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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic submission of requests for attorney |
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general decisions under the public information law; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 552, Government Code, is |
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amended by adding Section 552.3031 to read as follows: |
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Sec. 552.3031. ELECTRONIC SUBMISSION OF REQUEST FOR |
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ATTORNEY GENERAL DECISION. (a) This section does not apply to a |
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request for an attorney general decision made under this subchapter |
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if: |
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(1) the governmental body requesting the decision: |
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(A) has fewer than 16 full-time employees; or |
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(B) is located in a county with a population of |
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less than 250,000; or |
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(2) the amount or format of responsive information at |
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issue in a particular request makes use of the attorney general's |
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electronic filing system impractical or impossible. |
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(b) A governmental body that requests an attorney general |
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decision under this subchapter must submit the request through the |
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attorney general's designated electronic filing system. |
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(c) The attorney general may charge a fee for a request |
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described by Subsection (a)(2) that is submitted in a manner other |
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than the manner described by Subsection (b). |
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(d) The attorney general may adopt rules necessary to |
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implement this section, including rules that define the amount or |
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type of formatting of information described by Subsection (a)(2) |
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that makes use of the electronic filing system impractical or |
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impossible. |
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SECTION 2. Section 552.308, Government Code, is amended to |
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read as follows: |
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Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL, |
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INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as |
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provided by Section 552.3031, when [When] this subchapter requires |
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a request, notice, or other document to be submitted or otherwise |
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given to a person within a specified period, the requirement is met |
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in a timely fashion if the document is sent to the person by first |
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class United States mail or common or contract carrier properly |
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addressed with postage or handling charges prepaid and: |
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(1) it bears a post office cancellation mark or a |
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receipt mark of a common or contract carrier indicating a time |
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within that period; or |
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(2) the person required to submit or otherwise give |
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the document furnishes satisfactory proof that it was deposited in |
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the mail or with a common or contract carrier within that period. |
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(b) Except as provided by Section 552.3031, when [When] this |
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subchapter requires an agency of this state to submit or otherwise |
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give to the attorney general within a specified period a request, |
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notice, or other writing, the requirement is met in a timely fashion |
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if: |
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(1) the request, notice, or other writing is sent to |
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the attorney general by interagency mail; and |
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(2) the agency provides evidence sufficient to |
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establish that the request, notice, or other writing was deposited |
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in the interagency mail within that period. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for public information received by a governmental body or |
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officer for public information on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |