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By: Gallegos |
S.B. No. 677 |
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(In the Senate - Filed February 14, 2011; February 23, 2011, |
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read first time and referred to Select Committee on Open |
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Government; May 13, 2011, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 3, Nays 2; |
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May 13, 2011, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 677 |
By: Eltife |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of the public information law; |
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providing for the imposition of a civil penalty. |
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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 552.3215, Government |
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Code, is amended to read as follows: |
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Sec. 552.3215. DECLARATORY JUDGMENT, [OR] INJUNCTIVE |
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RELIEF, OR CIVIL PENALTY. |
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SECTION 2. Section 552.3215, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1), (b-2), and |
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(l) to read as follows: |
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(b) An action for a declaratory judgment, [or] injunctive |
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relief, or a civil penalty may be brought in accordance with this |
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section against a governmental body that violates this chapter. |
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(b-1) A governmental body that violates this chapter is |
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subject to a civil penalty not to exceed $500 for each written |
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request for public information to which the governmental body's |
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violation applies. An action for a civil penalty in connection with |
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a particular written request for public information may be brought |
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only if: |
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(1) the requestor notifies the governmental body in |
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writing that the requestor considers the governmental body to be in |
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violation of a specific provision of this chapter; and |
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(2) the governmental body has not remedied the |
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violation or taken reasonable steps to remedy the violation before |
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the 10th day after the date on which the governmental body receives |
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the notification under Subdivision (1). |
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(b-2) A governmental body is subject to an additional civil |
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penalty not to exceed $100 for each day the violation continues |
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after the last day under Subsection (b-1)(2) on which the |
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governmental body may avoid a civil penalty by remedying or taking |
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reasonable steps to remedy the violation. |
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(l) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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SECTION 3. This Act takes effect September 1, 2011. |
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* * * * * |