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 * * * * *