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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and disclosure of certain public |
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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. (a) |
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Subject to Subsection (b), information [Information] is excepted |
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from the requirements of Section 552.021 if it is information |
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considered to be confidential by law, either constitutional, |
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statutory, or by judicial decision. |
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(b) This section does not encompass: |
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(1) the attorney-client privilege; |
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(2) the work product privilege; |
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(3) another exception to disclosure provided by this |
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chapter; or |
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(4) a state or federal discovery privilege, including |
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a discovery privilege provided by the: |
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(A) Texas Rules of Civil Procedure; |
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(B) Texas Rules of Evidence; |
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(C) Texas Disciplinary Rules of Professional |
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Conduct; |
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(D) Federal Rules of Evidence; or |
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(E) Federal Rules of Civil Procedure. |
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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 basic information from the |
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requirements of Section 552.021 [information that is basic |
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information about an arrested person, an arrest, or a crime]. |
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SECTION 3. 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) |
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Subject to Subsection (b), if [If] a governmental body does not |
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request an attorney general decision as provided by Section 552.301 |
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and provide the requestor with the information required by Sections |
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552.301(d) and (e-1), the information requested in writing is |
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presumed to be subject to required public disclosure and must be |
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released unless there is a compelling reason to withhold the |
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information. |
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(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, |
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552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144, |
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552.146, 552.153(b)(1), and 552.154 do not constitute compelling |
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reasons for a governmental body that fails to comply with the |
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requirements of Section 552.301 to withhold information under |
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Subsection (a). |
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(c) The exclusion of an exception to disclosure from the |
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list in Subsection (b) does not create a presumption that the |
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exception constitutes a compelling reason for a governmental body |
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to withhold information under Subsection (a). |
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SECTION 4. Section 118.011(e), Local Government Code, is |
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amended to read as follows: |
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(e) A county clerk who provides a copy in a format other than |
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paper of a record maintained by the clerk shall provide the copy and |
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charge a fee in accordance with Section [Sections 552.231 and] |
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552.262, Government Code. |
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SECTION 5. Section 1701.651(1), Occupations Code, is |
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amended to read as follows: |
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(1) "Body worn camera" means a recording device that |
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is: |
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(A) capable of recording video [,] or |
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transmitting video to be recorded remotely [, video or audio]; and |
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(B) worn on the person of a peace officer, which |
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includes being attached to the officer's clothing or worn as |
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glasses. |
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SECTION 6. Section 552.231, Government Code, is repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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a request for public information received on or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |