By Wentworth S.B. No. 1851
76R11432 JRD/JD/MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public access to governmental information and
1-3 decisions, including revisions to the public information law;
1-4 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 552, Government Code, is
1-7 amended by adding Section 552.0035 to read as follows:
1-8 Sec. 552.0035. ACCESS TO INFORMATION OF JUDICIARY. (a)
1-9 Access to information collected, assembled, or maintained by or for
1-10 the judiciary is governed by rules adopted by the Supreme Court of
1-11 Texas or by other applicable laws and rules.
1-12 (b) This section does not affect determinations about
1-13 whether information is considered to be information collected,
1-14 assembled, or maintained by or for the judiciary.
1-15 SECTION 2. Subchapter A, Chapter 552, Government Code, is
1-16 amended by adding Section 552.0055 to read as follows:
1-17 Sec. 552.0055. SUBPOENA DUCES TECUM OR DISCOVERY REQUEST. A
1-18 subpoena duces tecum or a request for discovery that is issued in
1-19 compliance with a statute or a rule of civil or criminal procedure
1-20 is not considered to be a request for information under this
1-21 chapter.
1-22 SECTION 3. Subchapter A, Chapter 552, Government Code, is
1-23 amended by adding Sections 552.009 and 552.010 to read as follows:
1-24 Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO
2-1 COMMISSION; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.
2-2 (a) The open records steering committee is composed of:
2-3 (1) a representative of each of the following,
2-4 appointed by its governing entity:
2-5 (A) the attorney general's office;
2-6 (B) the comptroller's office;
2-7 (C) the Texas Department of Public Safety;
2-8 (D) the Department of Information Resources;
2-9 (E) the Texas State Library and Archives
2-10 Commission; and
2-11 (F) the General Services Commission;
2-12 (2) five public members, appointed by the General
2-13 Services Commission; and
2-14 (3) a representative of each of the following types of
2-15 local governments, appointed by the General Services Commission:
2-16 (A) a municipality;
2-17 (B) a county; and
2-18 (C) a school district.
2-19 (b) The representative of the General Services Commission is
2-20 the presiding officer of the committee. The committee shall meet
2-21 as prescribed by committee procedures or at the call of the
2-22 presiding officer.
2-23 (c) The committee shall advise the General Services
2-24 Commission regarding the commission's performance of its duties
2-25 under this chapter.
2-26 (d) The members of the committee who represent state
2-27 governmental bodies and the public members of the committee shall
3-1 periodically study and determine the types of public information
3-2 for which it would be useful to the public or cost-effective for
3-3 the government if the type of information were made available by
3-4 state governmental bodies by means of the Internet or another
3-5 electronic format. The committee shall report its findings and
3-6 recommendations to the governor, the presiding officer of each
3-7 house of the legislature, and the budget committee and state
3-8 affairs committee of each house of the legislature.
3-9 (e) Chapter 2110 does not apply to the size, composition, or
3-10 duration of the committee. Chapter 2110 applies to the
3-11 reimbursement of a public member's expenses related to service on
3-12 the committee. Any reimbursement of the expenses of a member who
3-13 represents a state or local governmental body may be paid only from
3-14 funds available to the state or local governmental body the member
3-15 represents.
3-16 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
3-17 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
3-18 state governmental body shall report to the Legislative Budget
3-19 Board the information the board requires regarding:
3-20 (1) the number and nature of requests for information
3-21 the state governmental body processes under this chapter in the
3-22 period covered by the report; and
3-23 (2) the cost to the state governmental body in that
3-24 period in terms of capital expenditures and personnel time of:
3-25 (A) responding to requests for information under
3-26 this chapter; and
3-27 (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. Section 552.022, Government Code, is amended to
4-21 read as follows:
4-22 Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
4-23 Without limiting the amount or kind of information that is public
4-24 information under this chapter, the following categories of
4-25 information are not excepted from required disclosure under this
4-26 chapter unless they are expressly confidential under other law
4-27 [public information]:
5-1 (1) a completed report, audit, evaluation, or
5-2 investigation made of, for, or by a governmental body;
5-3 (2) the name, sex, ethnicity, salary, title, and dates
5-4 of employment of each employee and officer of a governmental body;
5-5 (3) information in an account, voucher, or contract
5-6 relating to the receipt or expenditure of public or other funds by
5-7 a governmental body[, if the information is not otherwise made
5-8 confidential by law];
5-9 (4) the name of each official and the final record of
5-10 voting on all proceedings in a governmental body;
5-11 (5) all working papers, research material, and
5-12 information used to estimate the need for or expenditure of public
5-13 funds or taxes by a governmental body, on completion of the
5-14 estimate;
5-15 (6) the name, place of business, and the name of the
5-16 municipality to which local sales and use taxes are credited, if
5-17 any, for the named person, of a person reporting or paying sales
5-18 and use taxes under Chapter 151, Tax Code;
5-19 (7) a description of an agency's central and field
5-20 organizations [organization], including:
5-21 (A) the established places at which the public
5-22 may obtain information, submit information or requests, or obtain
5-23 decisions;
5-24 (B) the employees from whom the public may
5-25 obtain information, submit information or requests, or obtain
5-26 decisions;
5-27 (C) in the case of a uniformed service, the
6-1 members from whom the public may obtain information, submit
6-2 information or requests, or obtain decisions; and
6-3 (D) the methods by which the public may obtain
6-4 information, submit information or requests, or obtain decisions;
6-5 (8) a statement of the general course and method by
6-6 which an agency's functions are channeled and determined, including
6-7 the nature and requirements of all formal and informal policies and
6-8 procedures;
6-9 (9) a rule of procedure, a description of forms
6-10 available or the places at which forms may be obtained, and
6-11 instructions relating to the scope and content of all papers,
6-12 reports, or examinations;
6-13 (10) a substantive rule of general applicability
6-14 adopted or issued by an agency as authorized by law, and a
6-15 statement of general policy or interpretation of general
6-16 applicability formulated and adopted by an agency;
6-17 (11) each amendment, revision, or repeal of
6-18 information described by Subdivisions (7)-(10);
6-19 (12) final opinions, including concurring and
6-20 dissenting opinions, and orders issued in the adjudication of
6-21 cases;
6-22 (13) a policy statement or interpretation that has
6-23 been adopted or issued by an agency;
6-24 (14) administrative staff manuals and instructions to
6-25 staff that affect a member of the public;
6-26 (15) information regarded as open to the public under
6-27 an agency's policies;
7-1 (16) information that is in a bill for attorney's fees
7-2 and that is not privileged under the attorney-client privilege [or
7-3 confidential under other law];
7-4 (17) information that is also contained in a public
7-5 court record; and
7-6 (18) a settlement agreement to which a governmental
7-7 body is a party [unless the agreement is confidential under other
7-8 law].
7-9 SECTION 5. Section 552.110, Government Code, is amended to
7-10 read as follows:
7-11 Sec. 552.110. EXCEPTION: TRADE SECRETS[, COMMERCIAL
7-12 INFORMATION, OR FINANCIAL INFORMATION]. A trade secret [or
7-13 commercial or financial information] obtained from a person and
7-14 privileged or confidential by statute or judicial decision is
7-15 excepted from the requirements of Section 552.021.
7-16 SECTION 6. Section 552.116, Government Code, is amended to
7-17 read as follows:
7-18 Sec. 552.116. EXCEPTION: AUDIT WORKING PAPERS. (a) An
7-19 audit working paper [or draft audit report] of the state auditor or
7-20 the auditor of a [another] state agency or institution of higher
7-21 education as defined by Section 61.003, Education Code, is excepted
7-22 from the requirements of Section 552.021.
7-23 (b) Information in an audit working paper that is obtained
7-24 by the auditor in connection with an audit is excepted from the
7-25 requirements of Section 552.021 only to the extent that the
7-26 information is maintained by the auditor. If information obtained
7-27 by the auditor is maintained by another person, that information is
8-1 not excepted from the requirements of Section 552.021.
8-2 (c) In this section:
8-3 (1) "Audit" means an audit authorized or required by a
8-4 statute of this state or the United States.
8-5 (2) "Audit working paper" includes all information,
8-6 documentary or otherwise, prepared or maintained in conducting an
8-7 audit or preparing an audit report, including:
8-8 (A) intra-agency and interagency communications;
8-9 and
8-10 (B) drafts of the audit report or portions of
8-11 those drafts.
8-12 SECTION 7. Subchapter C, Chapter 552, Government Code, is
8-13 amended by adding Section 552.131 to read as follows:
8-14 Sec. 552.131. EXCEPTION: ECONOMIC DEVELOPMENT INFORMATION.
8-15 (a) Information is excepted from the requirements of Section
8-16 552.021 if the information relates to economic development
8-17 negotiations involving a governmental body and a business prospect
8-18 that the governmental body seeks to have locate, stay, or expand in
8-19 or near the territory of the governmental body and the information
8-20 relates to:
8-21 (1) a trade secret of the business prospect; or
8-22 (2) commercial or financial information for which it
8-23 is demonstrated based on specific factual evidence that disclosure
8-24 would cause substantial competitive harm to the person from whom
8-25 the information was obtained.
8-26 (b) Unless and until an agreement is made with the business
8-27 prospect, information about a financial or other incentive being
9-1 offered to the business prospect by the governmental body or by
9-2 another person is excepted from the requirements of Section
9-3 552.021.
9-4 (c) After an agreement is made with the business prospect,
9-5 this section does not except from the requirements of Section
9-6 552.021 information about a financial or other incentive being
9-7 offered to the business prospect:
9-8 (1) by the governmental body; or
9-9 (2) by another person, if the financial or other
9-10 incentive may directly or indirectly result in the expenditure of
9-11 public funds by a governmental body or a reduction in revenue
9-12 received by a governmental body from any source.
9-13 SECTION 8. Subchapter D, Chapter 552, Government Code, is
9-14 amended by adding Section 552.205 to read as follows:
9-15 Sec. 552.205. INFORMING PUBLIC OF BASIC RIGHTS AND
9-16 RESPONSIBILITIES UNDER THIS CHAPTER. (a) An officer for public
9-17 information shall prominently display a sign in the form prescribed
9-18 by the General Services Commission that contains basic information
9-19 about the rights of a requestor, the responsibilities of a
9-20 governmental body, and the procedures for inspecting or obtaining a
9-21 copy of public information under this chapter. The officer shall
9-22 display the sign at one or more places in the administrative
9-23 offices of the governmental body where it is plainly visible to:
9-24 (1) members of the public who request public
9-25 information in person under this chapter; and
9-26 (2) employees of the governmental body whose duties
9-27 include receiving or responding to requests under this chapter.
10-1 (b) The General Services Commission by rule shall prescribe
10-2 the content of the sign and the size, shape, and other physical
10-3 characteristics of the sign. In prescribing the content of the
10-4 sign, the commission shall include plainly written basic
10-5 information about the rights of a requestor, the responsibilities
10-6 of a governmental body, and the procedures for inspecting or
10-7 obtaining a copy of public information under this chapter that, in
10-8 the opinion of the commission, is most useful for requestors to
10-9 know and for employees of governmental bodies who receive or
10-10 respond to requests for public information to know.
10-11 SECTION 9. Section 552.261, Government Code, is amended by
10-12 amending Subsection (a) and adding Subsection (c) to read as
10-13 follows:
10-14 (a) The charge for providing a copy of public information
10-15 shall be an amount that reasonably includes all costs related to
10-16 reproducing the public information, including costs of materials,
10-17 labor, and overhead. If a request is for 50 or fewer pages of
10-18 paper records, the charge for providing the copy of the public
10-19 information may not include costs of materials, labor, or overhead,
10-20 but shall be limited to the photocopying costs, unless the pages to
10-21 be photocopied are located in:
10-22 (1) two or more separate buildings that are not
10-23 physically connected with each other [than one building]; or
10-24 (2) a remote storage facility.
10-25 (c) For purposes of Subsection (a), a connection of two
10-26 buildings by a covered or open sidewalk, an elevated or underground
10-27 passageway, or a similar facility is insufficient to cause the
11-1 buildings to be considered separate buildings.
11-2 SECTION 10. Sections 552.262(a)-(d), Government Code, are
11-3 amended to read as follows:
11-4 (a) The General Services Commission shall adopt rules for
11-5 use by each governmental body in determining charges for providing
11-6 copies of public information under this subchapter and in
11-7 determining the charge, deposit, or bond required for making public
11-8 information that exists in a paper record available for inspection
11-9 as authorized by Sections 552.271(c) and (d). The rules adopted by
11-10 the General Services Commission shall be used by each governmental
11-11 body in determining charges for providing copies of public
11-12 information and in determining the charge, deposit, or bond
11-13 required for making public information that exists in a paper
11-14 record available for inspection, except to the extent that other
11-15 law provides for charges for specific kinds of public information.
11-16 The charges for providing copies of public information may not be
11-17 excessive and may not exceed the actual cost of producing the
11-18 information or for making public information that exists in a paper
11-19 record available. A governmental body, other than an agency of
11-20 state government, may determine its own charges for providing
11-21 copies of public information and its own charge, deposit, or bond
11-22 for making public information that exists in a paper record
11-23 available for inspection but may [shall] not charge an amount that
11-24 is greater than 25 percent more than the amount established by the
11-25 General Services Commission unless the governmental body requests
11-26 an exemption under Subsection (c).
11-27 (b) The rules of the General Services Commission shall
12-1 prescribe the methods for computing the charges for providing
12-2 copies of public information in paper, electronic, and other kinds
12-3 of media and the charge, deposit, or bond required for making
12-4 public information that exists in a paper record available for
12-5 inspection. The rules shall establish costs for various components
12-6 of charges for providing copies of public information that shall be
12-7 used by each governmental body in providing copies of public
12-8 information or making public information that exists in a paper
12-9 record available for inspection.
12-10 (c) A governmental body may request that it be exempt from
12-11 part or all of the rules adopted by the General Services Commission
12-12 for determining charges for providing copies of public information
12-13 or the charge, deposit, or bond required for making public
12-14 information that exists in a paper record available for inspection.
12-15 The request must be made in writing to the General Services
12-16 Commission and must state the reason for the exemption. If the
12-17 General Services Commission determines that good cause exists for
12-18 exempting a governmental body from a part or all of the rules, the
12-19 commission shall give written notice of the determination to the
12-20 governmental body within 90 days of the request. On receipt of the
12-21 determination, the governmental body may amend its charges for
12-22 providing copies of public information or its charge, deposit, or
12-23 bond required for making public information that exists in a paper
12-24 record available for inspection according to the determination of
12-25 the General Services Commission.
12-26 (d) The General Services Commission shall publish annually
12-27 in the Texas Register a list of the governmental bodies that have
13-1 authorization from the General Services Commission to adopt any
13-2 modified rules for determining the cost of providing copies of
13-3 public information or making public information that exists in a
13-4 paper record available for inspection.
13-5 SECTION 11. Section 552.263(a), Government Code, is amended
13-6 to read as follows:
13-7 (a) An officer for public information or the officer's agent
13-8 may require a deposit or bond for payment of anticipated costs for
13-9 the preparation of a copy of public information if the charge for
13-10 providing the copy of the public information specifically requested
13-11 by the requestor is estimated by the governmental body to exceed:
13-12 (1) $100, if the governmental body has more than 15
13-13 full-time employees; or
13-14 (2) $50, if the governmental body has fewer than 16
13-15 full-time employees.
13-16 SECTION 12. Section 552.271, Government Code, is amended to
13-17 read as follows:
13-18 Sec. 552.271. INSPECTION OF PUBLIC INFORMATION IN PAPER
13-19 RECORD IF COPY NOT REQUESTED. (a) A charge may not be imposed for
13-20 making available for inspection any public information that exists
13-21 in a paper record, except as provided by this section.
13-22 (b) If [that if] a requested page contains confidential
13-23 information that must be edited from the record before the
13-24 information can be made available for inspection, the governmental
13-25 body may charge for the cost of making a photocopy of the page from
13-26 which confidential information must be edited. No charge other
13-27 than the cost of the photocopy may be imposed under this
14-1 subsection.
14-2 (c) Except as provided by Subsection (d), an officer for
14-3 public information or the officer's agent may require a requestor
14-4 to pay, or to make a deposit or post a bond for the payment of,
14-5 anticipated personnel costs for making available for inspection
14-6 public information that exists in paper records only if:
14-7 (1) the public information specifically requested by
14-8 the requestor:
14-9 (A) is older than five years; or
14-10 (B) completely fills, or when assembled will
14-11 completely fill, six or more archival boxes; and
14-12 (2) the officer for public information or the
14-13 officer's agent estimates that more than five hours will be
14-14 required to make the public information available for inspection.
14-15 (d) If the governmental body has fewer than 16 full-time
14-16 employees, the payment, the deposit, or the bond authorized by
14-17 Subsection (c) may be required only if:
14-18 (1) the public information specifically requested by
14-19 the requestor:
14-20 (A) is older than three years; or
14-21 (B) completely fills, or when assembled will
14-22 completely fill, three or more archival boxes; and
14-23 (2) the officer for public information or the
14-24 officer's agent estimates that more than two hours will be required
14-25 to make the public information available for inspection.
14-26 SECTION 13. Section 552.274(a), Government Code, is amended
14-27 to read as follows:
15-1 (a) Not later than December [September] 1 of each
15-2 odd-numbered year, each state agency shall provide the General
15-3 Services Commission detailed information, for use by the commission
15-4 in preparing the report required by Sections 2(c) and (d), Chapter
15-5 428, Acts of the 73rd Legislature, Regular Session, 1993,
15-6 describing the agency's procedures for charging and collecting fees
15-7 for providing copies of public information.
15-8 SECTION 14. Section 552.301, Government Code, is amended by
15-9 adding Subsection (c) to read as follows:
15-10 (c) A governmental body is prohibited from asking for a
15-11 decision from the attorney general about whether information
15-12 requested under this chapter is within an exception under
15-13 Subchapter C if:
15-14 (1) the governmental body has previously requested and
15-15 received a determination from the attorney general concerning the
15-16 precise information at issue in a pending request; and
15-17 (2) the information was determined by the attorney
15-18 general or subsequently by a court to be public information under
15-19 this chapter that is not within an exception under Subchapter C.
15-20 SECTION 15. Section 552.303(a), Government Code, is amended
15-21 to read as follows:
15-22 (a) A governmental body that requests an attorney general
15-23 decision under this subchapter shall supply to the attorney
15-24 general, in accordance with Section 552.301, the specific
15-25 information requested. Unless the information requested is
15-26 confidential by law, the [The] governmental body may [not] disclose
15-27 the requested information to the public or to the requestor before
16-1 [until] the attorney general makes a final determination that the
16-2 requested information is public or, if suit is filed under this
16-3 chapter, before [until] a final determination that the requested
16-4 information is public has been made by the court with jurisdiction
16-5 over the suit, except as otherwise provided by Section 552.322.
16-6 SECTION 16. Subchapter G, Chapter 552, Government Code, is
16-7 amended by adding Section 552.3035 to read as follows:
16-8 Sec. 552.3035. DISCLOSURE OF REQUESTED INFORMATION BY
16-9 ATTORNEY GENERAL. The attorney general may not disclose to the
16-10 requestor or the public any information submitted to the attorney
16-11 general under Section 552.301(b)(3) or Section 552.303(d).
16-12 SECTION 17. Section 552.305, Government Code, is amended by
16-13 adding Subsections (d) and (e) to read as follows:
16-14 (d) If a person's privacy or property interests may be
16-15 involved under Subsection (a), the governmental body that requests
16-16 an attorney general decision under Section 552.301 shall notify
16-17 that person of the request for the attorney general decision.
16-18 Notice under this subsection must:
16-19 (1) be in writing and sent within a reasonable time
16-20 not later than the 10th business day after the date the
16-21 governmental body received the request for the information;
16-22 (2) include a copy of:
16-23 (A) the written request for the information, if
16-24 any, received by the governmental body;
16-25 (B) the governmental body's written request for
16-26 the attorney general decision; and
16-27 (C) each opinion or open records decision of the
17-1 attorney general and each judicial decision known to the
17-2 governmental body that contains the criteria that authorize
17-3 information to be withheld under each applicable exception in this
17-4 chapter; and
17-5 (3) state that the person is entitled to submit in
17-6 writing to the attorney general within a reasonable time not later
17-7 than the 10th business day after the date the person receives the
17-8 notice:
17-9 (A) each reason the person has as to why the
17-10 information should be withheld; and
17-11 (B) a letter, memorandum, or brief in support of
17-12 that reason.
17-13 (e) A person who submits a letter, memorandum, or brief to
17-14 the attorney general under Subsection (d) shall send a copy of that
17-15 letter, memorandum, or brief to the person who requested the
17-16 information from the governmental body. If the letter, memorandum,
17-17 or brief submitted to the attorney general contains the substance
17-18 of the information requested, the copy of the letter, memorandum,
17-19 or brief may be a redacted copy.
17-20 SECTION 18. Section 552.308, Government Code, is amended to
17-21 read as follows:
17-22 Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES OR
17-23 INTERAGENCY MAIL. (a) When this subchapter requires a request,
17-24 notice, or other document to be submitted or otherwise given to a
17-25 person within a specified period, the requirement is met in a
17-26 timely fashion if the document is sent to the person by first class
17-27 United States mail properly addressed with postage prepaid and:
18-1 (1) it bears a post office cancellation mark
18-2 indicating a time within that [the] period; or
18-3 (2) the person required to submit or otherwise give
18-4 the document furnishes satisfactory proof that it was deposited in
18-5 the mail within that [the] period.
18-6 (b) When this subchapter requires an agency of this state to
18-7 submit or otherwise give to the attorney general within a specified
18-8 period a request, notice, or other writing, the requirement is met
18-9 in a timely fashion if:
18-10 (1) the request, notice, or other writing is sent to
18-11 the attorney general by interagency mail; and
18-12 (2) the agency provides evidence sufficient to
18-13 establish that the request, notice, or other writing was deposited
18-14 in the interagency mail within that period.
18-15 SECTION 19. Subchapter H, Chapter 552, Government Code, is
18-16 amended by adding Section 552.3215 to read as follows:
18-17 Sec. 552.3215. CIVIL PENALTY. (a) In this section:
18-18 (1) "Complainant" means a person who claims to be the
18-19 victim of a violation of this chapter.
18-20 (2) "State agency" means a board, commission,
18-21 department, office, or other agency that:
18-22 (A) is in the executive branch of state
18-23 government;
18-24 (B) was created by the constitution or a statute
18-25 of this state; and
18-26 (C) has statewide jurisdiction.
18-27 (b) A governmental body that violates this chapter is
19-1 subject to a civil penalty of not less than $25 or more than $1,000
19-2 for each act of violation. Each day a violation continues is
19-3 considered a separate violation.
19-4 (c) The district or county attorney for the county in which
19-5 a governmental body other than a state agency is located or the
19-6 attorney general may bring a civil suit in the name of the state to
19-7 assess and recover the civil penalty in a district court for that
19-8 county. If the governmental body extends into more than one
19-9 county, the suit must be brought in the county in which the
19-10 administrative offices of the governmental body are located.
19-11 (d) If the governmental body is a state agency:
19-12 (1) the Travis County district attorney or the
19-13 attorney general may bring the civil suit in the name of the state
19-14 to assess and recover the civil penalty; and
19-15 (2) the suit may be brought in a district court of
19-16 Travis County.
19-17 (e) A complainant may file a complaint alleging a violation
19-18 of this chapter. The complaint must be filed with the district or
19-19 county attorney of the county in which the governmental body is
19-20 located. If the governmental body extends into more than one
19-21 county, the complaint must be filed with the district or county
19-22 attorney of the county in which the administrative offices of the
19-23 governmental body are located. If the governmental body is a state
19-24 agency, the complaint may be filed with the Travis County district
19-25 attorney. To be valid, a complaint must:
19-26 (1) be in writing and signed by the complainant;
19-27 (2) state the name of the governmental body that
20-1 allegedly committed the violation, as accurately as can be done by
20-2 the complainant;
20-3 (3) state the time and place of the alleged commission
20-4 of the violation, as definitely as can be done by the complainant;
20-5 and
20-6 (4) in general terms, describe the violation.
20-7 (f) A district or county attorney with whom the complaint is
20-8 filed shall indicate on the face of the written complaint the date
20-9 the complaint is filed.
20-10 (g) Before the 31st day after the date a complaint is filed
20-11 under Subsection (e), the district or county attorney shall:
20-12 (1) determine whether:
20-13 (A) the violation alleged in the complaint was
20-14 committed; and
20-15 (B) a suit will be brought against the
20-16 governmental body under this section; and
20-17 (2) notify the complainant in writing of those
20-18 determinations.
20-19 (h) If the district or county attorney determines not to
20-20 bring a civil suit for the alleged violation, the district or
20-21 county attorney shall:
20-22 (1) include a statement of the basis for that
20-23 determination; and
20-24 (2) return the complaint to the complainant.
20-25 (i) If the district or county attorney determines not to
20-26 bring the suit, the complainant is entitled to file the complaint
20-27 with the attorney general before the 31st day after the date the
21-1 complaint is returned to the complainant. On receipt of the
21-2 written complaint, the attorney general shall comply with each
21-3 requirement in Subsections (g) and (h) in the time required by
21-4 those subsections.
21-5 (j) A suit may be brought under this section only if the
21-6 official proposing to bring the suit notifies the governmental body
21-7 in writing of the official's determination that the alleged
21-8 violation was committed and the governmental body does not cure the
21-9 violation before the fourth day after the date the governmental
21-10 body receives the notice. The suit may be brought regardless of
21-11 whether a suit for mandamus has been brought under Section 552.321.
21-12 (k) The court in which a civil suit is brought under this
21-13 section shall, on receipt of the petition, immediately issue an
21-14 order, in the form of a notice, directed to all persons who have or
21-15 who claim to have suffered economic or other damages from the
21-16 violation.
21-17 (l) An order under Subsection (k) must, in general terms and
21-18 without naming the persons, require the persons described in the
21-19 notice to appear for trial on the date set by the court, which
21-20 shall be specified in the notice. The clerk of the court shall
21-21 give notice by publishing a substantial copy of the order issued by
21-22 the court in a newspaper of general circulation in Travis County,
21-23 the county where the governmental body is located, and, if the
21-24 governmental body, other than a state agency, extends into more
21-25 than one county, each county in which the governmental body
21-26 extends. The notice shall be published once in each of two
21-27 consecutive calendar weeks, with the date of the first publication
22-1 before the 14th day before the trial date.
22-2 (m) The court may award a person who appears for trial and
22-3 shows that the person has suffered economic or other damage from
22-4 the violation a portion of the civil penalty assessed against a
22-5 governmental body in an amount not to exceed one-half of that
22-6 penalty.
22-7 (n) A civil penalty collected under this section, other than
22-8 money awarded to a person under Subsection (m), shall be deposited
22-9 in the state treasury.
22-10 (o) If the governmental body is a state agency, the
22-11 governmental body shall pay the civil penalty from money
22-12 appropriated for the operation of the governmental body.
22-13 (p) The civil penalty authorized by this section is in
22-14 addition to any other civil, administrative, or criminal action
22-15 provided by this chapter or another law.
22-16 SECTION 20. Section 552.323, Government Code, is amended to
22-17 read as follows:
22-18 Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
22-19 REASONABLE ATTORNEY FEES. (a) In an action brought under Section
22-20 552.321 or 552.3215 [Section 552.353(b)(3)], the court shall [may]
22-21 assess costs of litigation and reasonable attorney fees incurred by
22-22 a plaintiff or defendant who substantially prevails, except that
22-23 the court may not assess those costs and fees:
22-24 (1) to the extent that the court has already ordered
22-25 the costs and fees to be paid under Chapter 9, Civil Practice and
22-26 Remedies Code; or
22-27 (2) against a governmental body if the court finds
23-1 that the governmental body acted in reasonable reliance on:
23-2 (A) a judgment or an order of a court applicable
23-3 to the governmental body;
23-4 (B) the published opinion of an appellate court;
23-5 or
23-6 (C) a written decision of the attorney general,
23-7 including a decision issued under Subchapter G or an opinion issued
23-8 under Section 402.042.
23-9 (b) In an action brought under Section 552.353(b)(3), the
23-10 court may assess costs of litigation and reasonable attorney fees
23-11 incurred by a plaintiff or defendant who substantially prevails. In
23-12 exercising its discretion under this subsection [section], the
23-13 court shall consider whether the conduct of the officer for public
23-14 information of the governmental body had a reasonable basis in law
23-15 and whether the litigation was brought in good faith.
23-16 SECTION 21. Subchapter D, Chapter 551, Government Code, is
23-17 amended by adding Section 551.086 to read as follows:
23-18 Sec. 551.086. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
23-19 NEGOTIATIONS; CLOSED MEETING. This chapter does not require a
23-20 governmental body to conduct an open meeting:
23-21 (1) to discuss or deliberate regarding commercial or
23-22 financial information that the governmental body has received from
23-23 a business prospect that the governmental body seeks to have
23-24 locate, stay, or expand in or near the territory of the
23-25 governmental body and with which the governmental body is
23-26 conducting economic development negotiations; or
23-27 (2) to deliberate the offer of a financial or other
24-1 incentive to a business prospect described by Subdivision (1).
24-2 SECTION 22. Section 325.011, Government Code, is amended to
24-3 read as follows:
24-4 Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
24-5 staff shall consider the following criteria in determining whether
24-6 a public need exists for the continuation of a state agency or its
24-7 advisory committees or for the performance of the functions of the
24-8 agency or its advisory committees:
24-9 (1) the efficiency with which the agency or advisory
24-10 committee operates;
24-11 (2) an identification of the objectives intended for
24-12 the agency or advisory committee and the problem or need that the
24-13 agency or advisory committee was intended to address, the extent to
24-14 which the objectives have been achieved, and any activities of the
24-15 agency in addition to those granted by statute and the authority
24-16 for these activities;
24-17 (3) an assessment of less restrictive or alternative
24-18 methods of performing any regulation that the agency performs that
24-19 could adequately protect the public;
24-20 (4) the extent to which the advisory committee is
24-21 needed and is used;
24-22 (5) the extent to which the jurisdiction of the agency
24-23 and the programs administered by the agency overlap or duplicate
24-24 those of other agencies and the extent to which the programs
24-25 administered by the agency can be consolidated with the programs of
24-26 other state agencies;
24-27 (6) whether the agency has recommended to the
25-1 legislature statutory changes calculated to be of benefit to the
25-2 public rather than to an occupation, business, or institution that
25-3 the agency regulates;
25-4 (7) the promptness and effectiveness with which the
25-5 agency disposes of complaints concerning persons affected by the
25-6 agency;
25-7 (8) the extent to which the agency has encouraged
25-8 participation by the public in making its rules and decisions as
25-9 opposed to participation solely by those it regulates and the
25-10 extent to which the public participation has resulted in rules
25-11 compatible with the objectives of the agency;
25-12 (9) the extent to which the agency has complied with
25-13 applicable requirements of an agency of the United States or of
25-14 this state regarding equality of employment opportunity and the
25-15 rights and privacy of individuals;
25-16 (10) the extent to which changes are necessary in the
25-17 enabling statutes of the agency so that the agency can adequately
25-18 comply with the criteria listed in this section;
25-19 (11) the extent to which the agency issues and
25-20 enforces rules relating to potential conflicts of interest of its
25-21 employees;
25-22 (12) the extent to which the agency complies with
25-23 Chapters [Chapter 552, and with Chapter] 551 and 552 and follows
25-24 records management practices that enable the agency to respond
25-25 efficiently to requests for public information; and
25-26 (13) the effect of federal intervention or loss of
25-27 federal funds if the agency is abolished.
26-1 SECTION 23. Section 2(d), Chapter 428, Acts of the 73rd
26-2 Legislature, Regular Session, 1993, is amended to read as follows:
26-3 (d) The commission shall revise and update the report
26-4 biennially and shall provide a copy of the updated report to each
26-5 state agency not later than March 1 of each even-numbered year.
26-6 SECTION 24. (a) The General Services Commission shall adopt
26-7 the rules required by Section 552.205, Government Code, as added by
26-8 this Act, in sufficient time so that governmental bodies may print
26-9 the sign required by that section and begin displaying the sign on
26-10 or before January 3, 2000.
26-11 (b) A governmental body is not required under Section
26-12 552.205, Government Code, as added by this Act, to display the
26-13 required sign before January 3, 2000.
26-14 SECTION 25. Sections 552.305(d) and (e), Government Code, as
26-15 added by this Act, apply only in connection with a request from a
26-16 governmental body for an attorney general decision under Section
26-17 552.301 of that code that is made on or after the effective date of
26-18 this Act. A request for an attorney general decision under Section
26-19 552.301, Government Code, that is made before that date is covered
26-20 by the law in effect on the date the request was made, and the
26-21 former law is continued in effect for that purpose.