By: Wentworth, et al. S.B. No. 1851
A BILL TO BE ENTITLED
AN ACT
1-1 relating to public access to governmental information and
1-2 decisions, including revisions to the public information law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 552, Government Code, is
1-5 amended by adding Section 552.0035 to read as follows:
1-6 Sec. 552.0035. ACCESS TO INFORMATION OF JUDICIARY.
1-7 (a) Access to information collected, assembled, or maintained by
1-8 or for the judiciary is governed by rules adopted by the Supreme
1-9 Court of Texas or by other applicable laws and rules.
1-10 (b) This section does not address whether information is
1-11 considered to be information collected, assembled, or maintained by
1-12 or for the judiciary.
1-13 SECTION 2. Subchapter A, Chapter 552, Government Code, is
1-14 amended by adding Section 552.0055 to read as follows:
1-15 Sec. 552.0055. SUBPOENA DUCES TECUM OR DISCOVERY REQUEST. A
1-16 subpoena duces tecum or a request for discovery that is issued in
1-17 compliance with a statute or a rule of civil or criminal procedure
1-18 is not considered to be a request for information under this
1-19 chapter.
1-20 SECTION 3. Subchapter A, Chapter 552, Government Code, is
1-21 amended by adding Sections 552.009 and 552.010 to read as follows:
1-22 Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO
1-23 COMMISSION; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.
1-24 (a) The open records steering committee is composed of:
2-1 (1) a representative of each of the following,
2-2 appointed by its governing entity:
2-3 (A) the attorney general's office;
2-4 (B) the comptroller's office;
2-5 (C) the Department of Public Safety;
2-6 (D) the Department of Information Resources;
2-7 (E) the Texas State Library and Archives
2-8 Commission; and
2-9 (F) the General Services Commission;
2-10 (2) five public members, appointed by the General
2-11 Services Commission; and
2-12 (3) a representative of each of the following types of
2-13 local governments, appointed by the General Services Commission:
2-14 (A) a municipality;
2-15 (B) a county; and
2-16 (C) a school district.
2-17 (b) The representative of the General Services Commission is
2-18 the presiding officer of the committee. The committee shall meet
2-19 as prescribed by committee procedures or at the call of the
2-20 presiding officer.
2-21 (c) The committee shall advise the General Services
2-22 Commission regarding the commission's performance of its duties
2-23 under this chapter.
2-24 (d) The members of the committee who represent state
2-25 governmental bodies and the public members of the committee shall
2-26 periodically study and determine the types of public information
3-1 for which it would be useful to the public or cost-effective for
3-2 the government if the type of information were made available by
3-3 state governmental bodies by means of the Internet or another
3-4 electronic format. The committee shall report its findings and
3-5 recommendations to the governor, the presiding officer of each
3-6 house of the legislature, and the budget committee and state
3-7 affairs committee of each house of the legislature.
3-8 (e) Chapter 2110 does not apply to the size, composition, or
3-9 duration of the committee. Chapter 2110 applies to the
3-10 reimbursement of a public member's expenses related to service on
3-11 the committee. Any reimbursement of the expenses of a member who
3-12 represents a state or local governmental body may be paid only from
3-13 funds available to the state or local governmental body the member
3-14 represents.
3-15 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
3-16 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
3-17 state governmental body shall report to the Legislative Budget
3-18 Board the information the board requires regarding:
3-19 (1) the number and nature of requests for information
3-20 the state governmental body processes under this chapter in the
3-21 period covered by the report; and
3-22 (2) the cost to the state governmental body in that
3-23 period in terms of capital expenditures and personnel time of:
3-24 (A) responding to requests for information under
3-25 this chapter; and
3-26 (B) making information available to the public
4-1 by means of the Internet or another electronic format.
4-2 (b) The Legislative Budget Board shall design and phase in
4-3 the reporting requirements in a way that:
4-4 (1) minimizes the reporting burden on state
4-5 governmental bodies; and
4-6 (2) allows the legislature and state governmental
4-7 bodies to estimate the extent to which it is cost-effective for
4-8 state government, and if possible the extent to which it is
4-9 cost-effective or useful for members of the public, to make
4-10 information available to the public by means of the Internet or
4-11 another electronic format as a supplement or alternative to
4-12 publicizing the information only in other ways or making the
4-13 information available only in response to requests made under this
4-14 chapter.
4-15 (c) The open records steering committee and the state
4-16 auditor, at the request of the Legislative Budget Board, shall
4-17 assist the board in designing its reporting requirements under this
4-18 section. The board shall share the information reported under this
4-19 section with the open records steering committee.
4-20 SECTION 4. Subchapter A, Chapter 552, Government Code, is
4-21 amended by adding Section 552.011 to read as follows:
4-22 Sec. 552.011. UNIFORMITY. The attorney general shall
4-23 maintain uniformity in the application, operation, and
4-24 interpretation of this chapter. To perform this duty, the attorney
4-25 general may prepare, distribute, and publish any materials,
4-26 including detailed and comprehensive written decisions and
5-1 opinions, that relate to or are based on this chapter.
5-2 SECTION 5. Section 552.022, Government Code, is amended to
5-3 read as follows:
5-4 Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
5-5 (a) Without limiting the amount or kind of information that is
5-6 public information under this chapter, the following categories of
5-7 information are public information and not excepted from required
5-8 disclosure under this chapter unless they are expressly
5-9 confidential under other law:
5-10 (1) a completed report, audit, evaluation, or
5-11 investigation made of, for, or by a governmental body, except as
5-12 provided by Section 552.108;
5-13 (2) the name, sex, ethnicity, salary, title, and dates
5-14 of employment of each employee and officer of a governmental body;
5-15 (3) information in an account, voucher, or contract
5-16 relating to the receipt or expenditure of public or other funds by
5-17 a governmental body[, if the information is not otherwise made
5-18 confidential by law];
5-19 (4) the name of each official and the final record of
5-20 voting on all proceedings in a governmental body;
5-21 (5) all working papers, research material, and
5-22 information used to estimate the need for or expenditure of public
5-23 funds or taxes by a governmental body, on completion of the
5-24 estimate;
5-25 (6) the name, place of business, and the name of the
5-26 municipality to which local sales and use taxes are credited, if
6-1 any, for the named person, of a person reporting or paying sales
6-2 and use taxes under Chapter 151, Tax Code;
6-3 (7) a description of an agency's central and field
6-4 organizations [organization], including:
6-5 (A) the established places at which the public
6-6 may obtain information, submit information or requests, or obtain
6-7 decisions;
6-8 (B) the employees from whom the public may
6-9 obtain information, submit information or requests, or obtain
6-10 decisions;
6-11 (C) in the case of a uniformed service, the
6-12 members from whom the public may obtain information, submit
6-13 information or requests, or obtain decisions; and
6-14 (D) the methods by which the public may obtain
6-15 information, submit information or requests, or obtain decisions;
6-16 (8) a statement of the general course and method by
6-17 which an agency's functions are channeled and determined, including
6-18 the nature and requirements of all formal and informal policies and
6-19 procedures;
6-20 (9) a rule of procedure, a description of forms
6-21 available or the places at which forms may be obtained, and
6-22 instructions relating to the scope and content of all papers,
6-23 reports, or examinations;
6-24 (10) a substantive rule of general applicability
6-25 adopted or issued by an agency as authorized by law, and a
6-26 statement of general policy or interpretation of general
7-1 applicability formulated and adopted by an agency;
7-2 (11) each amendment, revision, or repeal of
7-3 information described by Subdivisions (7)-(10);
7-4 (12) final opinions, including concurring and
7-5 dissenting opinions, and orders issued in the adjudication of
7-6 cases;
7-7 (13) a policy statement or interpretation that has
7-8 been adopted or issued by an agency;
7-9 (14) administrative staff manuals and instructions to
7-10 staff that affect a member of the public;
7-11 (15) information regarded as open to the public under
7-12 an agency's policies;
7-13 (16) information that is in a bill for attorney's fees
7-14 and that is not privileged under the attorney-client privilege [or
7-15 confidential under other law];
7-16 (17) information that is also contained in a public
7-17 court record; and
7-18 (18) a settlement agreement to which a governmental
7-19 body is a party [unless the agreement is confidential under other
7-20 law].
7-21 (b) A court in this state may not order a governmental body
7-22 or an officer for public information to withhold from public
7-23 inspection any category of public information described by
7-24 Subsection (a) or to not produce the category of public information
7-25 for inspection or duplication, unless the category of information
7-26 is expressly made confidential under other law.
8-1 SECTION 6. Section 552.103, Government Code, is amended by
8-2 amending Subsection (a) and adding Subsection (c) to read as
8-3 follows:
8-4 (a) Information is excepted from the requirements of Section
8-5 552.021 if it is information[:]
8-6 [(1)] relating to litigation of a civil or criminal
8-7 nature [or settlement negotiations,] to which the state or a
8-8 political subdivision is or may be a party or to which an officer
8-9 or employee of the state or a political subdivision, as a
8-10 consequence of the person's office or employment, is or may be a
8-11 party[; and]
8-12 [(2) that the attorney general or the attorney of the
8-13 political subdivision has determined should be withheld from public
8-14 inspection].
8-15 (c) Information relating to litigation involving a
8-16 governmental body or an officer or employee of a governmental body
8-17 is excepted from disclosure under Subsection (a) only if the
8-18 litigation is pending or reasonably anticipated on the date that
8-19 the requestor applies to the officer for public information for
8-20 access to or duplication of the information.
8-21 SECTION 7. Section 552.110, Government Code, is amended to
8-22 read as follows:
8-23 Sec. 552.110. EXCEPTION: TRADE SECRETS; CERTAIN[,]
8-24 COMMERCIAL [INFORMATION,] OR FINANCIAL INFORMATION. (a) A trade
8-25 secret [or commercial or financial information] obtained from a
8-26 person and privileged or confidential by statute or judicial
9-1 decision is excepted from the requirements of Section 552.021.
9-2 (b) Commercial or financial information for which it is
9-3 demonstrated based on specific factual evidence that disclosure
9-4 would cause substantial competitive harm to the person from whom
9-5 the information was obtained is excepted from the requirements of
9-6 Section 552.021.
9-7 SECTION 8. Section 552.116, Government Code, is amended to
9-8 read as follows:
9-9 Sec. 552.116. EXCEPTION: AUDIT WORKING PAPERS. (a) An
9-10 audit working paper of an [or draft] audit [report] of the state
9-11 auditor or the auditor of a [another] state agency or institution
9-12 of higher education as defined by Section 61.003, Education Code,
9-13 is excepted from the requirements of Section 552.021. If
9-14 information in an audit working paper is also maintained in another
9-15 record, that other record is not excepted from the requirements of
9-16 Section 552.021 by this section.
9-17 (b) In this section:
9-18 (1) "Audit" means an audit authorized or required by a
9-19 statute of this state or the United States and includes an
9-20 investigation.
9-21 (2) "Audit working paper" includes all information,
9-22 documentary or otherwise, prepared or maintained in conducting an
9-23 audit or preparing an audit report, including:
9-24 (A) intra-agency and interagency communications;
9-25 and
9-26 (B) drafts of the audit report or portions of
10-1 those drafts.
10-2 SECTION 9. Subchapter C, Chapter 552, Government Code, is
10-3 amended by adding Section 552.131 to read as follows:
10-4 Sec. 552.131. EXCEPTION: ECONOMIC DEVELOPMENT INFORMATION.
10-5 (a) Information is excepted from the requirements of Section
10-6 552.021 if the information relates to economic development
10-7 negotiations involving a governmental body and a business prospect
10-8 that the governmental body seeks to have locate, stay, or expand in
10-9 or near the territory of the governmental body and the information
10-10 relates to:
10-11 (1) a trade secret of the business prospect; or
10-12 (2) commercial or financial information for which it
10-13 is demonstrated based on specific factual evidence that disclosure
10-14 would cause substantial competitive harm to the person from whom
10-15 the information was obtained.
10-16 (b) Unless and until an agreement is made with the business
10-17 prospect, information about a financial or other incentive being
10-18 offered to the business prospect by the governmental body or by
10-19 another person is excepted from the requirements of Section
10-20 552.021.
10-21 (c) After an agreement is made with the business prospect,
10-22 this section does not except from the requirements of Section
10-23 552.021 information about a financial or other incentive being
10-24 offered to the business prospect:
10-25 (1) by the governmental body; or
10-26 (2) by another person, if the financial or other
11-1 incentive may directly or indirectly result in the expenditure of
11-2 public funds by a governmental body or a reduction in revenue
11-3 received by a governmental body from any source.
11-4 SECTION 10. Subchapter C, Chapter 552, Government Code, is
11-5 amended by adding Section 552.132 to read as follows:
11-6 Sec. 552.132. EXCEPTION: CRIME VICTIM INFORMATION. (a) In
11-7 this section, "crime victim" means a victim under Subchapter B,
11-8 Chapter 56, Code of Criminal Procedure, who has filed an
11-9 application for compensation under that subchapter.
11-10 (b) A crime victim may elect whether to allow public access
11-11 to information held by the crime victim's compensation division of
11-12 the attorney general's office that relates to:
11-13 (1) the name, social security number, address, or
11-14 telephone number of the crime victim; or
11-15 (2) any other information the disclosure of which
11-16 would identify or tend to identify the crime victim.
11-17 (c) An election under Subsection (b) must be:
11-18 (1) made in writing on a form developed by the
11-19 attorney general for that purpose and signed by the crime victim;
11-20 and
11-21 (2) filed with the crime victims' compensation
11-22 division before the third anniversary of the date that the crime
11-23 victim filed the application for compensation.
11-24 (d) If the crime victim elects not to allow public access to
11-25 the information, the information is excepted from the requirements
11-26 of Section 552.021. If the crime victim does not make an election
12-1 under Subsection (b) or elects to allow public access to the
12-2 information, the information is not excepted from the requirements
12-3 of Section 552.021 unless the information is made confidential or
12-4 excepted from those requirements by another law.
12-5 (e) If the crime victim is awarded compensation under
12-6 Section 56.34, Code of Criminal Procedure, as of the date of the
12-7 award of compensation, the name of the crime victim and the amount
12-8 of compensation awarded to that victim are public information and
12-9 are not excepted from the requirements of Section 552.021.
12-10 SECTION 11. Subchapter D, Chapter 552, Government Code, is
12-11 amended by adding Section 552.205 to read as follows:
12-12 Sec. 552.205. INFORMING PUBLIC OF BASIC RIGHTS AND
12-13 RESPONSIBILITIES UNDER THIS CHAPTER. (a) An officer for public
12-14 information shall prominently display a sign in the form prescribed
12-15 by the General Services Commission that contains basic information
12-16 about the rights of a requestor, the responsibilities of a
12-17 governmental body, and the procedures for inspecting or obtaining a
12-18 copy of public information under this chapter. The officer shall
12-19 display the sign at one or more places in the administrative
12-20 offices of the governmental body where it is plainly visible to:
12-21 (1) members of the public who request public
12-22 information in person under this chapter; and
12-23 (2) employees of the governmental body whose duties
12-24 include receiving or responding to requests under this chapter.
12-25 (b) The General Services Commission by rule shall prescribe
12-26 the content of the sign and the size, shape, and other physical
13-1 characteristics of the sign. In prescribing the content of the
13-2 sign, the commission shall include plainly written basic
13-3 information about the rights of a requestor, the responsibilities
13-4 of a governmental body, and the procedures for inspecting or
13-5 obtaining a copy of public information under this chapter that, in
13-6 the opinion of the commission, is most useful for requestors to
13-7 know and for employees of governmental bodies who receive or
13-8 respond to requests for public information to know.
13-9 SECTION 12. Subsection (b), Section 552.221, Government
13-10 Code, is amended to read as follows:
13-11 (b) An officer for public information complies with
13-12 Subsection (a) by:
13-13 (1) providing the public information for inspection or
13-14 duplication in the offices of the governmental body; or
13-15 (2) sending copies of the public information by first
13-16 class United States mail if the person requesting the information
13-17 requests that copies be provided [by mail] and pays [agrees to pay]
13-18 the postage and any other applicable charges that the requestor has
13-19 accrued under Subchapter F.
13-20 SECTION 13. Subchapter E, Chapter 552, Government Code, is
13-21 amended by adding Section 552.232 to read as follows:
13-22 Sec. 552.232. RESPONDING TO REPETITIOUS OR REDUNDANT
13-23 REQUESTS. (a) A governmental body that determines that a
13-24 requestor has made a request for information for which the
13-25 governmental body has previously furnished copies to the requestor
13-26 or made copies available to the requestor on payment of applicable
14-1 charges under Subchapter F, shall respond to the request, in
14-2 relation to the information for which copies have been already
14-3 furnished or made available, in accordance with this section,
14-4 except that:
14-5 (1) this section does not prohibit the governmental
14-6 body from furnishing the information or making the information
14-7 available to the requestor again in accordance with the request;
14-8 and
14-9 (2) the governmental body is not required to comply
14-10 with this section in relation to information that the governmental
14-11 body simply furnishes or makes available to the requestor again in
14-12 accordance with the request.
14-13 (b) The governmental body shall certify to the requestor
14-14 that copies of all or part of the requested information, as
14-15 applicable, were previously furnished to the requestor or made
14-16 available to the requestor on payment of applicable charges under
14-17 Subchapter F. The certification must include:
14-18 (1) a description of the information for which copies
14-19 have been previously furnished or made available to the requestor;
14-20 (2) the date that the governmental body received the
14-21 requestor's original request for that information;
14-22 (3) the date that the governmental body previously
14-23 furnished copies of or made available copies of the information to
14-24 the requestor;
14-25 (4) a certification that no subsequent additions,
14-26 deletions, or corrections have been made to that information; and
15-1 (5) the name, title, and signature of the officer for
15-2 public information or the officer's agent making the certification.
15-3 (c) A charge may not be imposed for making and furnishing a
15-4 certification required under Subsection (b).
15-5 (d) This section does not apply to information for which the
15-6 governmental body has not previously furnished copies to the
15-7 requestor or made copies available to the requestor on payment of
15-8 applicable charges under Subchapter F. A request by the requestor
15-9 for information for which copies have not previously been furnished
15-10 or made available to the requestor, including information for which
15-11 copies were not furnished or made available because the information
15-12 was redacted from other information that was furnished or made
15-13 available or because the information did not yet exist at the time
15-14 of an earlier request, shall be treated in the same manner as any
15-15 other request for information under this chapter.
15-16 SECTION 14. Section 552.261, Government Code, is amended by
15-17 amending Subsection (a) and adding Subsections (c) and (d) to read
15-18 as follows:
15-19 (a) The charge for providing a copy of public information
15-20 shall be an amount that reasonably includes all costs related to
15-21 reproducing the public information, including costs of materials,
15-22 labor, and overhead. If a request is for 50 or fewer pages of
15-23 paper records, the charge for providing the copy of the public
15-24 information may not include costs of materials, labor, or overhead,
15-25 but shall be limited to the photocopying costs, unless the pages to
15-26 be photocopied are located in:
16-1 (1) two or more separate buildings that are not
16-2 physically connected with each other [than one building]; or
16-3 (2) a remote storage facility.
16-4 (c) For purposes of Subsection (a), a connection of two
16-5 buildings by a covered or open sidewalk, an elevated or underground
16-6 passageway, or a similar facility is insufficient to cause the
16-7 buildings to be considered separate buildings.
16-8 (d) Charges for providing a copy of public information are
16-9 considered to accrue at the time the governmental body advises the
16-10 requestor that the copy is available on payment of the applicable
16-11 charges.
16-12 SECTION 15. Subchapter F, Chapter 552, Government Code, is
16-13 amended by adding Section 552.2615 to read as follows:
16-14 Sec. 552.2615. REQUIRED ITEMIZED ESTIMATE OF CHARGES.
16-15 (a) If a request for a copy of public information will result in
16-16 the imposition of a charge under this subchapter that exceeds $40,
16-17 or a request to inspect a paper record will result in the
16-18 imposition of a charge under Section 552.271 that exceeds $40, the
16-19 governmental body shall provide the requestor with a written
16-20 itemized statement that details all estimated charges that will be
16-21 imposed, including any allowable charges for labor or personnel
16-22 costs. If an alternative less costly method of viewing the records
16-23 is available, the statement must include a notice that the
16-24 requestor may contact the governmental body regarding the
16-25 alternative method. The governmental body must inform the
16-26 requestor of the duties imposed on the requestor by this section
17-1 and give the requestor the information needed to respond,
17-2 including:
17-3 (1) that the requestor must provide the governmental
17-4 body with a mailing, facsimile transmission, or electronic mail
17-5 address to receive the itemized statement and that it is the
17-6 requestor's choice which type of address to provide;
17-7 (2) that the request is considered automatically
17-8 withdrawn if the requestor does not respond in writing to the
17-9 itemized statement and any updated itemized statement in the time
17-10 and manner required by this section; and
17-11 (3) that the requestor may respond to the statement by
17-12 delivering the written response to the governmental body by mail,
17-13 in person, by facsimile transmission if the governmental body is
17-14 capable of receiving documents transmitted in that manner, or by
17-15 electronic mail if the governmental body has an electronic mail
17-16 address.
17-17 (b) A request described by Subsection (a) is considered to
17-18 have been withdrawn by the requestor if the requestor does not
17-19 respond in writing to the itemized statement by informing the
17-20 governmental body within 10 days after the date the statement is
17-21 sent to the requestor that:
17-22 (1) the requestor will accept the estimated charges;
17-23 or
17-24 (2) the requestor is modifying the request in response
17-25 to the itemized statement.
17-26 (c) If the governmental body later determines, but before it
18-1 makes the copy or the paper record available, that the estimated
18-2 charges will exceed the charges detailed in the written itemized
18-3 statement by 20 percent or more, the governmental body shall send
18-4 to the requestor a written updated itemized statement that details
18-5 all estimated charges that will be imposed, including any allowable
18-6 charges for labor or personnel costs. If the requestor does not
18-7 respond in writing to the updated estimate in the time and manner
18-8 described by Subsection (b), the request is considered to have been
18-9 withdrawn by the requestor.
18-10 (d) If the actual charges that a governmental body imposes
18-11 for a copy of public information, or for inspecting a paper record
18-12 under Section 552.271, exceeds $40, the charges may not exceed:
18-13 (1) the amount estimated in the updated itemized
18-14 statement; or
18-15 (2) if an updated itemized statement is not sent to
18-16 the requestor, an amount that exceeds by 20 percent or more the
18-17 amount estimated in the itemized statement.
18-18 (e) An itemized statement or updated itemized statement is
18-19 considered to have been sent by the governmental body to the
18-20 requestor on the date that:
18-21 (1) the statement is delivered to the requestor in
18-22 person;
18-23 (2) the governmental body deposits the properly
18-24 addressed statement in the United States mail; or
18-25 (3) the governmental body transmits the properly
18-26 addressed statement by electronic mail or facsimile transmission,
19-1 if the requestor agrees to receive the statement by electronic mail
19-2 or facsimile transmission, as applicable.
19-3 (f) A requestor is considered to have responded to the
19-4 itemized statement or the updated itemized statement on the date
19-5 that:
19-6 (1) the response is delivered to the governmental body
19-7 in person;
19-8 (2) the requestor deposits the properly addressed
19-9 response in the United States mail; or
19-10 (3) the requestor transmits the properly addressed
19-11 response to the governmental body by electronic mail or facsimile
19-12 transmission.
19-13 (g) The time deadlines imposed by this section do not affect
19-14 the application of a time deadline imposed on a governmental body
19-15 under Subchapter G.
19-16 SECTION 16. Subsections (a), (b), (c), and (d), Section
19-17 552.262, Government Code, are amended to read as follows:
19-18 (a) The General Services Commission shall adopt rules for
19-19 use by each governmental body in determining charges for providing
19-20 copies of public information under this subchapter and in
19-21 determining the charge, deposit, or bond required for making public
19-22 information that exists in a paper record available for inspection
19-23 as authorized by Sections 552.271(c) and (d). The rules adopted by
19-24 the General Services Commission shall be used by each governmental
19-25 body in determining charges for providing copies of public
19-26 information and in determining the charge, deposit, or bond
20-1 required for making public information that exists in a paper
20-2 record available for inspection, except to the extent that other
20-3 law provides for charges for specific kinds of public information.
20-4 The charges for providing copies of public information may not be
20-5 excessive and may not exceed the actual cost of producing the
20-6 information or for making public information that exists in a paper
20-7 record available. A governmental body, other than an agency of
20-8 state government, may determine its own charges for providing
20-9 copies of public information and its own charge, deposit, or bond
20-10 for making public information that exists in a paper record
20-11 available for inspection but may [shall] not charge an amount that
20-12 is greater than 25 percent more than the amount established by the
20-13 General Services Commission unless the governmental body requests
20-14 an exemption under Subsection (c).
20-15 (b) The rules of the General Services Commission shall
20-16 prescribe the methods for computing the charges for providing
20-17 copies of public information in paper, electronic, and other kinds
20-18 of media and the charge, deposit, or bond required for making
20-19 public information that exists in a paper record available for
20-20 inspection. The rules shall establish costs for various components
20-21 of charges for providing copies of public information that shall be
20-22 used by each governmental body in providing copies of public
20-23 information or making public information that exists in a paper
20-24 record available for inspection.
20-25 (c) A governmental body may request that it be exempt from
20-26 part or all of the rules adopted by the General Services Commission
21-1 for determining charges for providing copies of public information
21-2 or the charge, deposit, or bond required for making public
21-3 information that exists in a paper record available for inspection.
21-4 The request must be made in writing to the General Services
21-5 Commission and must state the reason for the exemption. If the
21-6 General Services Commission determines that good cause exists for
21-7 exempting a governmental body from a part or all of the rules, the
21-8 commission shall give written notice of the determination to the
21-9 governmental body within 90 days of the request. On receipt of the
21-10 determination, the governmental body may amend its charges for
21-11 providing copies of public information or its charge, deposit, or
21-12 bond required for making public information that exists in a paper
21-13 record available for inspection according to the determination of
21-14 the General Services Commission.
21-15 (d) The General Services Commission shall publish annually
21-16 in the Texas Register a list of the governmental bodies that have
21-17 authorization from the General Services Commission to adopt any
21-18 modified rules for determining the cost of providing copies of
21-19 public information or making public information that exists in a
21-20 paper record available for inspection.
21-21 SECTION 17. Section 552.263, Government Code, is amended by
21-22 amending Subsection (a) and adding Subsections (c), (d), and (e) to
21-23 read as follows:
21-24 (a) An officer for public information or the officer's agent
21-25 may require a deposit or bond for payment of anticipated costs for
21-26 the preparation of a copy of public information if the officer for
22-1 public information or the officer's agent has provided the
22-2 requestor with the required written itemized statement detailing
22-3 the estimated charge for providing the copy and if the charge for
22-4 providing the copy of the public information specifically requested
22-5 by the requestor is estimated by the governmental body to exceed:
22-6 (1) $100, if the governmental body has more than 15
22-7 full-time employees; or
22-8 (2) $50, if the governmental body has fewer than 16
22-9 full-time employees.
22-10 (c) An officer for public information or the officer's agent
22-11 may require a deposit or bond for payment of unpaid amounts owing
22-12 to the governmental body in relation to previous requests that the
22-13 requestor has made under this chapter before preparing a copy of
22-14 public information in response to a new request if those unpaid
22-15 amounts exceed $100. The officer for public information or the
22-16 officer's agent may not seek payment of those unpaid amounts
22-17 through any other means.
22-18 (d) The governmental body must fully document the existence
22-19 and amount of those unpaid amounts or the amount of any anticipated
22-20 costs, as applicable, before requiring a deposit or bond under this
22-21 section. The documentation is subject to required public
22-22 disclosure under this chapter.
22-23 (e) For purposes of Subchapter E, a request for a copy of
22-24 public information is considered to have been received by a
22-25 governmental body on the date the governmental body receives the
22-26 deposit or bond for payment of anticipated costs or unpaid amounts
23-1 if the governmental body's officer for public information or the
23-2 officer's agent requires a deposit or bond in accordance with this
23-3 section.
23-4 SECTION 18. Section 552.271, Government Code, is amended to
23-5 read as follows:
23-6 Sec. 552.271. INSPECTION OF PUBLIC INFORMATION IN PAPER
23-7 RECORD IF COPY NOT REQUESTED. (a) If the requestor does not
23-8 request a copy of public information, a [A] charge may not be
23-9 imposed for making available for inspection any public information
23-10 that exists in a paper record, except as provided by this section.
23-11 (b) If [that if] a requested page contains confidential
23-12 information that must be edited from the record before the
23-13 information can be made available for inspection, the governmental
23-14 body may charge for the cost of making a photocopy of the page from
23-15 which confidential information must be edited. No charge other
23-16 than the cost of the photocopy may be imposed under this
23-17 subsection.
23-18 (c) Except as provided by Subsection (d), an officer for
23-19 public information or the officer's agent may require a requestor
23-20 to pay, or to make a deposit or post a bond for the payment of,
23-21 anticipated personnel costs for making available for inspection
23-22 public information that exists in paper records only if:
23-23 (1) the public information specifically requested by
23-24 the requestor:
23-25 (A) is older than five years; or
23-26 (B) completely fills, or when assembled will
24-1 completely fill, six or more archival boxes; and
24-2 (2) the officer for public information or the
24-3 officer's agent estimates that more than five hours will be
24-4 required to make the public information available for inspection.
24-5 (d) If the governmental body has fewer than 16 full-time
24-6 employees, the payment, the deposit, or the bond authorized by
24-7 Subsection (c) may be required only if:
24-8 (1) the public information specifically requested by
24-9 the requestor:
24-10 (A) is older than three years; or
24-11 (B) completely fills, or when assembled will
24-12 completely fill, three or more archival boxes; and
24-13 (2) the officer for public information or the
24-14 officer's agent estimates that more than two hours will be required
24-15 to make the public information available for inspection.
24-16 SECTION 19. Subsection (a), Section 552.274, Government
24-17 Code, is amended to read as follows:
24-18 (a) Not later than December [September] 1 of each
24-19 odd-numbered year, each state agency shall provide the General
24-20 Services Commission detailed information, for use by the commission
24-21 in preparing the report required by Sections 2(c) and (d), Chapter
24-22 428, Acts of the 73rd Legislature, Regular Session, 1993,
24-23 describing the agency's procedures for charging and collecting fees
24-24 for providing copies of public information.
24-25 SECTION 20. Section 552.301, Governmental Code, is amended
24-26 to read as follows:
25-1 Sec. 552.301. Request for Attorney General Decision. (a) A
25-2 governmental body that receives a written request for information
25-3 that it wishes to withhold from public disclosure and that it
25-4 considers to be within one of the exceptions under Subchapter C
25-5 must ask for a decision from the attorney general about whether the
25-6 information is within that exception if there has not been a
25-7 previous determination about whether the information falls within
25-8 one of the exceptions.
25-9 (b) The governmental body must ask for the attorney
25-10 general's decision and state the exceptions that apply within a
25-11 reasonable time but not later than the 10th business day after the
25-12 date of receiving the written request.
25-13 (c) For purposes of this subchapter, a written request
25-14 includes a request made in writing that is sent to the officer for
25-15 public information, or the person designated by that officer, by
25-16 electronic mail or facsimile transmission.
25-17 (d) A governmental body that requests an attorney general
25-18 decision under Subsection (a) must provide to the requestor within
25-19 a reasonable time but not later than the 10th business day after
25-20 the date of receiving the requestor's written request:
25-21 (1) a written statement that the governmental body
25-22 wishes to withhold the requested information and has asked for a
25-23 decision from the attorney general about whether the information is
25-24 within an exception to public disclosure; and
25-25 (2) a copy of the governmental body's written
25-26 communication to the attorney general asking for the decision or,
26-1 if the governmental body's written communication to the attorney
26-2 general discloses the requested information, a redacted copy of
26-3 that written communication.
26-4 (e) [(b)] A governmental body that requests an attorney
26-5 general decision under Subsection (a) must within a reasonable time
26-6 but not later than the 15th business day after the date of
26-7 receiving the written request:
26-8 (1) submit to the attorney general:
26-9 (A) written comments stating the reasons why the
26-10 stated exceptions apply that would allow the information to be
26-11 withheld;
26-12 (B) [(2) submit to the attorney general] a copy
26-13 of the written request for information;
26-14 (C) a signed statement as to the date on which
26-15 the written request for information was received by the
26-16 governmental body or evidence sufficient to establish that date;
26-17 and
26-18 (D) [(3) submit to the attorney general] a copy
26-19 of the specific information requested, or submit representative
26-20 samples of the information if a voluminous amount of information
26-21 was requested; and
26-22 (2) [(4)] label that copy of the specific information,
26-23 or of the representative samples, to indicate which exceptions
26-24 apply to which parts of the copy.
26-25 (f) A governmental body must release the requested
26-26 information and is prohibited from asking for a decision from the
27-1 attorney general about whether information requested under this
27-2 chapter is within an exception under Subchapter C if:
27-3 (1) the governmental body has previously requested and
27-4 received a determination from the attorney general concerning the
27-5 precise information at issue in a pending request; and
27-6 (2) the attorney general or a court determined that
27-7 the information is public information under this chapter that is
27-8 not excepted by Subchapter C.
27-9 SECTION 21. Section 552.302, Government Code, is amended to
27-10 read as follows:
27-11 Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
27-12 GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
27-13 governmental body does not request an attorney general decision as
27-14 provided by Section 552.301 and provide the requestor with the
27-15 information required by Section 552.301(d) [552.301(a)], the
27-16 information requested in writing is presumed to be subject to
27-17 required public disclosure and must be released unless there is a
27-18 compelling reason to withhold the information.
27-19 SECTION 22. Subsections (a), (b), (c), and (e), Section
27-20 552.303, Government Code, are amended to read as follows:
27-21 (a) A governmental body that requests an attorney general
27-22 decision under this subchapter shall supply to the attorney
27-23 general, in accordance with Section 552.301, the specific
27-24 information requested. Unless the information requested is
27-25 confidential by law, the [The] governmental body may [not] disclose
27-26 the requested information to the public or to the requestor before
28-1 [until] the attorney general makes a final determination that the
28-2 requested information is public or, if suit is filed under this
28-3 chapter, before [until] a final determination that the requested
28-4 information is public has been made by the court with jurisdiction
28-5 over the suit, except as otherwise provided by Section 552.322.
28-6 (b) The attorney general may determine whether a
28-7 governmental body's submission of information to the attorney
28-8 general under Section 552.301 is sufficient to render a decision.
28-9 (c) If the [governmental body failed to supply to the]
28-10 attorney general determines that [all of the specific] information
28-11 in addition to that required by Section 552.301 is necessary to
28-12 render a decision, the attorney general shall give written notice
28-13 of that fact to the governmental body and the requestor.
28-14 (e) If a governmental body does not comply with Subsection
28-15 (d), the information that is the subject of a person's request to
28-16 the governmental body and regarding which the governmental body
28-17 fails to comply with Subsection (d) is presumed to be subject to
28-18 required public disclosure and must be released unless there exists
28-19 a compelling reason to withhold the information.
28-20 SECTION 23. Subchapter G, Chapter 552, Government Code, is
28-21 amended by adding Section 552.3035 to read as follows:
28-22 Sec. 552.3035. DISCLOSURE OF REQUESTED INFORMATION BY
28-23 ATTORNEY GENERAL. The attorney general may not disclose to the
28-24 requestor or the public any information submitted to the attorney
28-25 general under Section 552.301(e)(1)(D).
28-26 SECTION 24. Section 552.305, Government Code, is amended by
29-1 adding Subsections (d) and (e) to read as follows:
29-2 (d) If release of a person's proprietary information may be
29-3 subject to exception under Section 552.101, 552.110, 552.113, or
29-4 552.131, the governmental body that requests an attorney general
29-5 decision under Section 552.301 shall make a good faith attempt to
29-6 notify that person of the request for the attorney general
29-7 decision. Notice under this subsection must:
29-8 (1) be in writing and sent within a reasonable time
29-9 not later than the 10th business day after the date the
29-10 governmental body receives the request for the information; and
29-11 (2) include:
29-12 (A) a copy of the written request for the
29-13 information, if any, received by the governmental body; and
29-14 (B) a statement, in the form prescribed by the
29-15 attorney general, that the person is entitled to submit in writing
29-16 to the attorney general within a reasonable time not later than the
29-17 10th business day after the date the person receives the notice:
29-18 (i) each reason the person has as to why
29-19 the information should be withheld; and
29-20 (ii) a letter, memorandum, or brief in
29-21 support of that reason.
29-22 (e) A person who submits a letter, memorandum, or brief to
29-23 the attorney general under Subsection (d) shall send a copy of that
29-24 letter, memorandum, or brief to the person who requested the
29-25 information from the governmental body. If the letter, memorandum,
29-26 or brief submitted to the attorney general contains the substance
30-1 of the information requested, the copy of the letter, memorandum,
30-2 or brief may be a redacted copy.
30-3 SECTION 25. Subsection (a), Section 552.306, Government
30-4 Code, is amended to read as follows:
30-5 (a) Except as provided by Section 552.011, the [The]
30-6 attorney general shall promptly render a decision requested under
30-7 this subchapter, consistent with the standards of due process,
30-8 determining whether the requested information is within one of the
30-9 exceptions of Subchapter C. The attorney general shall render the
30-10 decision not later than the 45th [60th] working day after the date
30-11 the attorney general received the request for a decision. If the
30-12 attorney general is unable to issue the decision within the 45-day
30-13 [60-day] period, the attorney general may extend the period for
30-14 issuing the decision by an additional 10 [20] working days by
30-15 informing the governmental body and the requestor, during the
30-16 original 45-day [60-day] period, of the reason for the delay.
30-17 SECTION 26. Section 552.308, Government Code, is amended to
30-18 read as follows:
30-19 Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES OR
30-20 INTERAGENCY MAIL. (a) When this subchapter requires a request,
30-21 notice, or other document to be submitted or otherwise given to a
30-22 person within a specified period, the requirement is met in a
30-23 timely fashion if the document is sent to the person by first class
30-24 United States mail properly addressed with postage prepaid and:
30-25 (1) it bears a post office cancellation mark
30-26 indicating a time within that [the] period; or
31-1 (2) the person required to submit or otherwise give
31-2 the document furnishes satisfactory proof that it was deposited in
31-3 the mail within that [the] period.
31-4 (b) When this subchapter requires an agency of this state to
31-5 submit or otherwise give to the attorney general within a specified
31-6 period a request, notice, or other writing, the requirement is met
31-7 in a timely fashion if:
31-8 (1) the request, notice, or other writing is sent to
31-9 the attorney general by interagency mail; and
31-10 (2) the agency provides evidence sufficient to
31-11 establish that the request, notice, or other writing was deposited
31-12 in the interagency mail within that period.
31-13 SECTION 27. Section 552.321, Government Code, is amended to
31-14 read as follows:
31-15 Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. (a) A requestor
31-16 or the attorney general may file suit for a writ of mandamus
31-17 compelling a governmental body to make information available for
31-18 public inspection if the governmental body refuses to request an
31-19 attorney general's decision as provided by Subchapter G or refuses
31-20 to supply public information or information that the attorney
31-21 general has determined is public information that is not excepted
31-22 from disclosure under Subchapter C.
31-23 (b) A suit filed by a requestor under this section must be
31-24 filed in a district court for the county in which the main offices
31-25 of the governmental body are located. A suit filed by the attorney
31-26 general under this section must be filed in a district court of
32-1 Travis County.
32-2 SECTION 28. Subchapter H, Chapter 552, Government Code, is
32-3 amended by adding Section 552.3215 to read as follows:
32-4 Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.
32-5 (a) In this section:
32-6 (1) "Complainant" means a person who claims to be the
32-7 victim of a violation of this chapter.
32-8 (2) "State agency" means a board, commission,
32-9 department, office, or other agency that:
32-10 (A) is in the executive branch of state
32-11 government;
32-12 (B) was created by the constitution or a statute
32-13 of this state; and
32-14 (C) has statewide jurisdiction.
32-15 (b) An action for a declaratory judgment or injunctive
32-16 relief may be brought in accordance with this section against a
32-17 governmental body that violates this chapter.
32-18 (c) The district or county attorney for the county in which
32-19 a governmental body other than a state agency is located or the
32-20 attorney general may bring the action in the name of the state only
32-21 in a district court for that county. If the governmental body
32-22 extends into more than one county, the action may be brought only
32-23 in the county in which the administrative offices of the
32-24 governmental body are located if brought by the district or county
32-25 attorney and only in a district court of Travis County if brought
32-26 by the attorney general.
33-1 (d) If the governmental body is a state agency, the Travis
33-2 County district attorney or the attorney general may bring the
33-3 action in the name of the state only in a district court of Travis
33-4 County.
33-5 (e) A complainant may file a complaint alleging a violation
33-6 of this chapter. The complaint must be filed with the district or
33-7 county attorney of the county in which the governmental body is
33-8 located. If the governmental body extends into more than one
33-9 county, the complaint must be filed with the district or county
33-10 attorney of the county in which the administrative offices of the
33-11 governmental body are located. If the governmental body is a state
33-12 agency, the complaint may be filed with the Travis County district
33-13 attorney. To be valid, a complaint must:
33-14 (1) be in writing and signed by the complainant;
33-15 (2) state the name of the governmental body that
33-16 allegedly committed the violation, as accurately as can be done by
33-17 the complainant;
33-18 (3) state the time and place of the alleged commission
33-19 of the violation, as definitely as can be done by the complainant;
33-20 and
33-21 (4) in general terms, describe the violation.
33-22 (f) A district or county attorney with whom the complaint is
33-23 filed shall indicate on the face of the written complaint the date
33-24 the complaint is filed.
33-25 (g) Before the 31st day after the date a complaint is filed
33-26 under Subsection (e), the district or county attorney shall:
34-1 (1) determine whether:
34-2 (A) the violation alleged in the complaint was
34-3 committed; and
34-4 (B) an action will be brought against the
34-5 governmental body under this section; and
34-6 (2) notify the complainant in writing of those
34-7 determinations.
34-8 (h) If the district or county attorney determines not to
34-9 bring an action under this section, the district or county attorney
34-10 shall:
34-11 (1) include a statement of the basis for that
34-12 determination; and
34-13 (2) return the complaint to the complainant.
34-14 (i) If the district or county attorney determines not to
34-15 bring an action under this section, the complainant is entitled to
34-16 file the complaint with the attorney general before the 31st day
34-17 after the date the complaint is returned to the complainant. On
34-18 receipt of the written complaint, the attorney general shall comply
34-19 with each requirement in Subsections (g) and (h) in the time
34-20 required by those subsections. If the attorney general decides to
34-21 bring an action under this section against a governmental body
34-22 located only in one county in response to the complaint, the
34-23 attorney general must comply with Subsection (c).
34-24 (j) An action may be brought under this section only if the
34-25 official proposing to bring the action notifies the governmental
34-26 body in writing of the official's determination that the alleged
35-1 violation was committed and the governmental body does not cure the
35-2 violation before the fourth day after the date the governmental
35-3 body receives the notice.
35-4 (k) An action authorized by this section is in addition to
35-5 any other civil, administrative, or criminal action provided by
35-6 this chapter or another law.
35-7 SECTION 29. Section 552.323, Government Code, is amended to
35-8 read as follows:
35-9 Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
35-10 REASONABLE ATTORNEY FEES. (a) In an action brought under Section
35-11 552.321 or 552.3215 [Section 552.353(b)(3)], the court shall [may]
35-12 assess costs of litigation and reasonable attorney fees incurred by
35-13 a plaintiff [or defendant] who substantially prevails, except that
35-14 the court may not assess those costs and fees against a
35-15 governmental body if the court finds that the governmental body
35-16 acted in reasonable reliance on:
35-17 (1) a judgment or an order of a court applicable to
35-18 the governmental body;
35-19 (2) the published opinion of an appellate court; or
35-20 (3) a written decision of the attorney general,
35-21 including a decision issued under Subchapter G or an opinion issued
35-22 under Section 402.042.
35-23 (b) In an action brought under Section 552.353(b)(3), the
35-24 court may assess costs of litigation and reasonable attorney's fees
35-25 incurred by a plaintiff or defendant who substantially prevails.
35-26 In exercising its discretion under this subsection [section], the
36-1 court shall consider whether the conduct of the officer for public
36-2 information of the governmental body had a reasonable basis in law
36-3 and whether the litigation was brought in good faith.
36-4 SECTION 30. Section 552.324, Government Code, is amended to
36-5 read as follows:
36-6 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only suit
36-7 a governmental body or officer for public information may file
36-8 seeking to withhold information from a requestor is a suit that is
36-9 filed in accordance with Sections 552.325 and 552.353 and that
36-10 challenges a decision by the attorney general issued under
36-11 Subchapter G.
36-12 (b) The governmental body must bring the suit not later than
36-13 the 30th calendar day after the date the governmental body receives
36-14 the decision of the attorney general being challenged. If the
36-15 governmental body does not bring suit within that period, the
36-16 governmental body shall comply with the decision of the attorney
36-17 general. This subsection does not affect the earlier deadline for
36-18 purposes of Section 552.353(b)(3) for a suit brought by an officer
36-19 for public information.
36-20 SECTION 31. Subchapter H, Chapter 552, Government Code, is
36-21 amended by adding Section 552.326 to read as follows:
36-22 Sec. 552.326. FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY
36-23 GENERAL. (a) Except as provided by Subsection (b), the only
36-24 exceptions to required disclosure within Subchapter C that a
36-25 governmental body may raise in a suit filed under this chapter are
36-26 exceptions that the governmental body properly raised before the
37-1 attorney general in connection with its request for a decision
37-2 regarding the matter under Subchapter G.
37-3 (b) Subsection (a) does not prohibit a governmental body
37-4 from raising an exception:
37-5 (1) based on a requirement of federal law; or
37-6 (2) involving the property or privacy interests of
37-7 another person.
37-8 SECTION 32. Subchapter D, Chapter 551, Government Code, is
37-9 amended by adding Section 551.086 to read as follows:
37-10 Sec. 551.086. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
37-11 NEGOTIATIONS; CLOSED MEETING. This chapter does not require a
37-12 governmental body to conduct an open meeting:
37-13 (1) to discuss or deliberate regarding commercial or
37-14 financial information that the governmental body has received from
37-15 a business prospect that the governmental body seeks to have
37-16 locate, stay, or expand in or near the territory of the
37-17 governmental body and with which the governmental body is
37-18 conducting economic development negotiations; or
37-19 (2) to deliberate the offer of a financial or other
37-20 incentive to a business prospect described by Subdivision (1).
37-21 SECTION 33. Section 325.011, Government Code, is amended to
37-22 read as follows:
37-23 Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
37-24 staff shall consider the following criteria in determining whether
37-25 a public need exists for the continuation of a state agency or its
37-26 advisory committees or for the performance of the functions of the
38-1 agency or its advisory committees:
38-2 (1) the efficiency with which the agency or advisory
38-3 committee operates;
38-4 (2) an identification of the objectives intended for
38-5 the agency or advisory committee and the problem or need that the
38-6 agency or advisory committee was intended to address, the extent to
38-7 which the objectives have been achieved, and any activities of the
38-8 agency in addition to those granted by statute and the authority
38-9 for these activities;
38-10 (3) an assessment of less restrictive or alternative
38-11 methods of performing any regulation that the agency performs that
38-12 could adequately protect the public;
38-13 (4) the extent to which the advisory committee is
38-14 needed and is used;
38-15 (5) the extent to which the jurisdiction of the agency
38-16 and the programs administered by the agency overlap or duplicate
38-17 those of other agencies and the extent to which the programs
38-18 administered by the agency can be consolidated with the programs of
38-19 other state agencies;
38-20 (6) whether the agency has recommended to the
38-21 legislature statutory changes calculated to be of benefit to the
38-22 public rather than to an occupation, business, or institution that
38-23 the agency regulates;
38-24 (7) the promptness and effectiveness with which the
38-25 agency disposes of complaints concerning persons affected by the
38-26 agency;
39-1 (8) the extent to which the agency has encouraged
39-2 participation by the public in making its rules and decisions as
39-3 opposed to participation solely by those it regulates and the
39-4 extent to which the public participation has resulted in rules
39-5 compatible with the objectives of the agency;
39-6 (9) the extent to which the agency has complied with
39-7 applicable requirements of an agency of the United States or of
39-8 this state regarding equality of employment opportunity and the
39-9 rights and privacy of individuals;
39-10 (10) the extent to which changes are necessary in the
39-11 enabling statutes of the agency so that the agency can adequately
39-12 comply with the criteria listed in this section;
39-13 (11) the extent to which the agency issues and
39-14 enforces rules relating to potential conflicts of interest of its
39-15 employees;
39-16 (12) the extent to which the agency complies with
39-17 Chapters [Chapter 552, and with Chapter] 551 and 552 and follows
39-18 records management practices that enable the agency to respond
39-19 efficiently to requests for public information; and
39-20 (13) the effect of federal intervention or loss of
39-21 federal funds if the agency is abolished.
39-22 SECTION 34. Subsection (d), Section 2, Chapter 428, Acts of
39-23 the 73rd Legislature, Regular Session, 1993, is amended to read as
39-24 follows:
39-25 (d) The commission shall revise and update the report
39-26 biennially and shall provide a copy of the updated report to each
40-1 state agency not later than March 1 of each even-numbered year.
40-2 SECTION 35. (a) The General Services Commission shall adopt
40-3 the rules required by Section 552.205, Government Code, as added by
40-4 this Act, in sufficient time so that governmental bodies may print
40-5 the sign required by that section and begin displaying the sign on
40-6 or before January 3, 2000.
40-7 (b) A governmental body is not required under Section
40-8 552.205, Government Code, as added by this Act, to display the
40-9 required sign before January 3, 2000.
40-10 SECTION 36. Subsections (d) and (e), Section 552.305,
40-11 Government Code, as added by this Act, apply only in connection
40-12 with a request from a governmental body for an attorney general
40-13 decision under Section 552.301 of that code that is made on or
40-14 after the effective date of this Act. A request for an attorney
40-15 general decision under Section 552.301, Government Code, that is
40-16 made before that date is covered by the law in effect on the date
40-17 the request was made, and the former law is continued in effect for
40-18 that purpose.
40-19 SECTION 37. This Act takes effect September 1, 1999.