79R11627 JRD-F


By:  McCall                                                       H.B. No. 1607

Substitute the following for H.B. No. 1607:                                   

By:  Miller                                                   C.S.H.B. No. 1607



A BILL TO BE ENTITLED

AN ACT

relating to a request for public information that is sent to a 
governmental body by electronic mail.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.301(c), Government Code, is amended 
to read as follows:
	(c)(1)  For purposes of this subchapter, a written request 
includes a request made in writing that is sent to the officer for 
public information, or the person designated by that officer, by 
electronic mail or facsimile transmission.
		(2)  A request that is sent to the officer for public 
information, or the person designated by that officer, by 
electronic mail is considered to have been received by the 
governmental body on the first business day after the date that the 
electronic mail was received by the officer or the officer's 
designee as shown by an Internet protocol confirmation.  For 
purposes of this subdivision, a business day does not include a day 
on which a governmental body is not able to access its computer 
because of an external event beyond the control of the governmental 
body.
	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, 2005.