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A BILL TO BE ENTITLED
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AN ACT
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relating to in camera review and filing of the information at issue |
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in a suit 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. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.3221 to read as follows: |
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Sec. 552.3221. IN CAMERA INSPECTION OF INFORMATION. |
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(a) In any suit filed under this chapter, the information at issue |
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may be filed with the court for in camera inspection as is necessary |
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for the adjudication of the case. |
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(b) Upon receipt of the information at issue for in camera |
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inspection, the court shall enter an order that prevents release to |
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or access by any person other than the court, a reviewing court of |
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appeals, or parties permitted to inspect the information pursuant |
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to a protective order. The order shall further note the filing date |
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and time. |
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(c) The information at issue filed with the court for in |
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camera inspection shall be: |
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(1) appended to the order and transmitted by the court |
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to the clerk for filing as "information at issue"; |
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(2) maintained in a sealed envelope or in a manner that |
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precludes disclosure of the information; and |
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(3) transmitted by the clerk to any court of appeal as |
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part of the clerk's record. |
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(d) Information filed with the court under this section does |
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not constitute "court records" within the meaning of Rule 76a, |
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Texas Rules of Civil Procedure, and shall not be made available by |
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the clerk or any custodian of record for public inspection. |
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(e) For purposes of this section, "information at issue" is |
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defined as information held by a governmental body that forms the |
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basis of a suit under this chapter. |
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SECTION 2. This Act takes effect September 1, 2013. |