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A BILL TO BE ENTITLED
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AN ACT
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relating to the public information law; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.003, Government Code, is amended by |
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adding Subdivision (7) to read as follows: |
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(7) "Temporary custodian" means an officer or employee |
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of a governmental body who, in the transaction of official |
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business, creates or receives public information that the officer |
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or employee has not provided to the officer for public information |
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of the governmental body or the officer's agent. The term includes |
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a former officer or employee of a governmental body who created or |
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received public information in the officer's or employee's official |
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capacity that has not been provided to the officer for public |
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information of the governmental body or the officer's agent. |
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SECTION 2. Section 552.004, Government Code, is amended to |
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read as follows: |
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Sec. 552.004. PRESERVATION OF INFORMATION. (a) A |
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governmental body or, for information of an elective county office, |
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the elected county officer, may determine a time for which |
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information that is not currently in use will be preserved, subject |
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to Subsection (b) and to any applicable rule or law governing the |
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destruction and other disposition of state and local government |
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records or public information. |
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(b) A current or former officer or employee of a |
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governmental body who maintains public information on a privately |
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owned device shall: |
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(1) forward or transfer the public information to the |
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governmental body or a governmental body server to be preserved as |
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provided by Subsection (a); or |
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(2) preserve the public information in its original |
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form on the privately owned device for the time required under |
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Subsection (a). |
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SECTION 3. Subchapter B, Chapter 552, Government Code, is |
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amended by adding Section 552.0222 to read as follows: |
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Sec. 552.0222. DATES OF BIRTH. This chapter does not |
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authorize a governmental body to withhold a date of birth except as: |
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(1) permitted by Section 552.108; or |
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(2) otherwise provided by constitutional or statutory |
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law. |
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SECTION 4. Section 552.101, Government Code, is amended to |
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read as follows: |
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Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a) |
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Except as provided by Subsection (b), information [Information] is |
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excepted from the requirements of Section 552.021 if it is |
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information considered to be confidential by law, either |
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constitutional, statutory, or by judicial decision. |
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(b) The exception to disclosure provided by Subsection (a) |
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does not apply to a date of birth considered to be confidential by |
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judicial decision. |
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SECTION 5. Section 552.102, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The exceptions to disclosure provided by Subsections |
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(a) and (b) do not apply to a date of birth. |
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SECTION 6. Section 552.203, Government Code, is amended to |
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read as follows: |
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Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC |
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INFORMATION. Each officer for public information, subject to |
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penalties provided in this chapter, shall: |
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(1) make public information available for public |
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inspection and copying; |
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(2) carefully protect public information from |
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deterioration, alteration, mutilation, loss, or unlawful removal; |
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[and] |
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(3) repair, renovate, or rebind public information as |
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necessary to maintain it properly; and |
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(4) make reasonable efforts to obtain public |
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information from a temporary custodian if: |
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(A) the information has been requested from the |
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governmental body; |
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(B) the officer for public information is aware |
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of facts sufficient to warrant a reasonable belief that the |
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temporary custodian has possession, custody, or control of the |
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information; |
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(C) the officer for public information is unable |
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to comply with the duties imposed by this chapter without obtaining |
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the information from the temporary custodian; and |
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(D) the temporary custodian has not provided the |
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information to the officer for public information of the |
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governmental body or the officer's agent. |
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SECTION 7. Section 552.221, Government Code, is amended by |
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amending Subsections (b-1) and (b-2) and adding Subsections (e) and |
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(f) to read as follows: |
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(b-1) In addition to the methods of production described by |
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Subsection (b), an officer for public information for a |
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governmental body [political subdivision of this state] complies |
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with Subsection (a) by referring a requestor to an exact Internet |
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location or uniform resource locator (URL) address on a website |
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maintained by the governmental body [political subdivision] and |
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accessible to the public if the requested information is |
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identifiable and readily available on that website. If the person |
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requesting the information prefers a manner other than access |
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through the URL, the governmental body [political subdivision] must |
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supply the information in the manner required by Subsection (b). |
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(b-2) If an officer for public information for a |
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governmental body [political subdivision] provides by e-mail an |
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Internet location or uniform resource locator (URL) address as |
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permitted by Subsection (b-1), the e-mail must contain a statement |
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in a conspicuous font clearly indicating that the requestor may |
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nonetheless access the requested information by inspection or |
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duplication or by receipt through United States mail, as provided |
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by Subsection (b). |
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(e) If the governmental body determines it has no |
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information responsive to a request for information, the officer |
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for public information shall notify the requestor in writing not |
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later than the 10th business day after the date the request is |
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received. |
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(f) If a governmental body determines the requested |
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information is subject to a previous determination that permits or |
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requires the governmental body to withhold the requested |
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information, the officer for public information shall, not later |
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than the 10th business day after the date the request is received: |
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(1) notify the requestor in writing that the |
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information is being withheld; and |
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(2) identify in the notice the specific previous |
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determination the governmental body is relying on to withhold the |
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requested information. |
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SECTION 8. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Section 552.234 to read as follows: |
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Sec. 552.234. OWNERSHIP OF PUBLIC INFORMATION. (a) A |
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current or former officer or employee of a governmental body does |
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not have, by virtue of the officer's or employee's position or |
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former position, a personal or property right to public information |
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the officer or employee created or received while acting in an |
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official capacity. |
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(b) A temporary custodian with possession, custody, or |
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control of public information shall surrender or return the |
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information to the governmental body not later than the 10th day |
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after the date the officer for public information of the |
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governmental body or the officer's agent requests the temporary |
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custodian to surrender or return the information. |
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(c) If a temporary custodian fails to surrender or return |
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public information to a governmental body as required by Subsection |
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(b), the officer for public information of the governmental body |
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shall, not later than the 10th business day after the deadline to |
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surrender or return information under Subsection (b), notify the |
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attorney general in writing of the facts related to the failure and |
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send a copy of the written notice to the requestor. On receipt of |
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written notice from an officer for public information as provided |
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by this subsection, the attorney general may sue for an injunction |
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or writ of mandamus to compel a temporary custodian with |
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possession, custody, or control of public information to surrender |
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or return the information as required by Subsection (b). A suit |
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filed under this subsection: |
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(1) must be filed in a district court for the county in |
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which the main offices of the governmental body are located; |
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(2) may not proceed, and process may not be issued, |
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until the court enters a written finding that the petition sets |
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forth facts sufficient to warrant probable cause that the current |
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or former officer or employee against whom the action is filed is in |
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possession, custody, or control of public information that has not |
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been made available to the governmental body that owns the |
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information; and |
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(3) shall be dismissed, with prejudice except as |
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provided by Subsection (e), if the current or former officer or |
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employee files an answer containing a general denial supported by a |
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sworn affidavit stating the current or former officer or employee |
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is not in possession, custody, or control of public information |
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responsive to the request at issue. |
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(d) The attorney general shall send a copy of a petition |
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filed under Subsection (c) to the requestor. |
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(e) A suit dismissed under Subsection (c)(3) is dismissed |
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without prejudice and may be refiled by the attorney general if the |
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current or former officer or employee, in providing the affidavit |
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authorized under Subsection (c)(3), engaged in conduct that is an |
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offense under Section 37.02 or 37.03, Penal Code, and is arrested, |
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charged, or indicted for that offense. Subsection (c)(3) does not |
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apply to a suit refiled under this subsection. |
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(f) For purposes of the application of Subchapter G to |
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information surrendered or returned to a governmental body by a |
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temporary custodian under Subsection (b) or as a result of a suit |
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under Subsection (c), the governmental body is considered to |
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receive the request for that information on the date the |
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information is surrendered or returned to the governmental body. |
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SECTION 9. Section 552.301(b), Government Code, is amended |
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to read as follows: |
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(b) The governmental body must ask for the attorney |
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general's decision and state the specific exceptions that apply |
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within a reasonable time but not later than the 10th business day |
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after the date of receiving the written request. |
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SECTION 10. The heading to Subchapter H, Chapter 552, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT |
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SECTION 11. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.328 to read as follows: |
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Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a |
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governmental body fails to respond to a requestor as required by |
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Section 552.221, the requestor may send a written complaint to the |
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attorney general. |
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(b) The complaint must include: |
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(1) the original request for information; and |
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(2) any correspondence received from the governmental |
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body in response to the request. |
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(c) If the attorney general determines the governmental |
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body improperly failed to comply with Section 552.221 in connection |
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with a request for which a complaint is made under this section: |
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(1) the attorney general shall notify the governmental |
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body in writing and require the governmental body to complete open |
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records training not later than six months after receiving the |
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notification; |
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(2) the governmental body may not assess costs to the |
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requestor for producing information in response to the request; and |
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(3) if the governmental body seeks to withhold |
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information in response to the request, the governmental body must: |
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(A) request an attorney general decision under |
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Section 552.301 not later than the fifth business day after the date |
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the governmental body receives the notification under Subdivision |
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(1); and |
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(B) release the requested information unless |
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there is a compelling reason to withhold the information. |
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SECTION 12. The heading to Section 552.353, Government |
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Code, is amended to read as follows: |
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Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC |
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INFORMATION OR TEMPORARY CUSTODIAN TO PROVIDE ACCESS TO OR COPYING |
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OF PUBLIC INFORMATION. |
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SECTION 13. Section 552.353, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A temporary custodian who has possession, custody, or |
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control of public information responsive to a request commits an |
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offense if, with criminal negligence, the temporary custodian fails |
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to surrender or return the information to the governmental body on |
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request of the officer for public information or the officer's |
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agent, as required by Section 552.234(b). |
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SECTION 14. The change in law made by this Act applies only |
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to a request for public information received on or after the |
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effective date of this Act. A request for public information |
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received before the effective date of this Act is governed by the |
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law in effect when the request was received, and the former law is |
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continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2017. |