By: Van Arsdale H.B. No. 1497
 
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of the failure by a person requesting
information under the public information law to timely respond to
certain written communications from a governmental body.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 552.222, Government Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
       (d)  If by the 61st day after the date a governmental body
sends a written request for clarification or discussion under
Subsection (b) or an officer for public information or agent sends a
written request for additional information under Subsection (c) the
governmental body, officer for public information, or agent, as
applicable, does not receive a written response from the requestor,
the underlying request for public information is considered to have
been withdrawn by the requestor.
       (e)  A written request for clarification or discussion under
Subsection (b) or a written request for additional information
under Subsection (c) must include a statement as to the
consequences of the failure by the requestor to timely respond to
the request for clarification, discussion, or additional
information.
       (f)  If the requestor's request for public information
included the requestor's physical or mailing address, the request
may not be considered to have been withdrawn under Subsection (d)
unless the governmental body, officer for public information, or
agent, as applicable, sends the request for clarification or
discussion under Subsection (b) or the written request for
additional information under Subsection (c) to that address by
certified mail.
       SECTION 2.  Sections 552.222(d), (e), and (f), Government
Code, as added by this Act, apply only to a request for information
that is received by a governmental body or an officer for public
information on or after the effective date of this Act. A request
for information that was received before the effective date of this
Act is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that
purpose.
       SECTION 3.  This Act takes effect September 1, 2007.