| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to allowing a governmental body to redact certain personal |
|
|
information under the public information law without the necessity |
|
|
of requesting a decision from the attorney general and the |
|
|
calculation of certain deadlines under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.024(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) If the employee or official or former employee or |
|
|
official chooses not to allow public access to the information or if |
|
|
the information is excepted under Section 552.117 without regard to |
|
|
whether the person complies with this section: |
|
|
(1) [,] the information is protected under Subchapter |
|
|
C; and |
|
|
(2) the governmental body may redact the information |
|
|
from any information the governmental body discloses under Section |
|
|
552.021 without the necessity of requesting a decision from the |
|
|
attorney general under Subchapter G. |
|
|
SECTION 2. Section 552.1175, Government Code, is amended by |
|
|
adding Subsection (f) to read as follows: |
|
|
(f) A governmental body may redact information that must be |
|
|
withheld under Subsection (b) from any information the governmental |
|
|
body discloses under Section 552.021 without the necessity of |
|
|
requesting a decision from the attorney general under Subchapter G. |
|
|
SECTION 3. Section 552.130, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) Subject to Chapter 730, Transportation Code, a |
|
|
governmental body may redact information described by Subsection |
|
|
(a) from any information the governmental body discloses under |
|
|
Section 552.021 without the necessity of requesting a decision from |
|
|
the attorney general under Subchapter G. |
|
|
SECTION 4. Section 552.136, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A governmental body may redact information that must be |
|
|
withheld under Subsection (b) from any information the governmental |
|
|
body discloses under Section 552.021 without the necessity of |
|
|
requesting a decision from the attorney general under Subchapter G. |
|
|
SECTION 5. Section 552.137, Government Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) A governmental body may redact information that may be |
|
|
withheld under this section from any information the governmental |
|
|
body discloses under Section 552.021 without the necessity of |
|
|
requesting a decision from the attorney general under Subchapter G. |
|
|
SECTION 6. Section 552.138, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A governmental body may redact information maintained |
|
|
by a family violence shelter center or sexual assault program that |
|
|
may be withheld under Subsection (b)(1) or (6) from any information |
|
|
the governmental body discloses under Section 552.021 without the |
|
|
necessity of requesting a decision from the attorney general under |
|
|
Subchapter G. |
|
|
SECTION 7. Section 552.263, Government Code, is amended by |
|
|
adding Subsection (e-1) to read as follows: |
|
|
(e-1) If a requestor modifies the request in response to the |
|
|
requirement of a deposit or bond authorized by this section, the |
|
|
modified request is considered a separate request for the purposes |
|
|
of this chapter and is considered received on the date the |
|
|
governmental body receives the written modified request. |
|
|
SECTION 8. Section 552.301, Government Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) For the purposes of this subchapter, if a governmental |
|
|
body receives a written request by the United States mail and cannot |
|
|
adequately establish the actual date on which the governmental body |
|
|
received the request, the written request is considered to have |
|
|
been received by the governmental body on the third business day |
|
|
after the date of the postmark on a properly addressed request. |
|
|
SECTION 9. The changes in law made by this Act to Sections |
|
|
552.263 and 552.301, Government Code, 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 10. This Act takes effect September 1, 2009. |