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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of 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. Section 552.003(6), Government Code, is amended |
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to read as follows: |
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(6) "Requestor" means a person who: |
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(A) submits a request to a governmental body for |
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inspection or copies of public information; or |
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(B) submits a request to an organization, |
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corporation, commission, committee, institution, or agency for |
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inspection or copies of information with a written assertion that |
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the entity is a governmental body. |
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SECTION 2. Section 552.301, Government Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) An organization, corporation, commission, committee, |
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institution, or agency that asserts that it is not a governmental |
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body and that receives a written request for information from a |
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requestor under this chapter must ask for a decision from the |
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attorney general about whether the entity is a governmental body if |
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there has not been a previous determination on that question. The |
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provisions of this subchapter that govern a request for a decision |
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made under Subsection (a) apply to a request for a decision made |
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under this subsection to the extent those provisions are applicable |
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to the request made under this subsection. If the attorney general |
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determines that the entity is a governmental body, the written |
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request from the requestor is considered received by the entity for |
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purposes of this chapter on the date the decision is rendered under |
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Section 552.306. The attorney general may adopt rules necessary to |
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implement this subsection. |
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SECTION 3. Section 552.306(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Section 552.011, the attorney |
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general shall promptly render a decision requested under this |
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subchapter, consistent with the standards of due process, |
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determining whether the requested information is within one of the |
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exceptions of Subchapter C or, if applicable, whether the entity |
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requesting the decision under Section 552.301(h) is a governmental |
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body. The attorney general shall render the decision not later than |
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the 45th business day after the date the attorney general received |
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the request for a decision. If the attorney general is unable to |
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issue the decision within the 45-day period, the attorney general |
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may extend the period for issuing the decision by an additional 10 |
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business days by informing the governmental body or entity |
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described by Section 552.301(h), as applicable, and the requestor, |
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during the original 45-day period, of the reason for the delay. |
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SECTION 4. Section 552.324, Government Code, is amended to |
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read as follows: |
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Sec. 552.324. SUIT BY GOVERNMENTAL BODY OR CERTAIN OTHER |
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ENTITIES. (a) The only suit a governmental body may file seeking |
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to withhold information from a requestor or that an entity |
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described by Section 552.301(h) may file regarding a request |
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received from a requestor is a suit that: |
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(1) is filed in a Travis County district court against |
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the attorney general in accordance with Section 552.325; and |
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(2) seeks declaratory relief from compliance with a |
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decision by the attorney general issued under Subchapter G. |
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(b) The governmental body or entity described by Section |
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552.301(h) must bring the suit not later than the 30th calendar day |
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after the date the governmental body or entity receives the |
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decision of the attorney general under Section 552.306 [determining
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that the requested information must be disclosed to the requestor]. |
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If the governmental body or entity does not bring suit within that |
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period, the governmental body or entity shall comply with the |
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decision of the attorney general. If a governmental body wishes to |
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preserve an affirmative defense for its officer for public |
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information as provided in Section 552.353(b)(3), suit must be |
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filed within the deadline provided in Section 552.353(b)(3). |
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SECTION 5. Section 552.325(a), Government Code, is amended |
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to read as follows: |
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(a) A governmental body, officer for public information, or |
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other person or entity that files a suit seeking to withhold |
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information from a requestor may not file suit against the person |
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requesting the information. An entity described by Section |
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552.301(h) that files a suit seeking to withhold information on the |
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basis that it is not a governmental body or seeking to establish |
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that it is not a governmental body may not file suit against the |
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person requesting the information. The requestor is entitled to |
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intervene in the suit. |
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SECTION 6. 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 7. This Act takes effect September 1, 2017. |