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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. Section 552.103(c), Government Code, is amended |
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to read as follows: |
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(c) Information relating to litigation involving a |
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governmental body or an officer or employee of a governmental body |
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is excepted from disclosure under Subsection (a) only if the |
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litigation is pending or reasonably anticipated on the date that |
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the requestor applies to the officer for public information for |
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access to or duplication of the information. For purposes of this |
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section, litigation is considered reasonably anticipated only if a |
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person with an alleged claim, or that person's 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 2. Section 552.108, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Information described by Subsection (a)(2) or an |
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internal record or notation described by Subsection (b)(2) is not |
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excepted from the requirements of Section 552.021 in response to a |
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written request for the information made by: |
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(1) a person who is the subject of the information, |
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record, or notation, or the person's attorney; 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 3. 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 4. This Act takes effect September 1, 2023. |