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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of violations of the open meetings law and |
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the open records law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 551, Government Code, is |
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amended by adding Section 551.147 to read as follows: |
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Sec. 551.147. PROSECUTION OF OPEN MEETING ACT VIOLATION. |
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An offense under this subchapter may be prosecuted by either the |
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attorney general or by the district or county attorney for the |
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county in which a governmental body other than a state agency is |
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located. The attorney general may prosecute an offense under this |
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subchapter only if the district or county attorney declines to |
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prosecute. |
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SECTION 2. Sections 552.3215(e), (f), and (g), Government |
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Code, are amended to read as follows: |
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(e) A complainant may file a complaint alleging a violation |
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of this chapter. The complaint must be filed with either the |
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attorney general or the district or county attorney of the county in |
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which the governmental body is located unless the governmental body |
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is the district or county attorney. If the governmental body |
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extends into more than one county, the complaint must be filed with |
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the attorney general or the district or county attorney of the |
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county in which the administrative offices of the governmental body |
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are located. If the governmental body is a state agency, the |
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complaint may be filed with the attorney general or the Travis |
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County district attorney. If the governmental body is the district |
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or county attorney, the complaint must be filed with the attorney |
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general. To be valid, a complaint must: |
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(1) be in writing and signed by the complainant; |
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(2) state the name of the governmental body that |
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allegedly committed the violation, as accurately as can be done by |
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the complainant; |
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(3) state the time and place of the alleged commission |
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of the violation, as definitely as can be done by the complainant; |
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and |
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(4) in general terms, describe the violation. |
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(f) The attorney general or the [A] district or county |
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attorney with whom the complaint is filed shall indicate on the face |
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of the written complaint the date the complaint is filed. |
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(g) Before the 31st day after the date a complaint is filed |
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under Subsection (e), the attorney general or the district or |
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county attorney shall: |
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(1) determine whether: |
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(A) the violation alleged in the complaint was |
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committed; and |
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(B) an action will be brought against the |
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governmental body under this section; and |
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(2) notify the complainant in writing of those |
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determinations. |
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SECTION 3. Subchapter I, Chapter 552, Government Code, is |
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amended by adding Section 552.354 to read as follows: |
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Sec. 552.354. PROSECUTION OF PUBLIC INFORMATION ACT |
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VIOLATIONS. An offense under this subchapter may be prosecuted by |
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either the attorney general or by the district or county attorney |
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for the county in which a governmental body other than a state |
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agency is located. The attorney general may prosecute an offense |
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under this subchapter only if the district or county attorney |
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declines to prosecute. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |