Amend SB 1851 by adding a new section to the bill,
appropriately numbered, to read as follows and renumbering
subsequent sections of the bill accordingly:
      SECTION ____.  (a)  Subchapter A, Chapter 552, Government
Code, is amended by adding Section 552.0065 to read as follows:
      Sec. 552.0065.  GROUNDS FOR WITHHOLDING PUBLIC INFORMATION.
(a)  An officer for public information or the officer's agent may
not refuse to give access to public information to a requestor or
refuse to permit or provide copying of public information to a
requestor as provided by this chapter unless the officer or the
officer's agent reasonably believes that public access to the
requested information is not required and:
            (1)  the officer or the officer's agent is acting in
reasonable reliance on a court order or a written interpretation of
this chapter contained in an opinion of a court of record or of the
attorney general issued under Subchapter G;
            (2)  the officer for public information requested a
decision from the attorney general in accordance with Subchapter G,
and the decision is pending; or
            (3)  no later than the 10th calendar day after the date
that the decision of the attorney general that the information is
public was received, the governmental body, the officer for public
information, or another person or entity filed a petition for a
declaratory judgment, a writ of mandamus, or both, against the
attorney general in a Travis County district court seeking relief
from compliance with the decision of the attorney general, and the
petition is pending.
      (b)  An officer for public information or the officer's agent
who refuses to provide access to or refuses to permit or provide
copying of information under Subsection (a)  must provide the
requestor with a written statement of the reasons for the refusal.
      (c)  The written statement must identify the exception that
allows the information to be withheld and must be provided to the
requestor no later than the 15th day after the date the request for
access to or copying of the information is received by the officer
for public information or the officer's agent.
      (b)  Section 552.351, Government Code, is amended by adding
Subsection (c) to read as follows:
      (c)  A violation under this section constitutes official
misconduct.
      (c)  This section of this Act takes effect September 1, 1999.
      (d)  The change in law made by Subsection (a) of this section
applies only to a request for access to or copying of public
information received by an officer for public information or the
officer's agent on or after September 1, 1999.
      (e)  The change in law made by Subsection (b) of this section
applies only to an offense committed on or after September 1, 1999.
An offense committed before September 1, 1999, is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.  For purposes of this
subsection, an offense was committed before September 1, 1999, if
any element of the offense was committed before that date.