79R7193 JRD-F

By:  McCall                                                       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 presumed to have been received by the 
governmental body on the earlier of the date that the officer for 
public information or the person designated by that officer opened 
the electronic mail or the third day after the date that the 
electronic mail was sent. A governmental body may establish that an 
external event beyond the control of the governmental body caused 
an additional delay in its receipt of a request sent by electronic 
mail, and the attorney general may on the request of the 
governmental body extend the deadlines under Subsections (b), (d), 
and (e) accordingly.
	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.