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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain information. |
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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) This section does not encompass the attorney-client |
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privilege, the work product privilege, other exceptions in this |
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Chapter, or state or federal discovery privileges, including but |
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not limited to the Texas Rules of Civil Procedure, Texas Rules of |
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Evidence, Texas Disciplinary Rules of Professional Conduct, |
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Federal Rules of Evidence, and Federal Rules of Civil Procedure. |
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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) Notwithstanding subsection (a), Sections 552.103, |
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552.104, 552.105, 552.106, 552.108, 552.111, 552.112, 552.116, |
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552.122, 552.125, 552.144, 552.146, 552.153, and 552.154 do not |
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constitute compelling reasons to withhold information for a |
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governmental body that fails to comply with the requirements of |
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Section 552.301. |
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SECTION 3. This Act takes effect September 1, 2017. |