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