By Turner of Harris H.B. No. 2836 76R891 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment and duties of the position of public 1-3 information advocate within the office of the attorney general. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 552, Government Code, is 1-6 amended by adding Section 552.009 to read as follows: 1-7 Sec. 552.009. PUBLIC INFORMATION ADVOCATE WITHIN ATTORNEY 1-8 GENERAL'S OFFICE. (a) The position of public information advocate 1-9 is a position within the office of the attorney general. 1-10 (b) The advocate on request shall assist members of the 1-11 public who wish to make or who have made requests for public 1-12 information under this chapter. 1-13 (c) The attorney general shall provide a statewide toll-free 1-14 number by which members of the public may contact the advocate. 1-15 Each governmental body shall post the number at the place that the 1-16 governmental body is required to post a notice of a meeting under 1-17 Chapter 551. A governmental body that is not subject to Chapter 551 1-18 shall post the number at a place convenient to the public in or by 1-19 the administrative offices of the governmental body. A 1-20 governmental body shall post with the toll-free number a statement 1-21 of the advocate's title and a brief description, to be prescribed 1-22 by the attorney general, of the advocate's function. 1-23 (d) In addition to generally assisting members of the public 1-24 with problems and questions that arise under this chapter, the 2-1 advocate shall promptly review all requests by a governmental body 2-2 for a decision by the attorney general under Section 552.301. If in 2-3 the advocate's opinion all or part of the information requested 2-4 clearly does not fall within the stated exceptions to required 2-5 disclosure, the advocate shall recommend to the appropriate 2-6 division of the attorney general's office that the request for an 2-7 opinion should be promptly considered and that the attorney general 2-8 should promptly issue a brief opinion under Section 552.306 2-9 identifying the requested information that clearly is not excepted 2-10 from required disclosure. The attorney general may, in relation to 2-11 the same request for a decision under Section 552.301, issue a 2-12 brief expedited decision identifying requested information that 2-13 clearly is not excepted from required disclosure and issue later a 2-14 second opinion under Section 552.306 about the remainder of the 2-15 requested information. 2-16 (e) If, in the opinion of the advocate, a governmental 2-17 body's refusal to allow access to information requires court 2-18 action, the advocate shall recommend to the attorney general that a 2-19 suit for a writ of mandamus be filed under Section 552.321. 2-20 SECTION 2. Section 552.321, Government Code, is amended to 2-21 read as follows: 2-22 Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. A requestor or the 2-23 attorney general may file suit for a writ of mandamus compelling a 2-24 governmental body to make information available for public 2-25 inspection if the governmental body refuses to request an attorney 2-26 general's decision as provided by Subchapter G or refuses to 2-27 supply public information that is not excepted from required 3-1 disclosure or information that the attorney general has determined 3-2 is public information that is not excepted from required 3-3 disclosure. 3-4 SECTION 3. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted.