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.