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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain litigation, law enforcement, |
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corrections, and prosecutorial records under the public |
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information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 552.103, Government Code, |
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is amended to read as follows: |
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Sec. 552.103. EXCEPTION: NAMES OF INDIVIDUALS INVOLVED IN |
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LITIGATION OR SETTLEMENT NEGOTIATIONS INVOLVING THE STATE OR A |
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POLITICAL SUBDIVISION. |
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SECTION 2. Sections 552.103(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) Information [is excepted from the requirements of |
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Section 552.021 if it is information] relating to litigation of a |
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civil or criminal nature to which the state or a political |
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subdivision is or may be a party or to which an officer or employee |
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of the state or a political subdivision, as a consequence of the |
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person's office or employment, is or may be a party is subject to |
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the requirements of Section 552.021 except that the names of the |
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persons involved in the litigation may be withheld. |
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(c) The name of a person involved in litigation involving a |
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governmental body or an officer or employee of a governmental body |
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may be withheld under Subsection (a) [Information relating to |
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litigation involving a governmental body or an officer or employee |
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of a governmental body is excepted from disclosure under Subsection |
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(a)] only if the litigation is pending or reasonably anticipated on |
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the date that the requestor applies to the officer for public |
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information for access to or duplication of the information. For |
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purposes of this section, litigation is considered reasonably |
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anticipated only if a person with an alleged claim, or that person's |
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attorney, has: |
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(1) threatened in writing to take legal action against |
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the governmental body; or |
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(2) made a written demand for compensation as a result |
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of an alleged claim against the governmental body. |
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SECTION 3. The heading to Section 552.108, Government Code, |
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is amended to read as follows: |
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Sec. 552.108. EXCEPTION: CERTAIN NAMES IN LAW ENFORCEMENT, |
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CORRECTIONS, AND PROSECUTORIAL INFORMATION. |
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SECTION 4. Section 552.108, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) Information held by a law enforcement agency or |
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prosecutor that deals with the detection, investigation, or |
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prosecution of crime is subject to the requirements of Section |
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552.021 except that the name of a person being investigated or |
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prosecuted for a crime may be withheld [excepted from the |
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requirements of Section 552.021] if: |
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(1) release of the information would interfere with |
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the detection, investigation, or prosecution of crime; |
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(2) it is information that deals with the detection, |
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investigation, or prosecution of crime only in relation to an |
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investigation that did not result in conviction or deferred |
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adjudication; |
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(3) it is information relating to a threat against a |
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peace officer or detention officer collected or disseminated under |
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Section 411.048; or |
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(4) it is information that: |
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(A) is prepared by an attorney representing the |
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state in anticipation of or in the course of preparing for criminal |
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litigation; or |
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(B) reflects the mental impressions or legal |
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reasoning of an attorney representing the state. |
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(b) An internal record or notation of a law enforcement |
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agency or prosecutor that is maintained for internal use in matters |
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relating to law enforcement or prosecution is subject to the |
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requirements of Section 552.021 except that the name of a person who |
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is part of a law enforcement investigation or who is being |
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prosecuted for a crime may be withheld [excepted from the |
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requirements of Section 552.021] if: |
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(1) release of the internal record or notation would |
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interfere with law enforcement or prosecution; |
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(2) the internal record or notation relates to law |
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enforcement only in relation to an investigation that did not |
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result in conviction or deferred adjudication; or |
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(3) the internal record or notation: |
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(A) is prepared by an attorney representing the |
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state in anticipation of or in the course of preparing for criminal |
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litigation; or |
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(B) reflects the mental impressions or legal |
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reasoning of an attorney representing the state. |
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(d) The name of a person may not be withheld under this |
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section in response to a written request for the information made |
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by: |
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(1) a person who is the subject of the information, |
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record, or notation; or |
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(2) if the person described by Subdivision (1) is |
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deceased, the person's spouse, child, or parent, an administrator |
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of the person's estate, or any of their attorneys. |
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SECTION 5. The changes in law made by this Act to Sections |
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552.103 and 552.108, Government Code, apply only to a request for |
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information that is received by a governmental body or an officer or |
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employee of a governmental body on or after the effective date of |
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this Act. A request for information that was 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 6. This Act takes effect September 1, 2021. |