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A BILL TO BE ENTITLED
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AN ACT
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relating to a suit for a writ of mandamus compelling a governmental |
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body to make information available for public inspection under the |
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public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.321, Government Code, is amended by |
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adding Subsections (c), (d), (e), and (f) to read as follows: |
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(c) A requestor may file suit for a writ of mandamus under |
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this section only if: |
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(1) the time period for the governmental body to |
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request a decision from the attorney general under Subchapter G has |
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elapsed and the governmental body has not requested a decision in |
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that time period; or |
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(2) the governmental body has timely requested a |
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decision from the attorney general under Subchapter G and: |
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(A) the attorney general has issued a decision |
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that information to which the decision applies is public |
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information that is not excepted from disclosure under Subchapter |
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C; or |
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(B) the time period for the attorney general to |
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issue a decision under Subchapter G has elapsed. |
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(d) A suit for a writ of mandamus filed under Subsection (c) |
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must allege that the applicable time period described by Subsection |
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(c) has elapsed. |
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(e) A governmental body may file a motion to dismiss a suit |
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for a writ of mandamus compelling the governmental body to make |
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information available for public inspection that does not comply |
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with the requirements of Subsection (c). |
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(f) The court shall dismiss a suit for a writ of mandamus |
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compelling a governmental body to make information available for |
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public inspection that does not comply with the requirements of |
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Subsection (c). If the court dismisses the suit under this |
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subsection, the court may award the governmental body court costs |
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and reasonable attorney's fees. |
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SECTION 2. Section 552.321, Government Code, as amended by |
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this Act, applies to a suit for a writ of mandamus compelling a |
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governmental body to make information available for public |
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inspection that is filed on or after September 1, 2013. A suit for a |
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writ of mandamus compelling a governmental body to make information |
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available for public inspection that is filed before that date is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2013, |