By: Carona S.B. No. 277
A BILL TO BE ENTITLED
AN ACT
1-1 relating to attorney general decisions requested under the open
1-2 records law and to the reconsideration of those decisions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (b), Section 552.301,
1-5 Government Code, is amended to read as follows:
1-6 (a)(1) A governmental body that receives a written request
1-7 for information that it wishes to withhold from public disclosure
1-8 and that it considers to be within one of the exceptions under
1-9 Subchapter C must ask for a decision from the attorney general
1-10 about whether the information is within that exception if there has
1-11 not been a previous determination about whether the information
1-12 falls within one of the exceptions.
1-13 (2) The governmental body must ask for the attorney
1-14 general's decision and state the exceptions that apply within a
1-15 reasonable time but not later than the 10th business day after the
1-16 date of receiving the written request.
1-17 (3) If the governmental body asks for an attorney
1-18 general's decision pursuant to this subsection, the governmental
1-19 body must provide to the requestor, within a reasonable time, but
1-20 not later than the 10th business day after the date of receiving a
1-21 written request for information:
1-22 (A) a written statement that the governmental
1-23 body wishes to withhold the requested information and has requested
1-24 a decision from the attorney general; and
2-1 (B) a copy of the governmental body's letter to
2-2 the attorney general asking for a decision under this subsection
2-3 stating the exceptions that apply, or a redacted copy of the letter
2-4 if the letter discloses the requested information.
2-5 (4) For purposes of this subchapter, a written request
2-6 includes a request made in writing that is sent to the officer for
2-7 public information, or the person designated by that officer, by
2-8 electronic mail or facsimile transmission.
2-9 (b) A governmental body that requests an attorney general
2-10 decision under Subsection (a) must within a reasonable time but not
2-11 later than the 15th business day after the date of receiving the
2-12 written request:
2-13 (1) submit to the attorney general:
2-14 (A) written comments stating the reasons why the
2-15 stated exceptions apply that would allow the information to be
2-16 withheld;
2-17 (B) [(2) submit to the attorney general] a copy
2-18 of the written request for information;
2-19 (C) a signed statement as to the date on which
2-20 the written request for information was received by the
2-21 governmental body or evidence sufficient to establish that date;
2-22 and
2-23 (D) [(3) submit to the attorney general] a copy
2-24 of the specific information requested, or submit representative
2-25 samples of the information if a voluminous amount of information
2-26 was requested; and
3-1 (2) [(4)] label that copy of the specific information,
3-2 or of the representative samples, to indicate which exceptions
3-3 apply to which parts of the copy.
3-4 SECTION 2. Section 552.302, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
3-7 GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
3-8 governmental body does not request an attorney general decision as
3-9 provided by Section 552.301 and provide the requestor with the
3-10 information required by Section 552.301(a), the information
3-11 requested in writing is presumed to be subject to required public
3-12 disclosure and must be released unless there is a compelling reason
3-13 to withhold the information [public information].
3-14 SECTION 3. Subsections (b), (c), and (e), Section 552.303,
3-15 Government Code, are amended to read as follows:
3-16 (b) The attorney general may determine whether a
3-17 governmental body's submission of information as required by
3-18 Section 552.301 is sufficient to render a decision.
3-19 (c) If [the governmental body failed to supply to] the
3-20 attorney general determines that [all of the specific] information
3-21 other than that required to be provided under Section 552.301 is
3-22 necessary to render a decision, the attorney general shall give
3-23 written notice of that fact to the governmental body and the
3-24 requestor.
3-25 (e) If a governmental body does not comply with Subsection
3-26 (d), the information that is the subject of a person's request to
4-1 the governmental body and regarding which the governmental body
4-2 fails to comply with Subsection (d) is presumed to be subject to
4-3 required public disclosure and must be released unless there is a
4-4 compelling reason to withhold the [public] information.
4-5 SECTION 4. Section 552.306, Government Code, is amended by
4-6 amending Subsection (a) and adding Subsection (c) to read as
4-7 follows:
4-8 (a) The attorney general shall promptly render a decision
4-9 requested under this subchapter, consistent with the standards of
4-10 due process, determining whether the requested information is
4-11 within one of the exceptions of Subchapter C. The attorney general
4-12 shall render the decision not later than the 45th [60th] working
4-13 day after the date the attorney general received the request for a
4-14 decision. If the attorney general is unable to issue the decision
4-15 within the 45-day [60-day] period, the attorney general may extend
4-16 the period for issuing the decision by an additional 10 [20]
4-17 working days by informing the governmental body and the requestor,
4-18 during the original 45-day [60-day] period, of the reason for the
4-19 delay.
4-20 (c) A governmental body is prohibited from requesting that
4-21 the attorney general reconsider a decision rendered by the attorney
4-22 general under this section.
4-23 SECTION 5. The changes in law made by this Act relating to a
4-24 request for a decision from the attorney general and to the period
4-25 in which the attorney general is required to render a decision
4-26 under the open records law apply only to a request for a decision
5-1 filed with the attorney general on or after the effective date of
5-2 this Act. A request for a decision filed with the attorney general
5-3 before the effective date of this Act is governed by the law in
5-4 effect immediately before the effective date of this Act, and the
5-5 former law is continued in effect for that purpose.
5-6 SECTION 6. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.