SRC-LBB, VRA S.B. 84 78(R)   ,BILL ANALYSIS


Senate Research Center   S.B. 84
78R30 JD-DBy: Wentworth
State Affairs
1/31/2003
As Filed


DIGEST AND PURPOSE 

Currently, Section 552.221, Government Code, requires an officer for
public information of a governmental body to promptly produce public
information for inspection, duplication, or both.  Section 552.221 also
states that if an officer for public information cannot produce public
information within 10 business days after the request, the officer is
required to certify that fact in writing to the requestor and set a  date
and hour within a reasonable time when the information will be available.
In an open records decision (ORD-664) in February 2000, then-Attorney
General John Cornyn stated that section 552.221 requires the release of
information as soon as possible under the circumstances.   

As proposed, S.B. 84 amends the Government Code to codify the ruling in
ORD-664 by defining "promptly" as meaning "as soon as possible under the
circumstances, within a reasonable time, without delay," thus clarifying
that a governmental body is not entitled to automatically withhold for 10
business days information not excepted from public disclosure. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.221(a), Government Code, to define
"promptly." 

SECTION 2.  Effective date:  upon passage or September 1, 2003.