81R1151 YDB-D
 
  By: Zerwas H.B. No. 495
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the distribution of state agency publications and
  reports to members of the legislature, the governor, and other
  state officials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 2052,
  Government Code, is amended to read as follows:
  SUBCHAPTER A. REPORTS FOR LEGISLATURE, [OR] GOVERNOR, OR
  OTHER STATE OFFICIALS
         SECTION 2.  The heading to Section 2052.002, Government
  Code, is amended to read as follows:
         Sec. 2052.002.  DISTRIBUTION OF PUBLICATIONS TO
  LEGISLATORS, GOVERNOR, OR STATE OFFICIALS.
         SECTION 3.  Sections 2052.002(a), (b), (c), and (e),
  Government Code, are amended to read as follows:
         (a)  To avoid waste in the duplication and distribution of
  state agency publications, a state agency that issues a publication
  relating to the work of the agency and distributes the publication
  to members of the legislature, the governor, or other state
  officials shall send to each member, the governor, and each
  official, as appropriate, before distributing the publication a
  written notice to determine whether the member, governor, or
  official wants to receive the publication.
         (b)  The state agency shall include with the notice:
               (1)  the name of the publication;
               (2)  a brief written summary of the publication;
               (3)  the distribution date of the publication;
               (4)  the manner in which the publication may be
  obtained electronically; and
               (5)  the manner in which a printed copy of the
  publication may be requested.
         (c)  A member, the governor, or a state official who elects
  to receive a printed copy of the publication shall notify the state
  agency.
         (e)  In this section, "state agency" means:
               (1)  a department, commission, board, office, or other
  agency that is in the executive or legislative branch of state
  government and that was created by the constitution or a statute of
  this state;
               (2)  a university system or institution of higher
  education as defined by Section 61.003, Education Code; or
               (3)  the supreme court, the court of criminal appeals,
  a court of appeals, or the Texas Judicial Council.
         SECTION 4.  The heading to Section 2052.0021, Government
  Code, is amended to read as follows:
         Sec. 2052.0021.  DISTRIBUTION OF REPORTS TO LEGISLATORS,
  GOVERNOR, OR STATE OFFICIALS.
         SECTION 5.  Sections 2052.0021(b), (c), (d), and (e),
  Government Code, are amended to read as follows:
         (b)  Notwithstanding other law, a state agency report
  required by law may be made available to members of the legislature,
  the governor, or state officials only in accordance with this
  section.
         (c)  A state agency shall make each report required by law
  available to members of the legislature, the governor, or other
  state officials, as appropriate.  The report must be in an
  electronic format determined by the Texas Legislative Council. The
  agency on request shall promptly send a suitable printed copy of the
  report to a member, the governor, or a state official [of the
  legislature at the request of the member].
         (d)  At the time a report required by law is ready for
  distribution outside the state agency, the agency shall send
  written notice that the report is available to each member of the
  legislature, the governor, and each state official required by law
  to receive the report [that the report is available]. The agency
  shall send the notice by mail or, if it is acceptable to the member,
  governor, or official, electronically. The notice must briefly
  describe the subject matter of the report and state:
               (1)  the manner in which the member, governor, or
  official may obtain the report electronically; and
               (2)  that the agency on request will send a printed copy
  of the report to the member, governor, or official [at the request
  of the member].
         (e)  This section does not affect the duty of a state agency
  to directly send a printed copy of a report to an officer or
  committee of the legislature, the governor, or a state official if
  other law specifically requires that a printed copy of the report be
  sent to the [that] officer, [or] committee, governor, or state
  official, and the agency is not required to comply with this section
  before sending the report to the [that] officer, [or] committee,
  governor, or state official.
         SECTION 6.  Section 2052.002(d), Government Code, is
  repealed.
         SECTION 7.  The change in law made by this Act applies only
  to a report or publication distributed by a state agency on or after
  the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2009.