HBA-DMD S.B. 1079 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1079
By: Shapleigh
State Affairs
5/6/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, there is no provision providing a toll-free number
for the attorney general's office in order for a person to make a request
under the Public Information Act or for a person whose request for
information has received an inadequate response. S.B. 1079 requires the
attorney general to provide a statewide toll-free number by which members
of the public may contact the open records division of the office of the
attorney general. This bill requires each governmental body to post the
toll-free number at a specified place. This bill also allows a requestor or
the attorney general to file suit for a writ of mandamus if the
governmental body refuses to make public or refuses to request a decision
from the attorney general for information that is not excepted from
required disclosure. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 552, Government Code, by adding
Section 552.009, as follows: 

Sec. 552.009. TOLL-FREE NUMBER; ATTORNEY GENERAL'S OFFICE. Requires the
attorney general to provide a statewide toll-free number by which members
of the public may contact the open records division of the office of the
attorney general. Requires each governmental body to post the number at the
place that the governmental body is required to post a notice of a meeting
under Chapter 551 (Open Meetings), Government Code. Requires a governmental
body that is not subject to Chapter 551 to post the number at a place
convenient to the public in or by the administrative offices of the
governmental body. Requires a governmental body to post with the toll-free
number a brief description, to be prescribed by the attorney general, of
the division's function. 

SECTION 2.  Section 552.321, Government Code, is amended to read as follows:

Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. Authorizes a requestor or the
attorney general to file suit for a writ of mandamus compelling a
governmental body to make information available for public inspection if
the governmental body refuses to request an attorney general's decision as
provided by Subchapter G (Attorney General Decisions), Chapter 552 (Public
Information), Government Code, or refuses to supply public information that
is not excepted from required disclosure or information that the attorney
general has determined is public information that is not excepted from
required disclosure. 

SECTION 3.Emergency clause.
  Effective date: upon passage.