78R4940 JD-D
By: Merritt H.B. No. 1562
A BILL TO BE ENTITLED
AN ACT
relating to applications for public information that are frivolous
or filed for the purpose of harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 552, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. APPLICATIONS FOR PUBLIC INFORMATION THAT ARE
FRIVOLOUS OR MADE FOR PURPOSE OF HARASSMENT
Sec. 552.401. APPLICABILITY. (a) This subchapter applies
only to:
(1) a governmental body of a municipality located in
whole or in part in a county having a population of less than
200,000; or
(2) a governmental body of a county with a population
of 200,000 or less.
(b) This subchapter does not apply to an application for
public information filed by a bona fide member of the news media
acting in that capacity.
Sec. 552.402. DUTIES OF STATE OFFICE OF ADMINISTRATIVE
HEARINGS. (a) An administrative law judge employed by the State
Office of Administrative Hearings shall, on application by an
officer for public information of a governmental body, determine
whether an application for public information filed with that
officer for public information is frivolous or was filed for the
purpose of harassment.
(b) The State Office of Administrative Hearings shall
provide for the stenographic or electronic recording of a hearing
conducted under this subchapter.
(c) For purposes of this subchapter, an application for
public information is filed for the purpose of harassment if:
(1) the application is reasonably likely to harass,
abuse, or torment a governmental body or the officer for public
information of the governmental body; and
(2) a primary reason for the application is to cause
that result.
Sec. 552.403. REQUEST FOR DETERMINATION. (a) An officer
for public information who believes that an application for public
information filed with that officer is frivolous or filed for the
purpose of harassment, instead of complying with Subchapter E, may
file with the State Office of Administrative Hearings a request for
a determination under this subchapter specifying the grounds for
the officer's belief that the application is frivolous or filed for
the purpose of harassment.
(b) The officer for public information must:
(1) file the determination request before the seventh
day after the date the application for public information was filed
with the officer;
(2) file the request in writing; and
(3) send a copy of the request to the person who filed
the application for public information.
(c) A request for a determination stays all proceedings in
furtherance of the application for public information that is the
subject of the request until the determination of the
administrative law judge is made.
Sec. 552.404. HEARING LOCATION. A hearing under this
subchapter shall be held:
(1) at a location designated by the State Office of
Administrative Hearings:
(A) in the county in which the main
administrative offices of the governmental body are located; or
(B) in Travis County; or
(2) with the consent of the person who filed the
application for public information and the public information
officer for the governmental body, by telephone conference call.
Sec. 552.405. NOTICE OF HEARING. (a) The State Office of
Administrative Hearings shall notify the person who filed the
application for public information and the officer for public
information of the time and location of the hearing.
(b) Notice may be given by telephone or other electronic
means. If notice is given by telephone or other electronic means,
written notice must also be provided.
(c) Notice by mail is considered received on the fifth day
after the date the notice is deposited with the United States Postal
Service.
Sec. 552.406. FAILURE TO APPEAR. An officer for public
information who requests a hearing and fails to appear without just
cause waives the right to a hearing.
Sec. 552.407. DETERMINATION BY ADMINISTRATIVE LAW
JUDGE. The administrative law judge shall:
(1) determine the matter presented within a reasonable
time; and
(2) notify, in writing as soon as practicable, the
person who filed the application for public information and the
officer for public information of the administrative law judge's
determination.
Sec. 552.408. EFFECT OF DETERMINATION. (a) If the
determination of the administrative law judge is that the
application for public information is not frivolous or not filed
for the purpose of harassment, the officer for public information
shall promptly comply with the applicable provisions of this
chapter, including Subchapter E.
(b) If the determination of the administrative law judge is
that the application for public information is frivolous or filed
for the purpose of harassment, the officer for public information:
(1) is relieved of further compliance with this
chapter; and
(2) is not required to accept or comply with other
applications for public information filed by the person for a
reasonable period, as determined by the administrative law judge.
Sec. 552.409. APPEAL FROM ADMINISTRATIVE HEARING
DETERMINATION. (a) The officer for public information or the
person who filed the application for public information aggrieved
by the determination of the administrative law judge may appeal the
determination by filing a petition not later than the 30th day after
the date the administrative law judge's determination is made. The
administrative law judge's determination is immediately appealable
without the requirement of a motion for rehearing.
(b) A petition under Subsection (a) must be filed in a
county court at law in the county in which the main administrative
offices of the governmental body are located or, if there is not a
county court at law in the county, in a district court for that
county.
(c) A person who files an appeal under this section shall
send a copy of the petition by certified mail to the State Office of
Administrative Hearings at that agency's headquarters in Austin and
to the party in opposition at the administrative hearing. The copy
must be certified by the clerk of the court in which the petition is
filed.
(d) An attorney for the governmental body may represent the
officer for public information in an appeal.
Sec. 552.410. STAY OF DETERMINATION ON APPEAL. The
determination of the administrative law judge is stayed on the
filing of an appeal petition.
Sec. 552.411. REVIEW; ADDITIONAL EVIDENCE. (a) Review on
appeal is on the record certified by the State Office of
Administrative Hearings with no additional testimony.
(b) On appeal, a party may apply to the court to present
additional evidence. If the court is satisfied that the additional
evidence is material and that there were good reasons for the
failure to present it in the proceeding before the administrative
law judge, the court may order that the additional evidence be taken
before an administrative law judge on conditions determined by the
court.
(c) There is no right to a jury trial in an appeal under this
section.
(d) A remand under this section does not stay the original
determination of the administrative law judge.
Sec. 552.412. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a)
To obtain a transcript of an administrative hearing, the party who
appeals the administrative law judge's decision must apply to the
State Office of Administrative Hearings.
(b) On payment of a fee not to exceed the actual cost of
preparing the transcript, the State Office of Administrative
Hearings shall promptly furnish both parties with a transcript of
the administrative hearing.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.