By: Watson S.B. No. 1655
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of certain information under the
  public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.101, Government Code, is amended to
  read as follows:
         Sec. 552.101.  EXCEPTION: CONFIDENTIAL INFORMATION.  
  (a)  Information is excepted from the requirements of Section
  552.021 if it is information considered to be confidential by law,
  either constitutional, statutory, or by judicial decision.
         (b)  The exception to disclosure provided by Subsection (a)
  does not apply to information considered to be:
               (1)  privileged under an evidentiary privilege created
  by the Texas Rules of Civil Procedure, the Texas Rules of Evidence,
  the Texas Disciplinary Rules of Professional Conduct, the Federal
  Rules of Evidence, or the Federal Rules of Civil Procedure,
  including the attorney-client privilege, the attorney work product
  privilege, or any other state or federal discovery privilege; or
               (2)  excepted from required disclosure under another
  provision of this chapter.
         SECTION 2.  Section 552.302, Government Code, is amended to
  read as follows:
         Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
  GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC.  (a)  If
  a governmental body does not request an attorney general decision
  as provided by Section 552.301 and provide the requestor with the
  information required by Sections 552.301(d) and (e-1), the
  information requested in writing is presumed to be subject to
  required public disclosure and must be released unless there is a
  compelling reason to withhold the information.
         (b)  Sections 552.103, 552.104, 552.105, 552.106, 552.108,
  552.111, 552.112, 552.116, 552.122, 552.125, 552.144, 552.146,
  552.153, and 552.154 do not constitute compelling reasons to
  withhold information under Subsection (a) for a governmental body
  that fails to comply with the requirements of Section 552.301.
         SECTION 3.  Section 552.305, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A governmental body's failure to comply with the
  requirements of Section 552.301 does not affect another person's
  privacy or property interests or the person's ability under this
  section to submit a letter, memorandum, or brief in support of each
  reason why the information should be withheld.
         SECTION 4.  The changes in law made by this Act apply only to
  a request for information received by a governmental body on or
  after the effective date of this Act.  A request received before the
  effective date of this Act is governed by the law in effect on the
  date the request was received, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.