BILL ANALYSIS
Senate Research Center S.B. 623
By: Hinojosa
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Current Texas law does not require a person requesting open records information to pay the required fee before the request is processed. A governmental entity is required to obtain an open records decision from the attorney general in order to protect confidential information, once the information has been requested, regardless of whether it has been paid. The time and resources used in the preparation of a brief to the attorney general are not reimbursed to the governmental entity, which creates a problem when a requestor is authorized to force a governmental entity to prepare briefs for the attorney general, before payments have been made.
S.B. 623 requires the deposit or bond to be paid before the request is processed.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 552.263, Government Code, by amending Subsection (e) and adding Subsection (f), as follows:
(e) Provides that Subchapters F and G, are included for the purpose of requesting a copy of public information and considered having been received after payment, and removes Subchapter E.
(f) Provides that a requestor who fails to make a deposit or post a bond required under Subsection (a) before the 10th day after the date the deposit or bond is required is considered to have withdrawn the request for the copy of the public information.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2005.