Amend CSSB 1851 as follows:
(1) Strike SECTION 10 of the bill (Committee printing, page
4, line 69, through page 5, line 29) and substitute the following:
SECTION 10. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.132 to read as follows:
Sec. 552.132. EXCEPTION: CRIME VICTIM INFORMATION. (a) In
this section, "crime victim" means a victim under Subchapter B,
Chapter 56, Code of Criminal Procedure, who has filed an
application for compensation under that subchapter.
(b) A crime victim may elect whether to allow public access
to information held by the crime victim's compensation division of
the attorney general's office that relates to:
(1) the name, social security number, address, or
telephone number of the crime victim; or
(2) any other information the disclosure of which
would identify or tend to identify the crime victim.
(c) An election under Subsection (b) must be:
(1) made in writing on a form developed by the
attorney general for that purpose and signed by the crime victim;
and
(2) filed with the crime victim's compensation
division before the third anniversary of the date that the crime
victim filed the application for compensation.
(d) If the crime victim elects not to allow public access to
the information, the information is excepted from the requirements
of Section 552.021. If the crime victim does not make an election
under Subsection (b) or elects to allow public access to the
information, the information is not excepted from the requirements
of Section 552.021 unless the information is made confidential or
excepted from those requirements by another law.
(e) If the crime victim is awarded compensation under
Section 56.34, Code of Criminal Procedure, as of the date of the
award of compensation, the name of the crime victim and the amount
of compensation awarded to that victim are public information and
are not excepted from the requirements of Section 552.021.
(2) Insert the following new SECTION to the bill, to be
numbered appropriately, between existing SECTIONS 12 and 13 of the
bill (Committee printing, page 5, between lines 65 and 66):
SECTION ____. Subchapter E, Chapter 552, Government Code, is
amended by adding Section 552.232 to read as follows:
Sec. 552.232. RESPONDING TO REPETITIOUS OR REDUNDANT
REQUESTS. (a) A governmental body that determines that a requestor
has made a request for information for which the governmental body
has previously furnished copies to the requestor or made copies
available to the requestor on payment of applicable charges under
Subchapter F, shall respond to the request, in relation to the
information for which copies have been already furnished or made
available, in accordance with this section, except that:
(1) this section does not prohibit the governmental
body from furnishing the information or making the information
available to the requestor again in accordance with the request;
and
(2) the governmental body is not required to comply
with this section in relation to information that the governmental
body simply furnishes or makes available to the requestor again in
accordance with the request.
(b) The governmental body shall certify to the requestor
that copies of all or part of the requested information, as
applicable, were previously furnished to the requestor or made
available to the requestor on payment of applicable charges under
Subchapter F. The certification must include:
(1) a description of the information for which copies
have been previously furnished or made available to the requestor;
(2) the date that the governmental body received the
requestor's original request for that information;
(3) the date that the governmental body previously
furnished copies of or made available copies of the information to
the requestor;
(4) a certification that no subsequent additions,
deletions, or corrections have been made to that information; and
(5) the name, title, and signature of the officer for
public information or the officer's agent making the certification.
(c) A charge may not be imposed for making and furnishing a
certification required under Subsection (b).
(d) This section does not apply to information for which the
governmental body has not previously furnished copies to the
requestor or made copies available to the requestor on payment of
applicable charges under Subchapter F. A request by the requestor
for information for which copies have not previously been furnished
or made available to the requestor, including information for which
copies were not furnished or made available because the information
was redactred from other information that was furnished or made
available or because the information did not yet exist at the time
of an earlier request, shall be treated in the same manner as any
other request for information under this chapter.
(3) Insert the following new SECTION to the bill, to be
numbered appropriately, between existing SECTIONS 13 and 14 of the
bill (Committee printing, page 6, between lines 18 and 19):
SECTION ____. Subchapter F, Chapter 552, Government Code, is
amended by adding Section 552.2615 to read as follows:
Sec. 552.2615. REQUIRED ITEMIZED ESTIMATE OF CHARGES. (a)
If a request for a copy of public information will result in the
imposition of a charge under this subchapter that exceeds $40, or a
request to inspect a paper record will result in the imposition of
a charge under Section 552.271 that exceeds $40, the governmental
body shall provide the requestor with a written itemized statement
that details all estimated charges that will be imposed, including
any allowable charges for labor or personnel costs. If an
alternative less costly method of viewing the records is available,
the statement must include a notice that the requestor may contact
the governmental body regarding the alternative method. The
governmental body must inform the requestor of the duties imposed
on the requestor by this section and give the requestor the
information needed to respond, including:
(1) that the requestor must provide the governmental
body with a mailing, facsimile transmission, or electronic mail
address to receive the itemized statement and that it is the
requestor's choice which type of address to provide;
(2) that the request is considered automatically
withdrawn if the requestor does not respond in writing to the
itemized statement and any updated itemized statement in the time
and manner required by this section; and
(3) that the requestor may respond to the statement by
delivering the written response to the governmental body by mail,
in person, by facsimile transmission if the governmental body is
capable of receiving documents transmitted in that manner, or by
electronic mail if the governmental body has an electronic mail
address.
(b) A request described by Subsection (a) is considered to
have been withdrawn by the requestor if the requestor does not
respond in writing to the itemized statement by informing the
governmental body within 10 days after the date the statement is
sent to the requestor that:
(1) the requestor will accept the estimated charges;
or
(2) the requestor is modifying the request in response
to the itemized statement.
(c) If the governmental body later determines, but before it
makes the copy or the paper record available, that the estimated
charges will exceed the charges detailed in the written itemized
statement by 20 percent or more, the governmental body shall send
to the requestor a written updated itemized statement that details
all estimated charges that will be imposed, including any allowable
charges for labor or personnel costs. If the requestor does not
respond in writing to the updated estimate in the time and manner
described by Subsection (b), the request is considered to have been
withdrawn by the requestor.
(d) If the actual charges that a governmental body imposes
for a copy of public information, or for inspecting a paper record
under Section 552.271, exceeds $40, the charges may not exceed:
(1) the amount estimated in the updated itemized
statement; or
(2) if an updated itemized statement is not sent to
the requestor, an amount that exceeds by 20 percent or more the
amount estimated in the itemized statement.
(e) An itemized statement or updated itemized statement is
considered to have been sent by the governmental body to the
requestor on the date that:
(1) the statement is delivered to the requestor in
person;
(2) the governmental body deposits the properly
addressed statement in the United States mail; or
(3) the governmental body transmits the properly
addressed statement by electronic mail or facsimile transmission,
if the requestor agrees to receive the statement by electronic mail
or facsimile transmission, as applicable.
(f) A requestor is considered to have responded to the
itemized statement or the updated itemized statement on the date
that:
(1) the response is delivered to the governmental body
in person;
(2) the requestor deposits the properly addressed
response in the United States mail; or
(3) the requestor transmits the properly addressed
response to the governmental body by electronic mail or facsimile
transmission.
(g) The time deadlines imposed by this section do not affect
the application of a time deadline imposed on a governmental body
under Subchapter G.
(4) In SECTION 15 of the bill, in Section 552.263(a),
Government Code, insert the following between "copy of public
information" and "if the charge for" (Committee printing, page 7,
line 12):
if the officer for public information or the officer's agent has
provided the requestor with the required written itemized statement
detailing the estimated charge for providing the copy and
(5) In SECTION 15 of the bill, add the following to the end
of Section 552.263(c), Government Code (Committee printing, page 7,
line 24):
The officer for public information or the officer's agent may not
seek payment of those unpaid amounts through any other means.
(6) In SECTION 15 of the bill, in proposed Section
552.263(e), Government Code (Committee printing, page 7, line 30),
strike "(e) For purposes of Subchapters E and G," and substitute
"(e) For purposes of Subchapter E,".
(7) In SECTION 18 of the bill, strike the added Section
552.301(g), Government Code (Committee printing, page 9, lines 8
and 9).
(8) Strike SECTION 19 of the bill (Committee printing, page
9, lines 10-43).
(9) Add the following new SECTION to the bill, to be
numbered appropriately:
SECTION ____. Section 552.302, Government Code, is amended to
read as follows:
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
governmental body does not request an attorney general decision as
provided by Section 552.301 and provide the requestor with the
information required by Section 552.301(d) <552.301(a)>, the
information requested in writing is presumed to be subject to
required public disclosure and must be released unless there is a
compelling reason to withhold the information <public information>.
(10) In SECTION 21 of the bill, in added Section 552.3035,
Government Code, strike "or Section 552.303(d)" (Committee
printing, page 10, line 7).
(11) Strike SECTION 22 of the bill (Committee printing, page
10, lines 8-55) and substitute the following:
SECTION 22. Section 552.305, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) If release of a person's proprietary information may be
subject to exception under Section 552.101, 552.110, 552.113, or
552.131, the governmental body that requests an attorney general
decision under Section 552.301 shall make a good faith attempt to
notify that person of the request for the attorney general
decision. Notice under this subsection must:
(1) be in writing and sent within a reasonable time
not later than the 10th business day after the date the
governmental body receives the request for the information; and
(2) include:
(A) a copy of the written request for the
information, if any, received by the governmental body; and
(B) a statement, in the form prescribed by the
attorney general, that the person is entitled to submit in writing
to the attorney general within a reasonable time not later than the
10th business day after the date the person receives the notice:
(i) each reason the person has as to why
the information should be withheld; and
(ii) a letter, memorandum, or brief in
support of that reason.
(e) A person who submits a letter, memorandum, or brief to
the attorney general under Subsection (d) shall send a copy of that
letter, memorandum, or brief to the person who requested the
information from the governmental body. If the letter, memorandum,
or brief submitted to the attorney general contains the substance
of the information requested, the copy of the letter, memorandum,
or brief may be a redacted copy.
(12) In SECTION 27 of the bill, in amended Section
552.323(a), Government Code, strike the colon and everything in
Section 552.323(a) that follows the colon (Committee printing, page
12, the end of line 59 through page 13, line 2) and substitute the
following:
against a governmental body if the court finds that the
governmental body acted in reasonable reliance on:
(1) a judgment or an order of a court applicable to
the governmental body;
(2) the published opinion of an appellate court; or
(3) a written decision of the attorney general,
including a decision issued under Subchapter G or an opinion issued
under Section 402.042.
(13) Renumber the SECTIONS of the bill appropriately.