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AN ACT
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relating to the ability of a governmental body under the public |
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information law to request a redetermination from the attorney |
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general on dismissal of litigation relating to the same issue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.301, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A governmental body may ask for another decision from |
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the attorney general concerning the precise information that was at |
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issue in a prior decision made by the attorney general under this |
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subchapter if: |
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(1) a suit challenging the prior decision was timely |
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filed against the attorney general in accordance with this chapter |
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concerning the precise information at issue; |
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(2) the attorney general determines that the requestor |
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has voluntarily withdrawn the request for the information in |
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writing or has abandoned the request; and |
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(3) the parties agree to dismiss the lawsuit. |
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SECTION 2. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.327 to read as follows: |
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Sec. 552.327. DISMISSAL OF SUIT DUE TO REQUESTOR'S |
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WITHDRAWAL OR ABANDONMENT OF REQUEST. A court may dismiss a suit |
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challenging a decision of the attorney general brought in |
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accordance with this chapter if: |
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(1) all parties to the suit agree to the dismissal; and |
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(2) the attorney general determines and represents to |
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the court that the requestor has voluntarily withdrawn the request |
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for information in writing or has abandoned the request. |
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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. 2248 was passed by the House on May 7, |
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2007, by the following vote: Yeas 138, Nays 4, 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. 2248 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 30, 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 |