SRC-AXB C.S.S.B. 277 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 277
By: Carona
State Affairs
3/12/1999
Committee Report (Substituted)


DIGEST 

Currently, the attorney general is required to render a decision requested
under the open records law within 60 days.  This time limit can be extended
an additional 20 days by informing the requestor and the governmental body
within the original 60 days.  C.S.S.B. 277 requires the attorney general to
render decisions requested under the open records law within 45 days,
allows only a 10-day extension, and prohibits a request for reconsideration
of a decision. 

PURPOSE

As proposed, C.S.S.B. 277 expands provisions for a governmental body to
withhold certain requested information, reduces the amount of time within
which the attorney general is required to make a decision in an open
records request, and prohibits a request for reconsideration. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 552.301(a) and (b), Government Code, to require
a governmental body which is requested to provide information, to provide
the information requestor with certain documents relating to the process of
withholding information. Requires a governmental body requesting an
attorney general's decision to submit a signed statement which establishes
a certain date.  Makes conforming changes. 

SECTION 2.  Amends Section 552.302, Government Code, to provide that
certain information is presumed to be subject to required public
disclosure, rather than public information, under certain conditions, and
provides an exception.  Makes conforming changes. 

SECTION 3.  Amends Sections 552.303(b), (c), and (e), Government Code, to
require the attorney general to notify certain parties if the attorney
general determines that information provided by a governmental body is
insufficient to render a decision.  Provides that if a governmental body
fails to comply with Subsection (d), then certain information is subject to
required public disclosure, rather than presumed to be public information.
Makes conforming changes. 

SECTION 4.  Amends Section 552.306, Government Code, by amending Subsection
(a) and adding Subsection (c), as follows: 

(a)  Reduces the number of days within which the attorney general is
required to render a decision from 60 to 45, and reduces the extension days
from 20 to 10. 

(c)  Prohibits a governmental body from requesting a reconsideration of an
attorney general's decision rendered under this section. 

SECTION 5.Makes application of this Act prospective.

SECTION 6.Emergency clause.
  Effective date:  90 days after adjournment.
 
SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to provide that this Act relates to certain
attorney general decisions and to the reconsideration of those decisions.  

SECTION 1.

Amends Sections 552.301(a) and (b), Government Code, to require certain
actions of a governmental body that requests an attorney general's
decision.  

SECTION 2.

Amends Section 552.302, Government Code, to require public disclosure of
information a  
 governmental body wishes to withhold, under certain conditions.

SECTION 3.

Amends Sections 552.303(b), (c), and (e), Government Code, to require
certain actions of the attorney general, and requires public disclosure of
certain information, under certain conditions. 

SECTION 4.

Redesignates existing SECTION 2 to SECTION 4, increases the time frame
within which the attorney general is required to render a decision, and
prohibits a governmental body from requesting the attorney general to
reconsider a decision. 

SECTION 5.

Redesignates existing SECTION 2 as SECTION 5, and adds text from the
relating clause regarding changes in this Act. 

SECTION 6.

 Redesignates existing SECTION 3 as SECTION 6.