By Armbrister                                    S.B. No. 480

      75R4352 MRB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a revision of the public information law.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 552, Government Code, is

 1-5     amended by adding Section 552.127 to read as follows:

 1-6           Sec. 552.127.  EXCEPTION:  PERSONAL INFORMATION OF MEMBERS OF

 1-7     CERTAIN NONPROFIT CORPORATIONS.  (a)  Information is excepted from

 1-8     the requirements of Section 552.021 if it is a statement of the

 1-9     name, the address, the telephone number, the social security

1-10     number, or other personal information of a member of a nonprofit

1-11     corporation that:

1-12                 (1)  is organized under Chapter 76, Acts of the 43rd

1-13     Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's

1-14     Texas Civil Statutes);

1-15                 (2)  provides a water supply or a wastewater service or

1-16     both; and

1-17                 (3)  is exempt from ad valorem taxation under Section

1-18     11.30, Tax Code.

1-19           (b)  This section does not restrict access under Article

1-20     2.11B, Texas Non-Profit Corporation Act (Article 1396-2.11B,

1-21     Vernon's Texas Civil Statutes), to the list of voting members of a

1-22     corporation prepared under that article.

1-23           SECTION 2.  Section 552.231, Government Code, is amended by

1-24     amending Subsection (b) and adding Subsection (f) to read as

 2-1     follows:

 2-2           (b)  The written statement must include:

 2-3                 (1)  a statement that the information is not available

 2-4     in the requested form;

 2-5                 (2)  a description of the form in which the information

 2-6     is available;

 2-7                 (3)  a description of any contract or services that

 2-8     would be required to provide the information in the requested form;

 2-9                 (4)  a statement of the estimated cost of providing the

2-10     information in the requested form, which:

2-11                       (A)  shall be [as] determined in accordance with

2-12     the rules established by the General Services Commission under

2-13     Section 552.262; and

2-14                       (B)  may be stated, if appropriate, to cover a

2-15     range; and

2-16                 (5)  a statement of the anticipated time required to

2-17     provide the information in the requested form.

2-18           (f)  The officer for public information or the officer's

2-19     agent may require the requestor to pay a deposit in the amount of

2-20     the estimated cost determined under Subsection (b).  If the deposit

2-21     is required and if the estimated cost covers a range, the amount

2-22     that must be paid is the highest amount in the range.

2-23           SECTION 3.  Subchapter E, Chapter 552, Government Code, is

2-24     amended by adding Section 552.232 to read as follows:

2-25           Sec. 552.232.  NO REQUIREMENT TO PREPARE OR ASSEMBLE

2-26     INFORMATION NOT IN EXISTENCE.  This chapter does not require a

2-27     governmental body or an  officer for public information to prepare

 3-1     or assemble, in response to a request for information, any

 3-2     information that is not in existence at the time the request is

 3-3     made.

 3-4           SECTION 4.  Sections 552.262 and 552.263, Government Code,

 3-5     are amended to read as follows:

 3-6           Sec. 552.262.  RULES OF THE GENERAL SERVICES COMMISSION.

 3-7     (a)  The General Services Commission shall adopt rules for use by

 3-8     each governmental body in determining charges under this

 3-9     subchapter.  The rules adopted by the General Services Commission

3-10     shall be used by each governmental body in determining charges for

3-11     copies of public information, except to the extent that other law

3-12     provides for charges for specific kinds of public information.

3-13     Under the rules:

3-14                 (1)  the [The] charges for public information may not

3-15     be excessive and may not exceed the actual cost of producing the

3-16     information; and

3-17                 (2)  the General Services Commission shall allow a

3-18     governmental body to charge the actual cost of providing copies of

3-19     public information.

3-20           (b)  A governmental body, other than an agency of state

3-21     government, may determine its own charges for producing public

3-22     information but shall not charge more than a 25 percent variance

3-23     from the rules established by the General Services Commission

3-24     unless the governmental body:

3-25                 (1)  requests an exemption under Subsection (d); or

3-26                 (2)  charges the actual cost of providing copies of

3-27     public information [(c)].

 4-1           (c) [(b)]  The rules of the General Services Commission shall

 4-2     prescribe the methods for computing the charges for copies of

 4-3     public information in paper, electronic, and other kinds of media.

 4-4     The rules shall establish costs for various components of charges

 4-5     for public information that shall be used by each governmental body

 4-6     in providing copies of public information.

 4-7           (d) [(c)]  A governmental body may request that it be exempt

 4-8     from part or all of the rules adopted by the General Services

 4-9     Commission for determining charges for public information.  The

4-10     request must be made in writing to the General Services Commission

4-11     and must state the reason for the exemption.  If the General

4-12     Services Commission determines that good cause exists for exempting

4-13     a governmental body from a part or all of the rules, the commission

4-14     shall give written notice of the determination to the governmental

4-15     body within 90 days of the request.  On receipt of the

4-16     determination, the governmental body may amend its charges for

4-17     public information according to the determination of the General

4-18     Services Commission.

4-19           (e) [(d)]  The General Services Commission shall publish

4-20     annually in the Texas Register a list of the governmental bodies

4-21     that have authorization from the General Services Commission to

4-22     adopt any modified rules for determining the cost of public

4-23     information.

4-24           (f) [(e)]  The rules of the General Services Commission do

4-25     not apply to a state governmental body that is not a state agency

4-26     for purposes of Subtitle D, Title 10.

4-27           (g)  In this section, the actual cost of providing copies of

 5-1     public information includes:

 5-2                 (1)  the salary and overhead costs attributable to the

 5-3     employees who participate in providing the copies; and

 5-4                 (2)  the fees and expenses attributable solely to

 5-5     providing the copies.

 5-6           Sec. 552.263.  BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT

 5-7     FOR PREPARATION OF PUBLIC INFORMATION.  An officer for public

 5-8     information or the officer's agent may require a:

 5-9                 (1)  deposit or bond for payment of anticipated costs

5-10     for the preparation of a copy of public information if the charge

5-11     for the copy is estimated by the governmental body to exceed $100;

5-12     or

5-13                 (2)  deposit as provided by Section 552.231 under the

5-14     circumstances described by that section.

5-15           SECTION 5.  Section 552.324, Government Code, as amended by

5-16     Chapters 578 and 1035, Acts of the 74th Legislature, Regular

5-17     Session, 1995, is amended to read as follows:

5-18           Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  (a)  A

5-19     governmental body or an officer for public information may appeal

5-20     the decision of the attorney general issued under Subchapter G by

5-21     filing a petition for a declaratory judgment or a writ of mandamus

5-22     or both against the attorney general in a district court of the

5-23     county in which an office of the governmental body is located or in

5-24     a district court of Travis County.  The standard of review in the

5-25     appeal is trial de novo.  The filing of the petition stays all

5-26     duties to provide public information in response to the request

5-27     that is the subject of the appeal.

 6-1           (b)  A [The only suit a] governmental body or officer for

 6-2     public information may file a suit in a district court of the

 6-3     county in which an  office of the governmental body is located or

 6-4     in a district court of Travis County that seeks [seeking] to

 6-5     withhold information from a requestor [is a suit that is filed] in

 6-6     accordance with Sections 552.325 and 552.353 and that challenges a

 6-7     decision by the attorney general issued under Subchapter G.

 6-8           SECTION 6.  Section 552.353(b), Government Code, is amended

 6-9     to read as follows:

6-10           (b)  It is an affirmative defense to prosecution under

6-11     Subsection (a) that the officer for public information reasonably

6-12     believed that public access to the requested information was not

6-13     required and that the officer:

6-14                 (1)  acted in reasonable reliance on a court order or a

6-15     written interpretation of this chapter contained in an opinion of a

6-16     court of record or of the attorney general issued under Subchapter

6-17     G;

6-18                 (2)  requested a decision from the attorney general in

6-19     accordance with Subchapter G, and the decision is pending; or

6-20                 (3)  not later than the 10th calendar day after the

6-21     date of receipt of a decision by the attorney general that the

6-22     information is public, filed an action under Section 552.324 [a

6-23     petition for a declaratory judgment, a writ of mandamus, or both,]

6-24     against the attorney general [in a Travis County district court]

6-25     seeking relief from compliance with the decision of the attorney

6-26     general, and the action  [a petition] is pending.

6-27           SECTION 7.  (a)  The changes in law made by this Act

 7-1     affecting the availability of information and the costs of

 7-2     providing copies of information apply only to a request for

 7-3     information that is received by a governmental body on or after the

 7-4     effective date of this Act.  A request for information that is

 7-5     received by a governmental body before that date is governed by the

 7-6     law in effect at the time the request is made, and the former law

 7-7     is continued in effect for that purpose.

 7-8           (b)  The changes in law made by this Act to Section 552.324,

 7-9     Government Code, apply only to an action filed in response to an

7-10     attorney general decision issued on or after the effective date of

7-11     this Act.  An action filed in response to an attorney general

7-12     decision issued before that date is governed by the law in effect

7-13     at the time the decision is issued, and the former law is continued

7-14     in effect for that purpose.

7-15           SECTION 8.  The importance of this legislation and the

7-16     crowded condition of the calendars in both houses create an

7-17     emergency and an imperative public necessity that the

7-18     constitutional rule requiring bills to be read on three several

7-19     days in each house be suspended, and this rule is hereby suspended,

7-20     and that this Act take effect and be in force from and after its

7-21     passage, and it is so enacted.