S.B. No. 636
                                        AN ACT
    1-1  relating to a suit filed seeking to withhold information requested
    1-2  under the open records law and to the parties to the suit.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter H, Chapter 552, Government Code, is
    1-5  amended by adding Sections 552.324 and 552.325 to read as follows:
    1-6        Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  The only suit a
    1-7  governmental body or officer for public records may file seeking to
    1-8  withhold information from a person who has requested the
    1-9  information for inspection or duplication under this chapter is a
   1-10  suit that is filed in accordance with Sections 552.325 and 552.353
   1-11  and that challenges a decision by the attorney general issued under
   1-12  Subchapter G.
   1-13        Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD
   1-14  INFORMATION.  (a)  A governmental body, officer for public records,
   1-15  or other person or entity that files a suit seeking to withhold
   1-16  information from a person who has requested the information for
   1-17  inspection or duplication under this chapter may not file suit
   1-18  against the person requesting the information.  The person
   1-19  requesting the information for inspection or duplication under this
   1-20  chapter is entitled to intervene in the suit.
   1-21        (b)  The governmental body, officer for public records, or
   1-22  other person or entity that files the suit shall demonstrate to the
   1-23  court that the governmental body, officer for public records, or
   1-24  other person or entity made a timely good faith effort to inform
    2-1  the person requesting the information for inspection or duplication
    2-2  under this chapter, by certified mail or by another written method
    2-3  of notice that requires the return of a receipt, of:
    2-4              (1)  the existence of the suit, including the subject
    2-5  matter and cause number of the suit and the court in which the suit
    2-6  is filed;
    2-7              (2)  the person's right to intervene in the suit or to
    2-8  choose not to participate in the suit;
    2-9              (3)  the fact that the suit is against the attorney
   2-10  general; and
   2-11              (4)  the address and phone number of the office of the
   2-12  attorney general.
   2-13        (c)  If the attorney general enters into a proposed
   2-14  settlement that all or part of the information that is the subject
   2-15  of the suit should be withheld, the attorney general shall notify
   2-16  the person requesting the information for inspection or duplication
   2-17  under this chapter of that decision and, if the person has not
   2-18  intervened in the suit, of the person's right to intervene to
   2-19  contest the withholding.  The attorney general shall notify the
   2-20  person:
   2-21              (1)  in the manner required by the Texas Rules of Civil
   2-22  Procedure, if the person has intervened in the suit; or
   2-23              (2)  by certified mail or by another written method of
   2-24  notice that requires the return of a receipt, if the person has not
   2-25  intervened in the suit.
   2-26        (d)  The court shall allow the person a reasonable period to
   2-27  intervene after the attorney general attempts to give notice under
    3-1  Subsection (c)(2).
    3-2        SECTION 2.  The changes in law made by this Act apply only to
    3-3  a suit filed under Chapter 552, Government Code, on or after the
    3-4  effective date of this Act.
    3-5        SECTION 3.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.