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.
2-58 * * * * *