1-1     By:  Wentworth                                        S.B. No. 1851
 1-2           (In the Senate - Filed April 7, 1999; April 8, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1851               By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to public access to governmental information and
1-11     decisions, including revisions to the public information law.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter A, Chapter 552, Government Code, is
1-14     amended by adding Section 552.0035 to read as follows:
1-15           Sec. 552.0035.  ACCESS TO INFORMATION OF JUDICIARY.
1-16     (a)  Access to information collected, assembled, or maintained by
1-17     or for the judiciary is governed by rules adopted by the Supreme
1-18     Court of Texas or by other applicable laws and rules.
1-19           (b)  This section does not address whether information is
1-20     considered to be information collected, assembled, or maintained by
1-21     or for the judiciary.
1-22           SECTION 2.  Subchapter A, Chapter 552, Government Code, is
1-23     amended by adding Section 552.0055 to read as follows:
1-24           Sec. 552.0055.  SUBPOENA DUCES TECUM OR DISCOVERY REQUEST.  A
1-25     subpoena duces tecum or a request for discovery that is issued in
1-26     compliance with a statute or a rule of civil or criminal procedure
1-27     is not considered to be a request for information under this
1-28     chapter.
1-29           SECTION 3.  Subchapter A, Chapter 552, Government Code, is
1-30     amended by adding Sections 552.009 and 552.010 to read as follows:
1-31           Sec. 552.009.  OPEN RECORDS STEERING COMMITTEE: ADVICE TO
1-32     COMMISSION; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.
1-33     (a)  The open records steering committee is composed of:
1-34                 (1)  a representative of each of the following,
1-35     appointed by its governing entity:
1-36                       (A)  the attorney general's office;
1-37                       (B)  the comptroller's office;
1-38                       (C)  the Department of Public Safety;
1-39                       (D)  the Department of Information Resources;
1-40                       (E)  the Texas State Library and Archives
1-41     Commission; and
1-42                       (F)  the General Services Commission;
1-43                 (2)  five public members, appointed by the General
1-44     Services Commission; and
1-45                 (3)  a representative of each of the following types of
1-46     local governments, appointed by the General Services Commission:
1-47                       (A)  a municipality;
1-48                       (B)  a county; and
1-49                       (C)  a school district.
1-50           (b)  The representative of the General Services Commission is
1-51     the presiding officer of the committee.  The committee shall meet
1-52     as prescribed by committee procedures or at the call of the
1-53     presiding officer.
1-54           (c)  The committee shall advise the General Services
1-55     Commission regarding the commission's performance of its duties
1-56     under this chapter.
1-57           (d)  The members of the committee who represent state
1-58     governmental bodies and the public members of the committee shall
1-59     periodically study and determine the types of public information
1-60     for which it would be useful to the public or cost-effective for
1-61     the government if the type of information were made available by
1-62     state governmental bodies by means of the Internet or another
1-63     electronic format.  The committee shall report its findings and
1-64     recommendations to the governor, the presiding officer of each
 2-1     house of the legislature, and the budget committee and state
 2-2     affairs committee of each house of the legislature.
 2-3           (e)  Chapter 2110 does not apply to the size, composition, or
 2-4     duration of the committee.  Chapter 2110 applies to the
 2-5     reimbursement of a public member's expenses related to service on
 2-6     the committee.  Any reimbursement of the expenses of a member who
 2-7     represents a state or local governmental body may be paid only from
 2-8     funds available to the state or local governmental body the member
 2-9     represents.
2-10           Sec. 552.010.  STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
2-11     INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE.  (a)  Each
2-12     state governmental body shall report to the Legislative Budget
2-13     Board the information the board requires regarding:
2-14                 (1)  the number and nature of requests for information
2-15     the state governmental body processes under this chapter in the
2-16     period covered by the report; and
2-17                 (2)  the cost to the state governmental body in that
2-18     period in terms of capital expenditures and personnel time of:
2-19                       (A)  responding to requests for information under
2-20     this chapter; and
2-21                       (B)  making information available to the public
2-22     by means of the Internet or another electronic format.
2-23           (b)  The Legislative Budget Board shall design and phase in
2-24     the reporting requirements in a way that:
2-25                 (1)  minimizes the reporting burden on state
2-26     governmental bodies; and
2-27                 (2)  allows the legislature and state governmental
2-28     bodies to estimate the extent to which it is cost-effective for
2-29     state government, and if possible the extent to which it is
2-30     cost-effective or useful for members of the public, to  make
2-31     information available to the public by means of the Internet or
2-32     another electronic format as a supplement or alternative to
2-33     publicizing the information only in other ways or making the
2-34     information available only in response to requests made under this
2-35     chapter.
2-36           (c)  The open records steering committee and the state
2-37     auditor, at the request of the Legislative Budget Board, shall
2-38     assist the board in designing its reporting requirements under this
2-39     section.  The board shall share the information reported under this
2-40     section with the open records steering committee.
2-41           SECTION 4.  Subchapter A, Chapter 552, Government Code, is
2-42     amended by adding Section 552.011 to read as follows:
2-43           Sec. 552.011.  UNIFORMITY.  The attorney general shall
2-44     maintain uniformity in the application, operation, and
2-45     interpretation of this chapter.  To perform this duty, the attorney
2-46     general may prepare, distribute, and publish any materials,
2-47     including detailed and comprehensive written decisions and
2-48     opinions, that relate to or are based on this chapter.
2-49           SECTION 5.  Section 552.022, Government Code, is amended to
2-50     read as follows:
2-51           Sec. 552.022.  CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
2-52     (a)  Without limiting the amount or kind of information that is
2-53     public information under this chapter, the following categories of
2-54     information are public information and not excepted from required
2-55     disclosure under this chapter unless they are expressly
2-56     confidential under other law:
2-57                 (1)  a completed report, audit, evaluation, or
2-58     investigation made of, for, or by a governmental body, except as
2-59     provided by Section 552.108;
2-60                 (2)  the name, sex, ethnicity, salary, title, and dates
2-61     of employment of each employee and officer of a governmental body;
2-62                 (3)  information in an account, voucher, or contract
2-63     relating to the receipt or expenditure of public or other funds by
2-64     a governmental body[, if the information is not otherwise made
2-65     confidential by law];
2-66                 (4)  the name of each official and the final record of
2-67     voting on all proceedings in a governmental body;
2-68                 (5)  all working papers, research material, and
2-69     information used to estimate the need for or expenditure of public
 3-1     funds or taxes by a governmental body, on completion of the
 3-2     estimate;
 3-3                 (6)  the name, place of business, and the name of the
 3-4     municipality to which local sales and use taxes are credited, if
 3-5     any, for the named person, of a person reporting or paying sales
 3-6     and use taxes under Chapter 151, Tax Code;
 3-7                 (7)  a description of an agency's central and field
 3-8     organizations [organization], including:
 3-9                       (A)  the established places at which the public
3-10     may obtain information, submit information or requests, or obtain
3-11     decisions;
3-12                       (B)  the employees from whom the public may
3-13     obtain information, submit information or requests, or obtain
3-14     decisions;
3-15                       (C)  in the case of a uniformed service, the
3-16     members from whom the public may obtain information, submit
3-17     information or requests, or obtain decisions; and
3-18                       (D)  the methods by which the public may obtain
3-19     information, submit information or requests, or obtain decisions;
3-20                 (8)  a statement of the general course and method by
3-21     which an agency's functions are channeled and determined, including
3-22     the nature and requirements of all formal and informal policies and
3-23     procedures;
3-24                 (9)  a rule of procedure, a description of forms
3-25     available or the places at which forms may be obtained, and
3-26     instructions relating to the scope and content of all papers,
3-27     reports, or examinations;
3-28                 (10)  a substantive rule of general applicability
3-29     adopted or issued by an agency as authorized by law, and a
3-30     statement of general policy or interpretation of general
3-31     applicability formulated and adopted by an agency;
3-32                 (11)  each amendment, revision, or repeal of
3-33     information described by Subdivisions (7)-(10);
3-34                 (12)  final opinions, including concurring and
3-35     dissenting opinions, and orders issued in the adjudication of
3-36     cases;
3-37                 (13)  a policy statement or interpretation that has
3-38     been adopted or issued by an agency;
3-39                 (14)  administrative staff manuals and instructions to
3-40     staff that affect a member of the public;
3-41                 (15)  information regarded as open to the public under
3-42     an agency's policies;
3-43                 (16)  information that is in a bill for attorney's fees
3-44     and that is not privileged under the attorney-client privilege [or
3-45     confidential under other law];
3-46                 (17)  information that is also contained in a public
3-47     court record; and
3-48                 (18)  a settlement agreement to which a governmental
3-49     body is a party [unless the agreement is confidential under other
3-50     law].
3-51           (b)  A court in this state may not order a governmental body
3-52     or an officer for public information to withhold from public
3-53     inspection any category of public information described by
3-54     Subsection (a) or to not produce the category of public information
3-55     for inspection or duplication, unless the category of information
3-56     is expressly made confidential under other law.
3-57           SECTION 6.  Section 552.103, Government Code, is amended by
3-58     amending Subsection (a) and adding Subsection (c) to read as
3-59     follows:
3-60           (a)  Information is excepted from the requirements of Section
3-61     552.021 if it is information[:]
3-62                 [(1)]  relating to litigation of a civil or criminal
3-63     nature [or settlement negotiations,] to which the state or a
3-64     political subdivision is or may be a party or to which an officer
3-65     or employee of the state or a political subdivision, as a
3-66     consequence of the person's office or employment, is or may be a
3-67     party[; and]
3-68                 [(2)  that the attorney general or the attorney of the
3-69     political subdivision has determined should be withheld from public
 4-1     inspection].
 4-2           (c)  Information relating to litigation involving a
 4-3     governmental body or an officer or employee of a governmental body
 4-4     is excepted from disclosure under Subsection (a) only if the
 4-5     litigation is pending or reasonably anticipated on the date that
 4-6     the requestor applies to the officer for public information for
 4-7     access to or duplication of the information.
 4-8           SECTION 7.  Section 552.110, Government Code, is amended to
 4-9     read as follows:
4-10           Sec. 552.110.  EXCEPTION:  TRADE SECRETS; CERTAIN[,]
4-11     COMMERCIAL [INFORMATION,] OR FINANCIAL INFORMATION.  (a)  A trade
4-12     secret [or commercial or financial information] obtained from a
4-13     person and privileged or confidential by statute or judicial
4-14     decision is excepted from the requirements of Section 552.021.
4-15           (b)  Commercial or financial information for which it is
4-16     demonstrated based on specific factual evidence that disclosure
4-17     would cause substantial competitive harm to the person from whom
4-18     the information was obtained is excepted from the requirements of
4-19     Section 552.021.
4-20           SECTION 8.  Section 552.116, Government Code, is amended to
4-21     read as follows:
4-22           Sec. 552.116.  EXCEPTION:  AUDIT WORKING PAPERS.  (a)  An
4-23     audit working paper of an [or draft] audit [report] of the state
4-24     auditor or the auditor of a [another] state agency or institution
4-25     of higher education as defined by Section 61.003, Education Code,
4-26     is excepted from the requirements of Section 552.021.  If
4-27     information in an audit working paper is also maintained in another
4-28     record, that other record is not excepted from the requirements of
4-29     Section 552.021 by this section.
4-30           (b)  In this section:
4-31                 (1)  "Audit" means an audit authorized or required by a
4-32     statute of this state or the United States and includes an
4-33     investigation.
4-34                 (2)  "Audit working paper" includes all information,
4-35     documentary or otherwise, prepared or maintained in conducting an
4-36     audit or preparing an audit report, including:
4-37                       (A)  intra-agency and interagency communications;
4-38     and
4-39                       (B)  drafts of the audit report or portions of
4-40     those drafts.
4-41           SECTION 9.  Subchapter C, Chapter 552, Government Code, is
4-42     amended by adding Section 552.131 to read as follows:
4-43           Sec. 552.131.  EXCEPTION:  ECONOMIC DEVELOPMENT INFORMATION.
4-44     (a)  Information is excepted from the requirements of Section
4-45     552.021 if the information relates to economic development
4-46     negotiations involving a governmental body and a business prospect
4-47     that the governmental body seeks to have locate, stay, or expand in
4-48     or near the territory of the governmental body and the information
4-49     relates to:
4-50                 (1)  a trade secret of the business prospect; or
4-51                 (2)  commercial or financial information for which it
4-52     is demonstrated based on specific factual evidence that disclosure
4-53     would cause substantial competitive harm to the person from whom
4-54     the information was obtained.
4-55           (b)  Unless and until an agreement is made with the business
4-56     prospect, information about a financial or other incentive being
4-57     offered to the business prospect by the governmental body or by
4-58     another person is excepted from the requirements of Section
4-59     552.021.
4-60           (c)  After an agreement is made with the business prospect,
4-61     this section does not except from the requirements of Section
4-62     552.021 information about a financial or other incentive being
4-63     offered to the business prospect:
4-64                 (1)  by the governmental body; or
4-65                 (2)  by another person, if the financial or other
4-66     incentive may directly or indirectly result in the expenditure of
4-67     public funds by a governmental body or a reduction in revenue
4-68     received by a governmental body from any source.
4-69           SECTION 10.  Subchapter C, Chapter 552, Government Code, is
 5-1     amended by adding Section 552.132 to read as follows:
 5-2           Sec. 552.132.  EXCEPTION:  CRIME VICTIM INFORMATION.  (a)  A
 5-3     crime victim may elect whether to allow public access to
 5-4     information held by a state or local law enforcement agency, a
 5-5     prosecuting attorney's office, or the crime victim's compensation
 5-6     division of the attorney general's office that relates to:
 5-7                 (1)  the name, social security number, address, or
 5-8     telephone number of the crime victim; or
 5-9                 (2)  any other information the disclosure of which
5-10     would identify or tend to identify the crime victim.
5-11           (b)  An election under Subsection (a) must be:
5-12                 (1)  made in writing on a form developed by the
5-13     attorney general for that purpose and signed by the crime victim;
5-14     and
5-15                 (2)  filed with the law enforcement agency, prosecuting
5-16     attorney's office, or the crime victim's compensation division
5-17     before the third anniversary of the date that the crime victim
5-18     reported the crime to the law enforcement agency.
5-19           (c)  If the crime victim elects not to allow public access to
5-20     the information, the information is excepted from the requirements
5-21     of Section 552.021.  If the crime victim does not make an election
5-22     under Subsection (a) or elects to allow public access to the
5-23     information, the information is not excepted from the requirements
5-24     of Section 552.021 unless the information is made confidential or
5-25     excepted from those requirements by another law.
5-26           (d)  Before the 11th day after a crime victim reports the
5-27     crime to a state or local law enforcement agency, that law
5-28     enforcement agency shall provide the crime victim with a copy of
5-29     the form for making an election under this section.
5-30           SECTION 11.  Subchapter D, Chapter 552, Government Code, is
5-31     amended by adding Section 552.205 to read as follows:
5-32           Sec. 552.205.  INFORMING PUBLIC OF BASIC RIGHTS AND
5-33     RESPONSIBILITIES UNDER THIS CHAPTER.  (a)  An officer for public
5-34     information shall prominently display a sign in the form prescribed
5-35     by the General Services Commission that contains basic information
5-36     about the rights of a requestor, the responsibilities of a
5-37     governmental body, and the procedures for inspecting or obtaining a
5-38     copy of public information under this chapter.  The officer shall
5-39     display the sign at one or more places in the administrative
5-40     offices of the governmental body where it is plainly visible to:
5-41                 (1)  members of the public who request public
5-42     information in person under this chapter; and
5-43                 (2)  employees of the governmental body whose duties
5-44     include receiving or responding to requests under this chapter.
5-45           (b)  The General Services Commission by rule shall prescribe
5-46     the content of the sign and the size, shape, and other physical
5-47     characteristics of the sign.  In prescribing the content of the
5-48     sign, the commission shall include plainly written basic
5-49     information about the rights of a requestor, the responsibilities
5-50     of a governmental body, and the procedures for inspecting or
5-51     obtaining a copy of public information under this chapter that, in
5-52     the opinion of the commission, is most useful for requestors to
5-53     know and for employees of governmental bodies who receive or
5-54     respond to requests for public information to know.
5-55           SECTION 12.  Subsection (b), Section 552.221, Government
5-56     Code, is amended to read as follows:
5-57           (b)  An officer for public information complies with
5-58     Subsection (a) by:
5-59                 (1)  providing the public information for inspection or
5-60     duplication in the offices of the governmental body; or
5-61                 (2)  sending copies of the public information by first
5-62     class United States mail if the person requesting the information
5-63     requests that copies be provided [by mail] and pays [agrees to pay]
5-64     the postage and any other applicable charges that the requestor has
5-65     accrued under Subchapter F.
5-66           SECTION 13.  Section 552.261, Government Code, is amended by
5-67     amending Subsection (a) and adding Subsections (c) and (d) to read
5-68     as follows:
5-69           (a)  The charge for providing a copy of public information
 6-1     shall be an amount that reasonably includes all costs related to
 6-2     reproducing the public information, including costs of materials,
 6-3     labor, and overhead.  If a request is for 50 or fewer pages of
 6-4     paper records, the charge for providing the copy of the public
 6-5     information may not include costs of materials, labor, or overhead,
 6-6     but shall be limited to the photocopying costs, unless the pages to
 6-7     be photocopied are located in:
 6-8                 (1)  two or more separate buildings that are not
 6-9     physically connected with each other [than one building]; or
6-10                 (2)  a remote storage facility.
6-11           (c)  For purposes of Subsection (a), a connection of two
6-12     buildings by a covered or open sidewalk, an elevated or underground
6-13     passageway, or a similar facility is insufficient to cause the
6-14     buildings to be considered separate buildings.
6-15           (d)  Charges for providing a copy of public information are
6-16     considered to accrue at the time the governmental body advises the
6-17     requestor that the copy is available on payment of the applicable
6-18     charges.
6-19           SECTION 14.  Subsections (a), (b), (c), and (d), Section
6-20     552.262, Government Code, are amended to read as follows:
6-21           (a)  The General Services Commission shall adopt rules for
6-22     use by each governmental body in determining charges for providing
6-23     copies of public information under this subchapter and in
6-24     determining the charge, deposit, or bond required for making public
6-25     information that exists in a paper record available for inspection
6-26     as authorized by Sections 552.271(c) and (d).  The rules adopted by
6-27     the General Services Commission shall be used by each governmental
6-28     body in determining charges for providing copies of public
6-29     information and in determining the charge, deposit, or bond
6-30     required for making public information that exists in a paper
6-31     record available for inspection, except to the extent that other
6-32     law provides for charges for specific kinds of public information.
6-33     The charges for providing copies of public information may not be
6-34     excessive and may not exceed the actual cost of producing the
6-35     information or for making public information that exists in a paper
6-36     record available.  A governmental body, other than an agency of
6-37     state government, may determine its own charges for providing
6-38     copies of public information and its own charge, deposit, or bond
6-39     for making public information that exists in a paper record
6-40     available for inspection but may [shall] not charge an amount that
6-41     is greater than 25 percent more than the amount established by the
6-42     General Services Commission unless the governmental body requests
6-43     an exemption under Subsection (c).
6-44           (b)  The rules of the General Services Commission shall
6-45     prescribe the methods for computing the charges for providing
6-46     copies of public information in paper, electronic, and other kinds
6-47     of media and the charge, deposit, or bond required for making
6-48     public information that exists in a paper record available for
6-49     inspection.  The rules shall establish costs for various components
6-50     of charges for providing copies of public information that shall be
6-51     used by each governmental body in providing copies of public
6-52     information or making public information that exists in a paper
6-53     record available for inspection.
6-54           (c)  A governmental body may request that it be exempt from
6-55     part or all of the rules adopted by the General Services Commission
6-56     for determining charges for providing copies of public information
6-57     or the charge, deposit, or bond required for making public
6-58     information that exists in a paper record available for inspection.
6-59     The request must be made in writing to the General Services
6-60     Commission and must state the reason for the exemption.  If the
6-61     General Services Commission determines that good cause exists for
6-62     exempting a governmental body from a part or all of the rules, the
6-63     commission shall give written notice of the determination to the
6-64     governmental body within 90 days of the request.  On receipt of the
6-65     determination, the governmental body may amend its charges for
6-66     providing copies of public information or its charge, deposit, or
6-67     bond required for making public information that exists in a paper
6-68     record available for inspection according to the determination of
6-69     the General Services Commission.
 7-1           (d)  The General Services Commission shall publish annually
 7-2     in the Texas Register a list of the governmental bodies that have
 7-3     authorization from the General Services Commission to adopt any
 7-4     modified rules for determining the cost of providing copies of
 7-5     public information or making public information that exists in a
 7-6     paper record available for inspection.
 7-7           SECTION 15.  Section 552.263, Government Code, is amended by
 7-8     amending Subsection (a) and adding Subsections (c), (d), and (e) to
 7-9     read as follows:
7-10           (a)  An officer for public information or the officer's agent
7-11     may require a deposit or bond for payment of anticipated costs for
7-12     the preparation of a copy of public information if the charge for
7-13     providing the copy of the public information specifically requested
7-14     by the requestor is estimated by the governmental body to exceed:
7-15                 (1)  $100, if the governmental body has more than 15
7-16     full-time employees; or
7-17                 (2)  $50, if the governmental body has fewer than 16
7-18     full-time employees.
7-19           (c)  An officer for public information or the officer's agent
7-20     may require a deposit or bond for payment of unpaid amounts owing
7-21     to the governmental body in relation to previous requests that the
7-22     requestor has made under this chapter before preparing a copy of
7-23     public information in response to a new request if those unpaid
7-24     amounts exceed $100.
7-25           (d)  The governmental body must fully document the existence
7-26     and amount of those unpaid amounts or the amount of any anticipated
7-27     costs, as applicable, before requiring a deposit or bond under this
7-28     section.  The documentation is subject to required public
7-29     disclosure under this chapter.
7-30           (e)  For purposes of Subchapters E and G, a request for a
7-31     copy of public information is considered to have been received by a
7-32     governmental body on the date the governmental body receives the
7-33     deposit or bond for payment of anticipated costs or unpaid amounts
7-34     if the governmental body's officer for public information or the
7-35     officer's agent requires a deposit or bond in accordance with this
7-36     section.
7-37           SECTION 16.  Section 552.271, Government Code, is amended to
7-38     read as follows:
7-39           Sec. 552.271.  INSPECTION OF PUBLIC INFORMATION IN PAPER
7-40     RECORD IF COPY NOT REQUESTED.  (a)  If the requestor does not
7-41     request a copy of public information, a [A] charge may not be
7-42     imposed for making available for inspection any public information
7-43     that exists in a paper record, except as provided by this section.
7-44           (b)  If [that if] a requested page contains confidential
7-45     information that must be edited from the record before the
7-46     information can be made available for inspection, the governmental
7-47     body may charge for the cost of making a photocopy of the page from
7-48     which confidential information must be edited.  No charge other
7-49     than the cost of the photocopy may be imposed under this
7-50     subsection.
7-51           (c)  Except as provided by Subsection (d), an officer for
7-52     public information or the officer's agent may require a requestor
7-53     to pay, or to make a deposit or post a bond for the payment of,
7-54     anticipated personnel costs for making available for inspection
7-55     public information that exists in paper records only if:
7-56                 (1)  the public information specifically requested by
7-57     the requestor:
7-58                       (A)  is older than five years; or
7-59                       (B)  completely fills, or when assembled will
7-60     completely fill, six or more archival boxes; and
7-61                 (2)  the officer for public information or the
7-62     officer's agent estimates that more than five hours will be
7-63     required to make the public information available for inspection.
7-64           (d)  If the governmental body has fewer than 16 full-time
7-65     employees, the payment, the deposit, or the bond authorized by
7-66     Subsection (c) may be required only if:
7-67                 (1)  the public information specifically requested by
7-68     the requestor:
7-69                       (A)  is older than three years; or
 8-1                       (B)  completely fills, or when assembled will
 8-2     completely fill, three or more archival boxes; and
 8-3                 (2)  the officer for public information or the
 8-4     officer's agent estimates that more than two hours will be required
 8-5     to make the public information available for inspection.
 8-6           SECTION 17.  Subsection (a), Section 552.274, Government
 8-7     Code, is amended to read as follows:
 8-8           (a)  Not later than December [September] 1 of each
 8-9     odd-numbered year, each state agency shall provide the General
8-10     Services Commission detailed information, for use by the commission
8-11     in preparing the report required by Sections 2(c) and (d), Chapter
8-12     428, Acts of the 73rd Legislature, Regular Session, 1993,
8-13     describing the agency's procedures for charging and collecting fees
8-14     for providing copies of public information.
8-15           SECTION 18.  Section 552.301, Governmental Code, is amended
8-16     to read as follows:
8-17           Sec. 552.301.  Request for Attorney General Decision.  (a)  A
8-18     governmental body that receives a written request for information
8-19     that it wishes to withhold from public disclosure and that it
8-20     considers to be within one of the exceptions under Subchapter C
8-21     must ask for a decision from the attorney general about whether the
8-22     information is within that exception if there has not been a
8-23     previous determination about whether the information falls within
8-24     one of the exceptions.
8-25           (b)  The governmental body must ask for the attorney
8-26     general's decision and state the exceptions that apply within a
8-27     reasonable time but not later than the 10th business day after the
8-28     date of receiving the written request.
8-29           (c)  For purposes of this subchapter, a written request
8-30     includes a request made in writing that is sent to the officer for
8-31     public information, or the person designated by that officer, by
8-32     electronic mail or facsimile transmission.
8-33           (d)  A governmental body that requests an attorney general
8-34     decision under Subsection (a) must provide to the requestor within
8-35     a reasonable time but not later than the 10th business day after
8-36     the date of receiving the requestor's written request:
8-37                 (1)  a written statement that the governmental body
8-38     wishes to withhold the requested information and has asked for a
8-39     decision from the attorney general about whether the information is
8-40     within an exception to public disclosure; and
8-41                 (2)  a copy of the governmental body's written
8-42     communication to the attorney general asking for the decision or,
8-43     if the governmental body's written communication to the attorney
8-44     general discloses the requested information, a redacted copy of
8-45     that written communication.
8-46           (e) [(b)]  A governmental body that requests an attorney
8-47     general decision under Subsection (a) must within a reasonable time
8-48     but not later than the 15th business day after the date of
8-49     receiving the written request:
8-50                 (1)  submit to the attorney general:
8-51                       (A)  written comments stating the reasons why the
8-52     stated exceptions apply that would allow the information to be
8-53     withheld;
8-54                       (B) [(2)  submit to the attorney general] a copy
8-55     of the written request for information;
8-56                       (C)  a signed statement as to the date on which
8-57     the written request for information was received by the
8-58     governmental body or evidence sufficient to establish that date;
8-59     and
8-60                       (D) [(3)  submit to the attorney general] a copy
8-61     of the specific information requested, or submit representative
8-62     samples of the information if a voluminous amount of information
8-63     was requested; and
8-64                 (2) [(4)]  label that copy of the specific information,
8-65     or of the representative samples, to indicate which exceptions
8-66     apply to which parts of the copy.
8-67           (f)  A governmental body must release the requested
8-68     information and is prohibited from asking for a decision from the
8-69     attorney general about whether information requested under this
 9-1     chapter is within an exception under Subchapter C if:
 9-2                 (1)  the governmental body has previously requested and
 9-3     received a determination from the attorney general concerning the
 9-4     precise information at issue in a pending request; and
 9-5                 (2)  the attorney general or a court determined that
 9-6     the information is public information under this chapter that is
 9-7     not excepted by Subchapter C.
 9-8           (g)  A time deadline under this section is subject to Section
 9-9     552.263(e).
9-10           SECTION 19.  Subchapter G, Chapter 552, Government Code, is
9-11     amended by adding Section 552.3011 to read as follows:
9-12           Sec. 552.3011.  REQUEST FOR ATTORNEY GENERAL DECISION:
9-13     BURDENSOME REPETITIOUS REQUESTS.  (a)  If a governmental body
9-14     believes that a requestor has made burdensome repetitious requests
9-15     of the governmental body under this chapter for information that
9-16     the governmental body has previously furnished to the requestor or
9-17     made available to the requestor on payment of applicable charges
9-18     under Subchapter F, the governmental body may request the attorney
9-19     general for a decision:
9-20                 (1)  that the requestor has made burdensome repetitious
9-21     requests; and
9-22                 (2)  that, as a consequence, the governmental body may
9-23     respond to the current request and to any future request by the
9-24     requestor for information that the governmental body has previously
9-25     furnished or made available to the requestor on payment of
9-26     applicable charges under Subchapter F by referring the requestor to
9-27     the information already furnished or made available.
9-28           (b)  A decision under Subsection (a)(2) does not affect a
9-29     request for information that the governmental body has not
9-30     previously furnished or made available to the requestor on payment
9-31     of applicable charges under Subchapter F.  A request by a requestor
9-32     who is the subject of a decision under Subsection (a) for that
9-33     information, including information that was not previously
9-34     furnished or made available because it was redacted from other
9-35     information that was furnished or made available or that was
9-36     requested but did not yet exist at the time of an earlier request,
9-37     shall be treated in the same manner as any other request for
9-38     information under this chapter.
9-39           (c)  A governmental body must request a decision under this
9-40     section within the same time and in the same manner as a request
9-41     under Section 552.301.  The attorney general must respond to the
9-42     request and render the decision in the same manner and within the
9-43     same time as with a request under Section 552.301.
9-44           SECTION 20.  Subsections (a), (b), (c), and (e), Section
9-45     552.303, Government Code, are amended to read as follows:
9-46           (a)  A governmental body that requests an attorney general
9-47     decision under this subchapter shall supply to the attorney
9-48     general, in accordance with Section 552.301, the specific
9-49     information requested.  Unless the information requested is
9-50     confidential by law, the [The] governmental body may [not] disclose
9-51     the requested information to the public or to the requestor before
9-52     [until] the attorney general makes a final determination that the
9-53     requested information is public or, if suit is filed under this
9-54     chapter, before [until] a final determination that the requested
9-55     information is public has been made by the court with jurisdiction
9-56     over the suit, except as otherwise provided by Section 552.322.
9-57           (b)  The attorney general may determine whether a
9-58     governmental body's submission of information to the attorney
9-59     general under Section 552.301 is sufficient to render a decision.
9-60           (c)  If the [governmental body failed to supply to the]
9-61     attorney general determines that [all of the specific] information
9-62     in addition to that required by Section 552.301 is necessary to
9-63     render a decision, the attorney general shall give written notice
9-64     of that fact to the governmental body and the requestor.
9-65           (e)  If a governmental body does not comply with Subsection
9-66     (d), the information that is the subject of a person's request to
9-67     the governmental body and regarding which the governmental body
9-68     fails to comply with Subsection (d) is presumed to be subject to
9-69     required public disclosure and must be released unless there exists
 10-1    a compelling reason to withhold the information.
 10-2          SECTION 21.  Subchapter G, Chapter 552, Government Code, is
 10-3    amended by adding Section 552.3035 to read as follows:
 10-4          Sec. 552.3035.  DISCLOSURE OF REQUESTED INFORMATION BY
 10-5    ATTORNEY GENERAL.  The attorney general may not disclose to the
 10-6    requestor or the public any information submitted to the attorney
 10-7    general under Section 552.301(e)(1)(D) or Section 552.303(d).
 10-8          SECTION 22.  Section 552.305, Government Code, is amended by
 10-9    adding Subsections (d), (e), and (f) to read as follows:
10-10          (d)  If a person's privacy or property interests may be
10-11    involved under Subsection (a), the governmental body that requests
10-12    an attorney general decision under Section 552.301 shall notify
10-13    that person of the request for the attorney general decision.
10-14    Notice under this subsection must:
10-15                (1)  be in writing and sent within a reasonable time
10-16    not later than the 10th business day after the date the
10-17    governmental body received the request for the information;
10-18                (2)  include a copy of:
10-19                      (A)  the written request for the information, if
10-20    any, received by the governmental body;
10-21                      (B)  the governmental body's written request for
10-22    the attorney general decision; and
10-23                      (C)  a list of citations to each opinion or open
10-24    records decision of the attorney general and to each judicial
10-25    decision known to the governmental body that contains the criteria
10-26    that authorize information to be withheld under each applicable
10-27    exception in this chapter; and
10-28                (3)  state that the person is entitled to submit in
10-29    writing to the attorney general within a reasonable time not later
10-30    than the 10th business day after the date the person receives the
10-31    notice:
10-32                      (A)  each reason the person has as to why the
10-33    information should be withheld; and
10-34                      (B)  a letter, memorandum, or brief in support of
10-35    that reason.
10-36          (e)  A person who submits a letter, memorandum, or brief to
10-37    the attorney general under Subsection (d) shall send a copy of that
10-38    letter, memorandum, or brief to the person who requested the
10-39    information from the governmental body.  If the letter, memorandum,
10-40    or brief submitted to the attorney general contains the substance
10-41    of the information requested, the copy of the letter, memorandum,
10-42    or brief may be a redacted copy.
10-43          (f)  This subsection applies only to a governmental body that
10-44    does not make a reasonable attempt to provide notice under
10-45    Subsection (d) to a person whose privacy or property interests are
10-46    involved under Subsection (a).  If the governmental body
10-47    subsequently releases the requested information in compliance with
10-48    a decision of the attorney general that the information may not be
10-49    withheld and if the person whose privacy or property interests are
10-50    involved brings a suit for damages against the governmental body
10-51    for releasing the requested information, the governmental body may
10-52    not use or attempt to use the decision of the attorney general as a
10-53    defense to the suit or in mitigation of damages.  To the extent of
10-54    any conflict between this subsection and another law, this
10-55    subsection controls.
10-56          SECTION 23.  Subsection (a), Section 552.306, Government
10-57    Code, is amended to read as follows:
10-58          (a)  Except as provided by Section 552.011, the [The]
10-59    attorney general shall promptly render a decision requested under
10-60    this subchapter, consistent with the standards of due process,
10-61    determining whether the requested information is within one of the
10-62    exceptions of Subchapter C.  The attorney general shall render the
10-63    decision not later than the 45th [60th] working day after the date
10-64    the attorney general received the request for a decision.  If the
10-65    attorney general is unable to issue the decision within the 45-day
10-66    [60-day] period, the attorney general may extend the period for
10-67    issuing the decision by an additional 10 [20] working days by
10-68    informing the governmental body and the requestor, during the
10-69    original 45-day [60-day] period, of the reason for the delay.
 11-1          SECTION 24.  Section 552.308, Government Code, is amended to
 11-2    read as follows:
 11-3          Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES OR
 11-4    INTERAGENCY MAIL.  (a)  When this subchapter requires a request,
 11-5    notice, or other document to be submitted or otherwise given to a
 11-6    person within a specified period, the requirement is met in a
 11-7    timely fashion if the document is sent to the person by first class
 11-8    United States mail properly addressed with postage prepaid and:
 11-9                (1)  it bears a post office cancellation mark
11-10    indicating a time within that [the] period; or
11-11                (2)  the person required to submit or otherwise give
11-12    the document furnishes satisfactory proof that it was deposited in
11-13    the mail within that [the] period.
11-14          (b)  When this subchapter requires an agency of this state to
11-15    submit or otherwise give to the attorney general within a specified
11-16    period a request, notice, or other writing, the requirement is met
11-17    in a timely fashion if:
11-18                (1)  the request, notice, or other writing is sent to
11-19    the attorney general by interagency mail; and
11-20                (2)  the agency provides evidence sufficient to
11-21    establish that the request, notice, or other writing was deposited
11-22    in the interagency mail within that period.
11-23          SECTION 25.  Section 552.321, Government Code, is amended to
11-24    read as follows:
11-25          Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS.  (a)  A requestor
11-26    or the attorney general may file suit for a writ of mandamus
11-27    compelling a governmental body to make information available for
11-28    public inspection if the governmental body refuses to request an
11-29    attorney general's decision as provided by Subchapter G or refuses
11-30    to supply public information or information that the attorney
11-31    general has determined is public information that is not excepted
11-32    from disclosure under Subchapter C.
11-33          (b)  A suit filed by a requestor under this section must be
11-34    filed in a district court for the county in which the main offices
11-35    of the governmental body are located.  A suit filed by the attorney
11-36    general under this section must be filed in a district court of
11-37    Travis County.
11-38          SECTION 26.  Subchapter H, Chapter 552, Government Code, is
11-39    amended by adding Section 552.3215 to read as follows:
11-40          Sec. 552.3215.  DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.
11-41    (a)  In this section:
11-42                (1)  "Complainant" means a person who claims to be the
11-43    victim of a violation of this chapter.
11-44                (2)  "State agency" means a board, commission,
11-45    department, office, or other agency that:
11-46                      (A)  is in the executive branch of state
11-47    government;
11-48                      (B)  was created by the constitution or a statute
11-49    of this state; and
11-50                      (C)  has statewide jurisdiction.
11-51          (b)  An action for a declaratory judgment or injunctive
11-52    relief may be brought in accordance with this section against a
11-53    governmental body that violates this chapter.
11-54          (c)  The district or county attorney for the county in which
11-55    a governmental body other than a state agency is located or the
11-56    attorney general may bring the action in the name of the state only
11-57    in a district court for that county.  If the governmental body
11-58    extends into more than one county, the action may be brought only
11-59    in the county in which the administrative offices of the
11-60    governmental body are located if brought by the district or county
11-61    attorney and only in a district court of Travis County if brought
11-62    by the attorney general.
11-63          (d)  If the governmental body is a state agency, the Travis
11-64    County district attorney or the attorney general may bring the
11-65    action in the name of the state only in a district court of Travis
11-66    County.
11-67          (e)  A complainant may file a complaint alleging a violation
11-68    of this chapter.  The complaint must be filed with the district or
11-69    county attorney of the county in which the governmental body is
 12-1    located.  If the governmental body extends into more than one
 12-2    county, the complaint must be filed with the district or county
 12-3    attorney of the county in which the administrative offices of the
 12-4    governmental body are located.  If the governmental body is a state
 12-5    agency, the complaint may be filed with the Travis County district
 12-6    attorney.  To be valid, a complaint must:
 12-7                (1)  be in writing and signed by the complainant;
 12-8                (2)  state the name of the governmental body that
 12-9    allegedly committed the violation, as accurately as can be done by
12-10    the complainant;
12-11                (3)  state the time and place of the alleged commission
12-12    of the violation, as definitely as can be done by the complainant;
12-13    and
12-14                (4)  in general terms, describe the violation.
12-15          (f)  A district or county attorney with whom the complaint is
12-16    filed shall indicate on the face of the written complaint the date
12-17    the complaint is filed.
12-18          (g)  Before the 31st day after the date a complaint is filed
12-19    under Subsection (e), the district or county attorney shall:
12-20                (1)  determine whether:
12-21                      (A)  the violation alleged in the complaint was
12-22    committed; and
12-23                      (B)  an action will be brought against the
12-24    governmental body under this section; and
12-25                (2)  notify the complainant in writing of those
12-26    determinations.
12-27          (h)  If the district or county attorney determines not to
12-28    bring an action under this section, the district or county attorney
12-29    shall:
12-30                (1)  include a statement of the basis for that
12-31    determination; and
12-32                (2)  return the complaint to the complainant.
12-33          (i)  If the district or county attorney determines not to
12-34    bring an action under this section, the complainant is entitled to
12-35    file the complaint with the attorney general before the 31st day
12-36    after the date the complaint is returned to the complainant.  On
12-37    receipt of the written complaint, the attorney general shall comply
12-38    with each requirement in Subsections (g) and (h) in the time
12-39    required by those subsections.  If the attorney general decides to
12-40    bring an action under this section against a governmental body
12-41    located only in one county in response to the complaint, the
12-42    attorney general must comply with Subsection (c).
12-43          (j)  An action may be brought under this section only if the
12-44    official proposing to bring the action notifies the governmental
12-45    body in writing of the official's determination that the alleged
12-46    violation was committed and the governmental body does not cure the
12-47    violation before the fourth day after the date the governmental
12-48    body receives the notice.
12-49          (k)  An action authorized by this section is in addition to
12-50    any other civil, administrative, or criminal action provided by
12-51    this chapter or another law.
12-52          SECTION 27.  Section 552.323, Government Code, is amended to
12-53    read as follows:
12-54          Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND
12-55    REASONABLE ATTORNEY FEES.  (a)  In an action brought under Section
12-56    552.321 or 552.3215 [Section 552.353(b)(3)], the court shall [may]
12-57    assess costs of litigation and reasonable attorney fees incurred by
12-58    a plaintiff [or defendant] who substantially prevails, except that
12-59    the court may not assess those costs and fees:
12-60                (1)  to the extent that the court has already ordered
12-61    the costs and fees to be paid under Chapter 9, Civil Practice and
12-62    Remedies Code; or
12-63                (2)  against a governmental body if the court finds
12-64    that the governmental body acted in reasonable reliance on:
12-65                      (A)  a judgment or an order of a court applicable
12-66    to the governmental body;
12-67                      (B)  the published opinion of an appellate court;
12-68    or
12-69                      (C)  a written decision of the attorney general,
 13-1    including a decision issued under Subchapter G or an opinion issued
 13-2    under Section 402.042.
 13-3          (b)  In an action brought under Section 552.353(b)(3), the
 13-4    court may assess costs of litigation and reasonable attorney's fees
 13-5    incurred by a plaintiff or defendant who substantially prevails.
 13-6    In exercising its discretion under this subsection [section], the
 13-7    court shall consider whether the conduct of the officer for public
 13-8    information of the governmental body had a reasonable basis in law
 13-9    and whether the litigation was brought in good faith.
13-10          SECTION 28.  Section 552.324, Government Code, is amended to
13-11    read as follows:
13-12          Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  (a)  The only suit
13-13    a governmental body or officer for public information may file
13-14    seeking to withhold information from a requestor is a suit that is
13-15    filed in accordance with Sections 552.325 and 552.353 and that
13-16    challenges a decision by the attorney general issued under
13-17    Subchapter G.
13-18          (b)  The governmental body must bring the suit not later than
13-19    the 30th calendar day after the date the governmental body receives
13-20    the decision of the attorney general being challenged.  If the
13-21    governmental body does not bring suit within that period, the
13-22    governmental body shall comply with the decision of the attorney
13-23    general.  This subsection does not affect the earlier deadline for
13-24    purposes of Section 552.353(b)(3) for a suit brought by an officer
13-25    for public information.
13-26          SECTION 29.  Subchapter H, Chapter 552, Government Code, is
13-27    amended by adding Section 552.326 to read as follows:
13-28          Sec. 552.326.  FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY
13-29    GENERAL.  (a)  Except as provided by Subsection (b), the only
13-30    exceptions to required disclosure within Subchapter C that a
13-31    governmental body may raise in a suit filed under this chapter are
13-32    exceptions that the governmental body properly raised before the
13-33    attorney general in connection with its request for a decision
13-34    regarding the matter under Subchapter G.
13-35          (b)  Subsection (a) does not prohibit a governmental body
13-36    from raising an exception:
13-37                (1)  based on a requirement of federal law; or
13-38                (2)  involving the property or privacy interests of
13-39    another person.
13-40          SECTION 30.  Subchapter D, Chapter 551, Government Code, is
13-41    amended by adding Section 551.086 to read as follows:
13-42          Sec. 551.086.  DELIBERATION REGARDING ECONOMIC DEVELOPMENT
13-43    NEGOTIATIONS; CLOSED MEETING.  This chapter does not require a
13-44    governmental body to conduct an open meeting:
13-45                (1)  to discuss or deliberate regarding commercial or
13-46    financial information that the governmental body has received from
13-47    a business prospect that the governmental body seeks to have
13-48    locate, stay, or expand in or near the territory of the
13-49    governmental body and with which the governmental body is
13-50    conducting economic development negotiations; or
13-51                (2)  to deliberate the offer of a financial or other
13-52    incentive to a business prospect described by Subdivision (1).
13-53          SECTION 31.  Section 325.011, Government Code, is amended to
13-54    read as follows:
13-55          Sec. 325.011.  CRITERIA FOR REVIEW.  The commission and its
13-56    staff shall consider the following criteria in determining whether
13-57    a public need exists for the continuation of a state agency or its
13-58    advisory committees or for the performance of the functions of the
13-59    agency or its advisory committees:
13-60                (1)  the efficiency with which the agency or advisory
13-61    committee operates;
13-62                (2)  an identification of the objectives intended for
13-63    the agency or advisory committee and the problem or need that the
13-64    agency or advisory committee was intended to address, the extent to
13-65    which the objectives have been achieved, and any activities of the
13-66    agency in addition to those granted by statute and the authority
13-67    for these activities;
13-68                (3)  an assessment of less restrictive or alternative
13-69    methods of performing any regulation that the agency performs that
 14-1    could adequately protect the public;
 14-2                (4)  the extent to which the advisory committee is
 14-3    needed and is used;
 14-4                (5)  the extent to which the jurisdiction of the agency
 14-5    and the programs administered by the agency overlap or duplicate
 14-6    those of other agencies and the extent to which the programs
 14-7    administered by the agency can be consolidated with the programs of
 14-8    other state agencies;
 14-9                (6)  whether the agency has recommended to the
14-10    legislature statutory changes calculated to be of benefit to the
14-11    public rather than to an occupation, business, or institution that
14-12    the agency regulates;
14-13                (7)  the promptness and effectiveness with which the
14-14    agency disposes of complaints concerning persons affected by the
14-15    agency;
14-16                (8)  the extent to which the agency has encouraged
14-17    participation by the public in making its rules and decisions as
14-18    opposed to participation solely by those it regulates and the
14-19    extent to which the public participation has resulted in rules
14-20    compatible with the objectives of the agency;
14-21                (9)  the extent to which the agency has complied with
14-22    applicable requirements of an agency of the United States or of
14-23    this state regarding equality of employment opportunity and the
14-24    rights and privacy of individuals;
14-25                (10)  the extent to which changes are necessary in the
14-26    enabling statutes of the agency so that the agency can adequately
14-27    comply with the criteria listed in this section;
14-28                (11)  the extent to which the agency issues and
14-29    enforces rules relating to potential conflicts of interest of its
14-30    employees;
14-31                (12)  the extent to which the agency complies with
14-32    Chapters [Chapter 552, and with Chapter] 551 and 552 and follows
14-33    records management practices that enable the agency to respond
14-34    efficiently to requests for public information; and
14-35                (13)  the effect of federal intervention or loss of
14-36    federal funds if the agency is abolished.
14-37          SECTION 32.  Subsection (d), Section 2, Chapter 428, Acts of
14-38    the 73rd Legislature, Regular Session, 1993, is amended to read as
14-39    follows:
14-40          (d)  The commission shall revise and update the report
14-41    biennially and shall provide a copy of the updated report to each
14-42    state agency not later than March 1 of each even-numbered year.
14-43          SECTION 33.  (a)  The General Services Commission shall adopt
14-44    the rules required by Section 552.205, Government Code, as added by
14-45    this Act, in sufficient time so that governmental bodies may print
14-46    the sign required by that section and begin displaying the sign on
14-47    or before January 3, 2000.
14-48          (b)  A governmental body is not required under Section
14-49    552.205, Government Code, as added by this Act, to display the
14-50    required sign before January 3, 2000.
14-51          SECTION 34.  Subsections (d) and (e), Section 552.305,
14-52    Government Code, as added by this Act, apply only in connection
14-53    with a request from a governmental body for an attorney general
14-54    decision under Section 552.301 of that code that is made on or
14-55    after the effective date of this Act.  A request for an attorney
14-56    general decision under Section 552.301, Government Code, that is
14-57    made before that date is covered by the law in effect on the date
14-58    the request was made, and the former law is continued in effect for
14-59    that purpose.
14-60          SECTION 35.  This Act takes effect September 1, 1999.
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