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A BILL TO BE ENTITLED
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AN ACT
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relating to the open records steering committee, reports by the |
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attorney general on costs of copies, and certain deadlines, costs, |
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and suits filed under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 552.009, Government Code, |
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is amended to read as follows: |
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Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO |
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ATTORNEY GENERAL [COMMISSION]; ELECTRONIC AVAILABILITY OF PUBLIC |
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INFORMATION. |
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SECTION 2. Section 552.263(a), Government Code, is amended |
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to read as follows: |
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(a) An officer for public information or the officer's agent |
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may require a deposit or bond for payment of anticipated costs for |
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the preparation of a copy of public information if: |
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(1) the officer for public information or the |
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officer's agent has provided the requestor with the [required] |
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written itemized statement required under Section 552.2615 |
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detailing the estimated charge for providing the copy; and |
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(2) [if] the charge for providing the copy of the |
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public information specifically requested by the requestor is |
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estimated by the governmental body to exceed: |
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(A) [(1)] $100, if the governmental body has more |
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than 15 full-time employees; or |
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(B) [(2)] $50, if the governmental body has fewer |
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than 16 full-time employees. |
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SECTION 3. Section 552.274(a), Government Code, as amended |
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by Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted to read as |
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follows: |
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(a) The attorney general shall: |
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(1) biennially update a report prepared by the |
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attorney general about the charges made by state agencies for |
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providing copies of public information; and |
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(2) provide a copy of the updated report on the |
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attorney general's open records page on the Internet not later than |
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March 1 of each even-numbered year. |
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SECTION 4. Section 552.301(e-1), Government Code, is |
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amended to read as follows: |
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(e-1) A governmental body that submits written comments to |
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the attorney general under Subsection (e)(1)(A) shall send a copy |
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of those comments to the person who requested the information from |
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the governmental body not later than the 15th business day after the |
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date of receiving the written request. If the written comments |
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disclose or contain the substance of the information requested, the |
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copy of the comments provided to the person must be a redacted copy. |
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SECTION 5. Section 552.323(b), Government Code, is amended |
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to read as follows: |
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(b) In an action brought under Section 552.324 |
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[552.353(b)(3)], the court may assess costs of litigation and |
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reasonable attorney's fees incurred by a plaintiff or defendant who |
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substantially prevails. In exercising its discretion under this |
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subsection, the court shall consider whether the conduct of [the
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officer for public information of] the governmental body had a |
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reasonable basis in law and whether the litigation was brought in |
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good faith. |
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SECTION 6. Section 552.324, Government Code, is amended to |
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read as follows: |
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Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only |
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suit a governmental body [or officer for public information] may |
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file seeking to withhold information from a requestor is a suit |
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that: |
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(1) is filed in a Travis County district court against |
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the attorney general in accordance with Section [Sections] 552.325; |
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[and 552.353] and |
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(2) seeks declaratory relief from compliance with |
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[that challenges] a decision by the attorney general issued under |
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Subchapter G. |
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(b) The governmental body must bring the suit not later than |
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the 30th calendar day after the date the governmental body receives |
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the decision of the attorney general determining that the requested |
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information must be disclosed to the requestor [being challenged]. |
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If the governmental body does not bring suit within that period, the |
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governmental body shall comply with the decision of the attorney |
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general. If a governmental body wishes to preserve an affirmative |
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defense for its officer for public information as provided in |
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Section 552.353(b)(3), suit must be filed within the deadline |
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provided in Section 552.353(b)(3) [This subsection does not affect
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the earlier deadline for purposes of Section 552.353(b)(3) for a
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suit brought by an officer for public information]. |
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SECTION 7. Section 552.325(b), Government Code, is amended |
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to read as follows: |
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(b) The governmental body, officer for public information, |
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or other person or entity that files the suit shall demonstrate to |
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the court that the governmental body, officer for public |
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information, or other person or entity made a timely good faith |
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effort to inform the requestor, by certified mail or by another |
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written method of notice that requires the return of a receipt, of: |
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(1) the existence of the suit, including the subject |
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matter and cause number of the suit and the court in which the suit |
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is filed; |
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(2) the requestor's right to intervene in the suit or |
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to choose to not participate in the suit; |
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(3) the fact that the suit is against the attorney |
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general in Travis County district court; and |
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(4) the address and phone number of the office of the |
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attorney general. |
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SECTION 8. Sections 552.353(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) It is an affirmative defense to prosecution under |
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Subsection (a) that the officer for public information reasonably |
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believed that public access to the requested information was not |
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required and that [the officer]: |
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(1) the officer acted in reasonable reliance on a |
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court order or a written interpretation of this chapter contained |
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in an opinion of a court of record or of the attorney general issued |
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under Subchapter G; |
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(2) the officer requested a decision from the attorney |
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general in accordance with Subchapter G, and the decision is |
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pending; or |
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(3) not later than the 10th calendar day after the date |
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of receipt of a decision by the attorney general that the |
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information is public, the governmental body for whom the defendant |
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is the officer for public information filed a petition for a |
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declaratory judgment[, a writ of mandamus, or both,] against the |
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attorney general in a Travis County district court seeking relief |
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from compliance with the decision of the attorney general, as |
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provided by Section 552.324, and the cause [a petition] is pending. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) that the officer for public information or another |
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[a] person or entity has, not later than the 10th calendar day after |
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the date of receipt by a governmental body of a decision by the |
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attorney general that the information is public, filed a cause of |
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action seeking relief from compliance with the decision of the |
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attorney general, as provided by Section 552.325, and the cause is |
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pending. |
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SECTION 9. This Act takes effect September 1, 2009. |