produced the
13-5 information for inspection or duplication and:
13-6 (1) more than 10 calendar days, plus if applicable any
13-7 additional reasonable amount of time allowed under Section 552.221,
13-8 have passed since the person made a written request for information
13-9 and the governmental body has not requested an attorney general
13-10 decision as provided by Section 552.301(a); or
13-11 (2) more than 10 calendar days have passed since the
13-12 attorney general issued a decision determining that the information
13-13 requested is:
13-14 (A) public information that is not excepted from
13-15 disclosure under Subchapter C; or
13-16 (B) information available to the requestor under
13-17 a special right of access in accordance with Section 552.023.
13-18 (c) A requestor may file suit under Subsection (a) if the
13-19 governmental body has not produced the information for inspection
13-20 or duplication and:
13-21 (1) more than 80 working days have passed since the
13-22 attorney general received the governmental body's request for a
13-23 decision under Section 552.301(a) and the attorney general has not
13-24 issued the decision; or
13-25 (2) the attorney general has issued a decision that
13-26 determines part or all of the information requested is:
13-27 (A) excepted from disclosure as public
13-28 information under Subchapter C; or
13-29 (B) not available to the requestor under a
13-30 special right of access in accordance with Section 552.023.
13-31 (d) A person who files suit under circumstances described by
13-32 Subsection (c)(1) must also file suit in the same action for a writ
13-33 of mandamus compelling the attorney general to render a decision.
13-34 (e) The district courts have original jurisdiction in a suit
13-35 filed under this section.
13-36 (f) Venue in a suit filed under this section is in:
13-37 (1) the county in which the governmental body from
13-38 which the information is requested has its principal office; or
13-39 (2) the county in which the requestor filing the suit
13-40 resides.
13-41 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a
13-42 governmental body or officer for public information may file
13-43 seeking to withhold information from a requestor is a suit that is
13-44 filed in accordance with Sections 552.325 and 552.353 and that
13-45 challenges a decision by the attorney general issued under
13-46 Subchapter G.
13-47 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD
13-48 INFORMATION. (a) A governmental body, officer for public
13-49 information, or other person or entity that files a suit seeking to
13-50 withhold information from a requestor may not file suit against the
13-51 person requesting the information. The requestor is entitled to
13-52 intervene in the suit.
13-53 (b) The governmental body, officer for public information,
13-54 or other person or entity that files the suit shall demonstrate to
13-55 the court that the governmental body, officer for public
13-56 information, or other person or entity made a timely good faith
13-57 effort to inform the requestor, by certified mail or by another
13-58 written method of notice that requires the return of a receipt, of:
13-59 (1) the existence of the suit, including the subject
13-60 matter and cause number of the suit and the court in which the suit
13-61 is filed;
13-62 (2) the requestor's right to intervene in the suit or
13-63 to choose to not participate in the suit;
13-64 (3) the fact that the suit is against the attorney
13-65 general; and
13-66 (4) the address and phone number of the office of the
13-67 attorney general.
13-68 (c) If the attorney general enters into a proposed
13-69 settlement that all or part of the information that is the subject
13-70 of the suit should be withheld, the attorney general shall notify
14-1 the requestor of that decision and, if the requestor has not
14-2 intervened in the suit, of the requestor's right to intervene to
14-3 contest the withholding. The attorney general shall notify the
14-4 requestor:
14-5 (1) in the manner required by the Texas Rules of Civil
14-6 Procedure, if the requestor has intervened in the suit; or
14-7 (2) by certified mail or by another written method of
14-8 notice that requires the return of a receipt, if the requestor has
14-9 not intervened in the suit.
14-10 (d) The court shall allow the requestor a reasonable period
14-11 to intervene after the attorney general attempts to give notice
14-12 under Subsection (c)(2).
14-13 SECTION 21. Sections 552.351 and 552.353, Government Code,
14-14 are amended to read as follows:
14-15 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
14-16 INFORMATION <RECORD>. (a) A person commits an offense if the
14-17 person wilfully destroys, mutilates, removes without permission as
14-18 provided by this chapter, or alters <a> public information
14-19 <record>.
14-20 (b) An offense under this section is a misdemeanor
14-21 punishable by:
14-22 (1) a fine of not less than $25 or more than $4,000;
14-23 (2) confinement in the county jail for not less than
14-24 three days or more than three months; or
14-25 (3) both the fine and confinement.
14-26 Sec. 552.353. Failure or Refusal of Officer for Public
14-27 Information <Records> to Provide Access to or Copying of Public
14-28 Information <RECORD>. (a) An officer for public information
14-29 <records>, or the officer's agent, commits an offense if, with
14-30 criminal negligence, the officer or the officer's agent fails or
14-31 refuses to give access to, or to permit or provide copying of,
14-32 public information <records> to a requestor <person on request> as
14-33 provided by this chapter.
14-34 (b) It is an affirmative defense to prosecution under
14-35 Subsection (a) that the officer for public information <records>
14-36 reasonably believed that public access to the requested information
14-37 <records> was not required and that the officer:
14-38 (1) acted in reasonable reliance on a court order or a
14-39 written interpretation of this chapter contained in an opinion of a
14-40 court of record or of the attorney general issued under Subchapter
14-41 G;
14-42 (2) requested a decision from the attorney general in
14-43 accordance with Subchapter G, and the decision is pending; or
14-44 (3) not later than the 10th calendar day after the
14-45 date of receipt of a decision by the attorney general that the
14-46 information is public, filed a petition for a declaratory judgment,
14-47 a writ of mandamus, or both, against the attorney general in a
14-48 Travis County district court seeking relief from compliance with
14-49 the decision of the attorney general, and a petition is pending.
14-50 (c) It is an affirmative defense to prosecution under
14-51 Subsection (a) that a person or entity has, not later than the 10th
14-52 calendar day after the date of receipt by a governmental body of a
14-53 decision by the attorney general that the information is public,
14-54 filed a cause of action seeking relief from compliance with the
14-55 decision of the attorney general, and the cause is pending.
14-56 (d) It is an affirmative defense to prosecution under
14-57 Subsection (a) that the defendant is the agent of an officer for
14-58 public information <records> and that the agent reasonably relied
14-59 on the written instruction of the officer for public information
14-60 <records> not to disclose the public information <records>
14-61 requested.
14-62 (e) An offense under this section is a misdemeanor
14-63 punishable by:
14-64 (1) a fine of not more than $1,000;
14-65 (2) confinement in the county jail for not more than
14-66 six months; or
14-67 (3) both the fine and confinement.
14-68 (f) A violation under this section constitutes official
14-69 misconduct.
14-70 SECTION 22. (a) The changes in law made by this Act
15-1 affecting the availability of information, the inspection of
15-2 information, or the copying of information, including the costs for
15-3 copying information, apply only to a request for information that
15-4 is received by a governmental body on or after September 1, 1995.
15-5 A request for information that is received by a governmental body
15-6 before that date is governed by the law in effect at the time the
15-7 request is made, and the former law is continued in effect for this
15-8 purpose.
15-9 (b) Sections 552.324 and 552.325, Government Code, as added
15-10 by this Act, relating to suits to withhold information from a
15-11 requestor, apply only to a suit filed on or after September 1,
15-12 1995.
15-13 (c) The change in law made by this Act to Section 552.306,
15-14 Government Code, applies only to a request for an attorney general
15-15 decision made under Section 552.301, Government Code, on or after
15-16 January 1, 1996.
15-17 (d) Sections 552.321(c)(1) and (d), Government Code, as
15-18 added to Section 552.321 by this Act, apply only to a request for
15-19 information filed under Chapter 552, Government Code, for which a
15-20 request for an attorney general decision is made under Section
15-21 552.301, Government Code, on or after January 1, 1996.
15-22 SECTION 23. The attorney general may not use additional
15-23 general revenue to pay for implementing the changes in law made to
15-24 Section 552.306, Government Code, by this Act or add additional
15-25 employees to comply with the changes in law made to Section
15-26 552.306, Government Code, by this Act.
15-27 SECTION 24. The following laws are repealed:
15-28 (1) Section 1, Chapter 98, Acts of the 73rd
15-29 Legislature, 1993; and
15-30 (2) Section 8.30, Chapter 347, Acts of the 73rd
15-31 Legislature, 1993.
15-32 SECTION 25. This Act takes effect September 1, 1995, except
15-33 the following changes in law take effect January 1, 1996:
15-34 (1) the change in law to Section 552.306, Government
15-35 Code, made by this Act; and
15-36 (2) Sections 552.321(c)(1) and (d), Government Code,
15-37 as added to Section 552.321 by this Act.
15-38 SECTION 26. The importance of this legislation and the
15-39 crowded condition of the calendars in both houses create an
15-40 emergency and an imperative public necessity that the
15-41 constitutional rule requiring bills to be read on three several
15-42 days in each house be suspended, and this rule is hereby suspended.
15-43 * * * * *