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A BILL TO BE ENTITLED
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AN ACT
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relating to the 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 552.012, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The attorney general may require each public official |
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of a governmental body to complete the course of training if the |
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attorney general determines that the governmental body has failed |
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to comply with a requirement of this chapter. The attorney general |
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must notify each public official in writing of the attorney |
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general's determination and the requirement to complete the |
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training. A public official who receives notice from the attorney |
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general under this subsection must complete the training not later |
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than the 60th day after the date the official receives the notice. |
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SECTION 2. Section 552.108(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not except from the requirements of |
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Section 552.021 information that is basic information about an |
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arrested person, an arrest, or a crime. A governmental body shall |
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promptly release basic information responsive to a request made |
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under this chapter unless the governmental body seeks to withhold |
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the information as provided by another provision of this chapter, |
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and regardless of whether the governmental body requests an |
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attorney general decision under Subchapter G regarding other |
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information subject to the request. |
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SECTION 3. 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 150,000; 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 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 4. Section 552.306, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Section 552.011, the attorney |
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general shall promptly render a decision requested under this |
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subchapter, consistent with the standards of due process, |
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determining whether the requested information is within one of the |
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exceptions of Subchapter C. The attorney general shall render the |
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decision not later than the 45th business day after the date the |
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attorney general received the request for a decision. [If the |
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attorney general is unable to issue the decision within the 45-day |
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period, the attorney general may extend the period for issuing the |
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decision by an additional 10 business days by informing the |
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governmental body and the requestor, during the original 45-day |
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period, of the reason for the delay.] |
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(c) A governmental body shall as soon as practicable but not |
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later than the 30th day after the date the attorney general issues |
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an opinion under Subsection (b) regarding information requested |
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under this chapter: |
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(1) provide the requestor of the information an |
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itemized estimate of charges for production of the information if |
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the estimate is required by Section 552.2615; |
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(2) produce the information if it is required to be |
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produced; |
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(3) notify the requestor in writing that the |
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governmental body is withholding the information as authorized by |
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the opinion; or |
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(4) notify the requestor in writing that the |
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governmental body has filed suit against the attorney general under |
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Section 552.324 regarding the information. |
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SECTION 5. 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 6. Subchapter G, Chapter 552, Government Code, is |
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amended by adding Section 552.310 to read as follows: |
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Sec. 552.310. SEARCHABLE DATABASE. (a) The office of the |
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attorney general shall make available on the office's Internet |
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website an easily accessible and searchable database consisting of: |
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(1) each request for an attorney general decision made |
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under this subchapter; and |
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(2) the attorney general's opinion issued for the |
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request. |
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(b) The database at a minimum must allow a person to search |
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for a request or opinion described by Subsection (a) by: |
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(1) the name of the governmental body making the |
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request; and |
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(2) the exception under Subchapter C that a |
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governmental body asserts in the request applies to its request to |
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withhold information from public disclosure. |
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(c) The database must allow a person to view the current |
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status of a request described by Subsection (a)(1) and an estimated |
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timeline indicating the date each stage of review of the request |
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will be started and completed. |
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SECTION 7. Section 552.3031, Government Code, as added by |
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this Act, and Section 552.306, Government Code, as amended by this |
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Act, apply to a request for an attorney general decision made under |
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Subchapter G, Chapter 552, of that code on or after the effective |
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date of this Act. A request for an attorney general decision made |
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before the effective date of this Act is governed by the law in |
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effect on the date the request was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. As soon as practicable, but not later than |
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January 1, 2024, the office of the attorney general shall make the |
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database required by Section 552.310, Government Code, as added by |
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this Act, available on the office's Internet website. |
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SECTION 9. This Act takes effect September 1, 2023. |