1-1     By:  Carona                                            S.B. No. 277
 1-2           (In the Senate - Filed January 26, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; March 15, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 277                    By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to attorney general decisions requested under the open
1-11     records law and to the reconsideration of those decisions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsections (a) and (b), Section 552.301,
1-14     Government Code, is amended to read as follows:
1-15           (a)(1)  A governmental body that receives a written request
1-16     for information that it wishes to withhold from public disclosure
1-17     and that it considers to be within one of the exceptions under
1-18     Subchapter C must ask for a decision from the attorney general
1-19     about whether the information is within that exception if there has
1-20     not been a previous determination about whether the information
1-21     falls within one of the exceptions.
1-22                 (2)  The governmental body must ask for the attorney
1-23     general's decision and state the exceptions that apply within a
1-24     reasonable time but not later than the 10th business day after the
1-25     date of receiving the written request.
1-26                 (3)  If the governmental body asks for an attorney
1-27     general's decision pursuant to this subsection, the governmental
1-28     body must provide to the requestor, within a reasonable time, but
1-29     not later than the 10th business day after the date of receiving a
1-30     written request for information:
1-31                       (A)  a written statement that the governmental
1-32     body wishes to withhold the requested information and has requested
1-33     a decision from the attorney general; and
1-34                       (B)  a copy of the governmental body's letter to
1-35     the attorney general explaining why particular exceptions to
1-36     disclosure apply, or a redacted copy of the letter if the letter
1-37     discloses the requested information.
1-38                 (4)  For purposes of this subchapter, a written request
1-39     includes a request made in writing that is sent to the officer for
1-40     public information, or the person designated by that officer, by
1-41     electronic mail or facsimile transmission.
1-42           (b)  A governmental body that requests an attorney general
1-43     decision under Subsection (a) must within a reasonable time but not
1-44     later than the 15th business day after the date of receiving the
1-45     written request:
1-46                 (1)  submit to the attorney general:
1-47                       (A)  written comments stating the reasons why the
1-48     stated exceptions apply that would allow the information to be
1-49     withheld;
1-50                       (B) [(2)  submit to the attorney general] a copy
1-51     of the written request for information;
1-52                       (C)  a signed statement as to the date on which
1-53     the written request for information was received by the
1-54     governmental body or evidence sufficient to establish that date;
1-55     and
1-56                       (D) [(3)  submit to the attorney general] a copy
1-57     of the specific information requested, or submit representative
1-58     samples of the information if a voluminous amount of information
1-59     was requested; and
1-60                 (2) [(4)]  label that copy of the specific information,
1-61     or of the representative samples, to indicate which exceptions
1-62     apply to which parts of the copy.
1-63           SECTION 2.  Section 552.302, Government Code, is amended to
1-64     read as follows:
 2-1           Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
 2-2     GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC.  If a
 2-3     governmental body does not request an attorney general decision as
 2-4     provided by Section 552.301 and provide the requestor with the
 2-5     information required by Section 552.301(a), the information
 2-6     requested in writing is presumed to be subject to required public
 2-7     disclosure and must be released unless there is a compelling reason
 2-8     to withhold the information [public information].
 2-9           SECTION 3.  Subsections (b), (c), and (e), Section 552.303,
2-10     Government Code, are amended to read as follows:
2-11           (b)  The attorney general may determine whether a
2-12     governmental body's submission of information as required by
2-13     Section 552.301 is sufficient to render a decision.
2-14           (c)  If [the governmental body failed to supply to] the
2-15     attorney general determines that [all of the specific] information
2-16     other than that required to be provided under Section 552.301 is
2-17     necessary to render a decision, the attorney general shall give
2-18     written notice of that fact to the governmental body and the
2-19     requestor.
2-20           (e)  If a governmental body does not comply with Subsection
2-21     (d), the information that is the subject of a person's request to
2-22     the governmental body and regarding which the governmental body
2-23     fails to comply with Subsection (d) is presumed to be subject to
2-24     required public disclosure and must be released unless there is a
2-25     compelling reason to withhold the [public] information.
2-26           SECTION 4.  Section 552.306, Government Code, is amended by
2-27     amending Subsection (a) and adding Subsection (c) to read as
2-28     follows:
2-29           (a)  The attorney general shall promptly render a decision
2-30     requested under this subchapter, consistent with the standards of
2-31     due process, determining whether the requested information is
2-32     within one of the exceptions of Subchapter C.  The attorney general
2-33     shall render the decision not later than the 45th [60th] working
2-34     day after the date the attorney general received the request for a
2-35     decision.  If the attorney general is unable to issue the decision
2-36     within the 45-day [60-day] period, the attorney general may extend
2-37     the period for issuing the decision by an additional 10 [20]
2-38     working days by informing the governmental body and the requestor,
2-39     during the original 45-day [60-day] period, of the reason for the
2-40     delay.
2-41           (c)  A governmental body is prohibited from requesting that
2-42     the attorney general reconsider a decision rendered by the attorney
2-43     general under this section.
2-44           SECTION 5.  The changes in law made by this Act relating to a
2-45     request for a decision from the attorney general and to the period
2-46     in which the attorney general is required to render a decision
2-47     under the open records law apply only to a request for a decision
2-48     filed with the attorney general on or after the effective date of
2-49     this Act.  A request for a decision filed with the attorney general
2-50     before the effective date of this Act is governed by the law in
2-51     effect immediately before the effective date of this Act, and the
2-52     former law is continued in effect for that purpose.
2-53           SECTION 6.  The importance of this legislation and the
2-54     crowded condition of the calendars in both houses create an
2-55     emergency and an imperative public necessity that the
2-56     constitutional rule requiring bills to be read on three several
2-57     days in each house be suspended, and this rule is hereby suspended.
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