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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. |
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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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(c) The provisions of Chapter 441 of this code and Title 6, |
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Local Government Code, governing the preservation, destruction, or |
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other disposition of records or public information apply to records |
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and public information held by a temporary custodian. |
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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 552.102(a) or 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 552.203, 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 6. Section 552.221, Government Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) 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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(g) 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 7. Section 552.228(b), Government Code, is amended |
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to read as follows: |
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(b) If public information exists in an electronic or |
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magnetic medium, the requestor may request a copy in an electronic |
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medium, such as on diskette, [or] on magnetic tape, or on a portable |
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computer drive. A governmental body shall provide a copy in the |
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requested medium if: |
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(1) the governmental body has the technological |
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ability to produce a copy of the requested information in the |
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requested medium; |
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(2) the governmental body is not required to purchase |
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any software or hardware to accommodate the request; and |
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(3) provision of a copy of the information in the |
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requested medium will not violate the terms of any copyright |
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agreement between the governmental body and a third party. |
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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) A temporary custodian's failure to surrender or return |
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public information as required by Subsection (b) is grounds for |
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disciplinary action by the governmental body that employs the |
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temporary custodian or any other applicable penalties provided by |
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this chapter or other law. |
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(d) 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), the governmental body is |
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considered to receive the request for that information on the date |
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the information is surrendered or returned to the governmental |
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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. 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 and the complainant requestor in writing of the governmental |
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body's failure to comply, including the total number of previous |
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complaints made under Subsection (a) against the governmental body |
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that the attorney general within the current calendar year has |
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determined to be founded; |
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(2) the governmental body may assess costs to the |
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complainant requestor for producing information in response to the |
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request for which the complaint was made in an amount not to exceed: |
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(A) 75 percent of the amount of the allowable |
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costs otherwise authorized under this chapter for producing the |
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information, if the notice under Subdivision (1) indicates that |
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fewer than 11 complaints have been determined to be founded; or |
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(B) 50 percent of the amount of the allowable |
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costs otherwise authorized under this chapter for producing the |
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information, if the notice under Subdivision (1) indicates that 11 |
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or more complaints have been determined to be founded; and |
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(3) if the governmental body seeks to withhold |
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information in response to the request for which the complaint was |
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made, 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 notice under Subdivision (1); |
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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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(d) The attorney general shall, in response to a second |
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complaint made under Subsection (a) against a governmental body in |
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a calendar year that the attorney general determines to be founded, |
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require the public official, public information officer, or other |
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official or employee responsible for the governmental body's |
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failure to comply to complete open records training under Section |
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552.012 not later than six months after the date the governmental |
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body receives the notice and shall notify the governmental body of |
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that requirement. |
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SECTION 11. 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 12. This Act takes effect September 1, 2017. |
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