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.