By Henderson S.B. No. 636 74R5994 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a suit filed seeking to withhold information requested 1-3 under the open records law and to the parties to the suit. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter H, Chapter 552, Government Code, is 1-6 amended by adding Sections 552.324 and 552.325 to read as follows: 1-7 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a 1-8 governmental body or officer for public records may file seeking to 1-9 withhold information from a person who has requested the 1-10 information for inspection or duplication under this chapter is a 1-11 suit that is filed in accordance with Sections 552.325 and 552.353 1-12 and that challenges a decision by the attorney general issued under 1-13 Subchapter G. 1-14 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD 1-15 INFORMATION. (a) A governmental body, officer for public records, 1-16 or other person or entity that files a suit seeking to withhold 1-17 information from a person who has requested the information for 1-18 inspection or duplication under this chapter may file the suit only 1-19 against the attorney general. The person requesting the 1-20 information for inspection or duplication under this chapter is 1-21 entitled to intervene in the suit and may not be named as a party 1-22 in the suit unless the person chooses to intervene. 1-23 (b) The governmental body, officer for public records, or 1-24 other person or entity that files the suit shall demonstrate to the 2-1 court that the governmental body, officer for public records, or 2-2 other person or entity made a timely good faith effort to inform 2-3 the person requesting the information for inspection or duplication 2-4 under this chapter, by certified mail or by another written method 2-5 of notice that requires the return of a receipt, of: 2-6 (1) the existence of the suit, including the subject 2-7 matter and cause number of the suit and the court in which the suit 2-8 is filed; 2-9 (2) the person's right to intervene in the suit or to 2-10 choose to not participate in the suit; 2-11 (3) the fact that the suit is against the attorney 2-12 general; and 2-13 (4) the address and phone number of the office of the 2-14 attorney general. 2-15 (c) If the attorney general agrees that all or part of the 2-16 information that is the subject of the suit should be withheld and 2-17 decides not to contest withholding that information, the attorney 2-18 general shall notify the person requesting the information for 2-19 inspection or duplication under this chapter of that decision and, 2-20 if the person has not intervened in the suit, of the person's right 2-21 to intervene to contest the withholding. The attorney general 2-22 shall notify the person: 2-23 (1) in the manner required by the Texas Rules of Civil 2-24 Procedure, if the person has intervened in the suit; or 2-25 (2) by certified mail or by another written method of 2-26 notice that requires the return of a receipt, if the person has not 2-27 intervened in the suit. 3-1 (d) The court shall allow the person a reasonable period to 3-2 intervene after the attorney general attempts to give notice under 3-3 Subsection (c)(2). 3-4 SECTION 2. The changes in law made by this Act apply only to 3-5 a suit filed under Chapter 552, Government Code, on or after the 3-6 effective date of this Act. 3-7 SECTION 3. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended, 3-12 and that this Act take effect and be in force from and after its 3-13 passage, and it is so enacted.