By: Paddie, Raymond H.B. No. 3627
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a governmental body impacted by a
  catastrophe to temporarily suspend the requirements of the public
  information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 552.233, Government Code, as added by
  Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular
  Session, 2019, are amended to read as follows:
         (a)  In this section:
               (1)  "Catastrophe" means a condition or occurrence that
  directly interferes with the ability of a governmental body to
  comply with the requirements of this chapter, including:
                     (A)  fire, flood, earthquake, hurricane, tornado,
  or wind, rain, or snow storm;
                     (B)  power failure, transportation failure, or
  interruption of communication facilities;
                     (C)  epidemic; or
                     (D)  riot, civil disturbance, enemy attack, or
  other actual or threatened act of lawlessness or violence.
               (2)  "Catastrophe" does not mean a period when staff is
  required to work remotely and can access information responsive to
  an application for information electronically, but the physical
  office of the governmental body is closed.
               (3)  "Suspension period" means the period of time
  during which a governmental body may suspend the applicability of
  the requirements of this chapter to the governmental body under
  this section.
         (b)  The requirements of this chapter do not apply to a
  governmental body during the suspension period determined by the
  governmental body under Subsections (d) and (e) if the governmental
  body:
               (1)  is currently significantly impacted by a
  catastrophe such that the catastrophe directly causes the inability
  of a governmental body to comply with the requirements of this
  chapter; and
               (2)  complies with the requirements of this section.
         (d)  A governmental body may suspend the applicability of the
  requirements of this chapter to the governmental body for an
  initial suspension period. The governmental body may suspend the
  applicability of the requirements of this chapter under this
  subsection only once for each catastrophe. The initial suspension
  period may not exceed seven consecutive days and must occur during
  the period that:
               (1)  begins not earlier than the second day before the
  date the governmental body submits notice to the office of the
  attorney general under Subsection (c); and
               (2)  ends not later than the seventh day after the date
  the governmental body submits that notice.
         (e)  A governmental body may extend an initial suspension
  period if the governing body determines that the governing body is
  still impacted by the catastrophe on which the initial suspension
  period was based. The initial suspension period may be extended one
  time for not more than seven consecutive days that begin on the day
  following the day the initial suspension period ends. The
  governing body must submit notice of the extension to the office of
  the attorney general on the form prescribed by the office under
  Subsection (j)(l).
          (f)  A governmental body that initiates a suspension period
  under Subsection (d) may not initiate another suspension period
  related to the same catastrophe, except for a single extension
  period as prescribed in Subsection (e).
         (g)  The combined suspension period for a governmental body
  filing under Subsections (d) and (e) may not exceed a total of 14
  consecutive calendar days with respect to any single catastrophe.
         (f)(h)  A governmental body that suspends the applicability
  of the requirements of this chapter to the governmental body under
  this section must provide notice to the public of the suspension in
  a place readily accessible to the public and in each other location
  the governmental body is required to post a notice under Subchapter
  C, Chapter 551. The governmental body must maintain the notice of
  the suspension during the suspension period.
         (g)(i)  Notwithstanding another provision of this chapter, a
  request for public information received by a governmental body
  during a suspension period determined by the governmental body is
  considered to have been received by the governmental body on the
  first business day after the date the suspension period ends.
         (h)(j)  The requirements of this chapter related to a request
  for public information received by a governmental body before the
  date an initial suspension period determined by the governmental
  body begins are tolled until the first business day after the date
  the suspension period ends.
         (i)(k)  The office of the attorney general shall
  continuously post on the Internet website of the office each notice
  submitted to the office under this section from the date the office
  receives the notice until the first anniversary of that date.
         (j)(l)  The office of the attorney general shall prescribe
  the form of the notice that a governmental body must submit to the
  office under Subsections (c) and (e). The notice must require the
  governmental body to:
               (1)  identify and describe the catastrophe that the
  governmental body is currently impacted by;
               (2)  state the date the initial suspension period
  determined by the governmental body under Subsection (d) begins and
  the date that period ends;
               (3)  if the governmental body has determined to extend
  the initial suspension period under Subsection (e):
                     (A)  state that the governmental body continues to
  be impacted by the catastrophe identified in Subdivision (1); and
                     (B)  state the date the extension to the initial
  suspension period begins and the date the period ends; and
               (4)  provide any other information the office of the
  attorney general determines necessary.
         (m)  Upon conclusion of any suspension period initiated
  pursuant to Subsections (d) or (e), the governmental body shall
  immediately resume compliance with all requirements of this
  chapter.
         SECTION 2.  Section 552.2211 is added to read as follows:
         Sec. 552.2211.  PRODUCTION OF PUBLIC INFORMATION WHEN
  ADMINISTRATIVE OFFICES CLOSED. (a) Except as provided by section
  552.233, if a governmental body closes its physical offices, but
  requires staff to work, including remotely, then the governmental
  body shall make a good faith effort to continue responding to
  applications for public information, to the extent staff have
  access to public information responsive to an application, pursuant
  to this chapter while its administrative offices are closed.   
         (b)  Failure to respond to requests in accordance with
  subsection (a) may constitute a refusal to request an attorney
  general's decision as provided by Subchapter G or a refusal to
  supply public information or information that the attorney general
  has determined is public information that is not excepted from
  disclosure under Subchapter C as described by subsection
  552.321(a).
         SECTION 3.  This Act takes effect September 1, 2021.