SRC-ARR S.B. 1079 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1079
76R891 JRD-DBy: Shapleigh
State Affairs
4/20/1999
As Filed


DIGEST 

Currently, Texas law does not provide for a centralized position in state
government to assist members of the public who wish to make a request under
the Public Information Act or whose request for information has received an
inadequate response. There is no centralized position to expedite requests
by government bodies for a decision regarding exceptions to the Public
Information Act. S.B. 1079 would create the position of Public Information
Advocate within the Office of the Attorney General to  assist members of
the public with information requests by governmental bodies for decisions
regarding exceptions to the Public Information Act. 

PURPOSE

As proposed, S.B. 1079 establishes duties for the position of public
information advocate within the office of the attorney general. 

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 Chapter 552A, Government Code, by adding Section 552.009,
as follows: 

Sec. 552.009. PUBLIC INFORMATION ADVOCATE WITHIN ATTORNEY GENERAL'S OFFICE.
Provides that the position of public information advocate is a position
within the office of the attorney general. Requires the advocate on request
to assist members of the public who wish to make or who made requests for
public information under this chapter. Requires the attorney general to
provide a statewide toll-free number by which members of  the public may
contract the advocate. Requires each governmental body to post the number
at the place required to of a meeting under Chapter 551. 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 the governmental body to post, with the
toll-free number, a statement of the advocate's title and a brief
description, to be prescribed by the attorney general, of the advocate's
function. Sets forth certain duties of the advocate. Authorizes the
attorney general, in relation to the same request for a decision under
Section 552.301, to issue a brief expedited decision identifying requested
information that clearly is not excepted from required disclosure and issue
later a second opinion under Section 552.306 about the remainder of the
requested information. Requires the advocate to recommend to the attorney
general that a suit for a writ of mandamus be filed under Section 552.321,
if in the opinion of the advocate, a governmental body's refusal to allow
access to information requires court action. 

SECTION 2. Amends Section 552.321, Government Code, to authorize 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 or refuse to supply public
information that is not expected from required disclosure or information. 

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