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AN ACT
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relating to the consequences of the failure by a person requesting |
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information under the public information law to timely respond to |
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certain written communications from a governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.222, Government Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) If by the 61st day after the date a governmental body |
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sends a written request for clarification or discussion under |
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Subsection (b) or an officer for public information or agent sends a |
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written request for additional information under Subsection (c) the |
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governmental body, officer for public information, or agent, as |
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applicable, does not receive a written response from the requestor, |
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the underlying request for public information is considered to have |
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been withdrawn by the requestor. |
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(e) A written request for clarification or discussion under |
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Subsection (b) or a written request for additional information |
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under Subsection (c) must include a statement as to the |
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consequences of the failure by the requestor to timely respond to |
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the request for clarification, discussion, or additional |
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information. |
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(f) If the requestor's request for public information |
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included the requestor's physical or mailing address, the request |
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may not be considered to have been withdrawn under Subsection (d) |
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unless the governmental body, officer for public information, or |
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agent, as applicable, sends the request for clarification or |
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discussion under Subsection (b) or the written request for |
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additional information under Subsection (c) to that address by |
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certified mail. |
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SECTION 2. Sections 552.222(d), (e), and (f), Government |
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Code, as added by this Act, apply only to a request for information |
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that is received by a governmental body or an officer for public |
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information on or after the effective date of this Act. A request |
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for information that was received before the effective date of this |
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Act is governed by the law in effect on the date the request was |
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received, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1497 was passed by the House on March |
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22, 2007, by the following vote: Yeas 141, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1497 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |