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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of certain information under the |
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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 552.101, Government Code, is amended to |
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read as follows: |
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Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. |
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(a) Information is excepted from the requirements of Section |
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552.021 if it is information considered to be confidential by law, |
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either 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 information considered to be: |
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(1) privileged under an evidentiary privilege created |
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by the Texas Rules of Civil Procedure, the Texas Rules of Evidence, |
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the Texas Disciplinary Rules of Professional Conduct, the Federal |
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Rules of Evidence, or the Federal Rules of Civil Procedure, |
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including the attorney-client privilege, the attorney work product |
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privilege, or any other state or federal discovery privilege; or |
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(2) excepted from required disclosure under another |
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provision of this chapter. |
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SECTION 2. Section 552.302, Government Code, is amended to |
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read as follows: |
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Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY |
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GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a) If |
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a governmental body does not request an attorney general decision |
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as provided by Section 552.301 and provide the requestor with the |
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information required by Sections 552.301(d) and (e-1), the |
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information requested in writing is presumed to be subject to |
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required public disclosure and must be released unless there is a |
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compelling reason to withhold the information. |
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(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, |
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552.111, 552.112, 552.116, 552.122, 552.125, 552.144, 552.146, |
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552.153, and 552.154 do not constitute compelling reasons to |
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withhold information under Subsection (a) for a governmental body |
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that fails to comply with the requirements of Section 552.301. |
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SECTION 3. Section 552.305, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A governmental body's failure to comply with the |
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requirements of Section 552.301 does not affect another person's |
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privacy or property interests or the person's ability under this |
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section to submit a letter, memorandum, or brief in support of each |
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reason why the information should be withheld. |
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SECTION 4. The changes in law made by this Act apply only to |
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a request for information received by a governmental body on or |
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after the effective date of this Act. A request received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |