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.