| TO: | Honorable Burt R. Solomons, Chair, House Committee on State Affairs |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1182 by Wentworth (Relating to the open records steering committee, reports by the attorney general on costs of copies, and certain deadlines, costs, and suits filed under the public information law.), As Engrossed |
The bill would amend the Government Code to make amendments to the Public Information Act (PIA).
Currently, a governmental body that requests an open records decision from the Office of the Attorney General (OAG) under section 552.301(a) must submit written arguments to the OAG concerning the applicability of exceptions in the PIA within 15 business days of receiving the request for information. The bill would require the governmental body to also provide a copy of those written arguments to the requestor within 15 business days.
The bill also would clarify that the only suit a governmental body may file when trying to withhold information under the PIA is a suit against the OAG that seeks declaratory relief (rather than a mandamus action) from compliance with an open records decision of the OAG. Additionally, a governmental body wishing to preserve affirmative defenses for its public information officer found in section 552.353(b)(3) must file suit within the deadlines provided by that section.
Sections 5, 6, 7, and 8 of the bill would clarify certain sections of the PIA relating to litigation between the OAG and governmental bodies.
The bill would take effect on September 1, 2009.
| Source Agencies: | 302 Office of the Attorney General
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| LBB Staff: | JOB, KJG, JB, DB
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