1-1 By: Henderson S.B. No. 636 1-2 (In the Senate - Filed February 17, 1995; February 20, 1995, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 7, 1995, reported favorably, as amended, by the following 1-5 vote: Yeas 5, Nays 0; March 7, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson 1-7 Amend S.B. No. 636 as follows: 1-8 (1) On page 1, line 18 (Committee printing page 1, line 39) 1-9 after the word "may" strike the rest of the sentence and substitute 1-10 the following language: "not file suit against the person 1-11 requesting the information". 1-12 (2) On page 1, lines 21 and 22 (Committee printing page 1, 1-13 lines 42-43) strike the phrase "and may not be named as a party in 1-14 the suit unless the person chooses to intervene". 1-15 (3) On page 2, line 15 (Committee printing page 1, line 60) 1-16 after the word "general" strike the word "agrees" and replace with 1-17 "enters into a proposed settlement". 1-18 (4) On page 2, lines 16 and 17 (Committee printing page 1, 1-19 lines 61-62) strike the phrase "and decides not to contest 1-20 withholding that information". 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to a suit filed seeking to withhold information requested 1-24 under the open records law and to the parties to the suit. 1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-26 SECTION 1. Subchapter H, Chapter 552, Government Code, is 1-27 amended by adding Sections 552.324 and 552.325 to read as follows: 1-28 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a 1-29 governmental body or officer for public records may file seeking to 1-30 withhold information from a person who has requested the 1-31 information for inspection or duplication under this chapter is a 1-32 suit that is filed in accordance with Sections 552.325 and 552.353 1-33 and that challenges a decision by the attorney general issued under 1-34 Subchapter G. 1-35 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD 1-36 INFORMATION. (a) A governmental body, officer for public records, 1-37 or other person or entity that files a suit seeking to withhold 1-38 information from a person who has requested the information for 1-39 inspection or duplication under this chapter may file the suit only 1-40 against the attorney general. The person requesting the 1-41 information for inspection or duplication under this chapter is 1-42 entitled to intervene in the suit and may not be named as a party 1-43 in the suit unless the person chooses to intervene. 1-44 (b) The governmental body, officer for public records, or 1-45 other person or entity that files the suit shall demonstrate to the 1-46 court that the governmental body, officer for public records, or 1-47 other person or entity made a timely good faith effort to inform 1-48 the person requesting the information for inspection or duplication 1-49 under this chapter, by certified mail or by another written method 1-50 of notice that requires the return of a receipt, of: 1-51 (1) the existence of the suit, including the subject 1-52 matter and cause number of the suit and the court in which the suit 1-53 is filed; 1-54 (2) the person's right to intervene in the suit or to 1-55 choose not to participate in the suit; 1-56 (3) the fact that the suit is against the attorney 1-57 general; and 1-58 (4) the address and phone number of the office of the 1-59 attorney general. 1-60 (c) If the attorney general agrees that all or part of the 1-61 information that is the subject of the suit should be withheld and 1-62 decides not to contest withholding that information, the attorney 1-63 general shall notify the person requesting the information for 1-64 inspection or duplication under this chapter of that decision and, 1-65 if the person has not intervened in the suit, of the person's right 1-66 to intervene to contest the withholding. The attorney general 1-67 shall notify the person: 1-68 (1) in the manner required by the Texas Rules of Civil 2-1 Procedure, if the person has intervened in the suit; or 2-2 (2) by certified mail or by another written method of 2-3 notice that requires the return of a receipt, if the person has not 2-4 intervened in the suit. 2-5 (d) The court shall allow the person a reasonable period to 2-6 intervene after the attorney general attempts to give notice under 2-7 Subsection (c)(2). 2-8 SECTION 2. The changes in law made by this Act apply only to 2-9 a suit filed under Chapter 552, Government Code, on or after the 2-10 effective date of this Act. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended, 2-16 and that this Act take effect and be in force from and after its 2-17 passage, and it is so enacted. 2-18 * * * * *