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A BILL TO BE ENTITLED
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AN ACT
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relating to the entitlement of persons not residing in this state to |
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public information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.001(a), Government Code, is amended |
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to read as follows: |
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(a) Under the fundamental philosophy of the American |
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constitutional form of representative government that adheres to |
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the principle that government is the servant and not the master of |
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the people, it is the policy of this state that each person whose |
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primary residence is in this state is entitled, unless otherwise |
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expressly provided by law, at all times to complete information |
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about the affairs of government and the official acts of public |
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officials and employees. The people of this state, in delegating |
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authority, do not give their public servants the right to decide |
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what is good for the people to know and what is not good for them to |
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know. The people of this state insist on remaining informed so that |
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they may retain control over the instruments they have created. The |
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provisions of this chapter shall be liberally construed to |
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implement this policy. |
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SECTION 2. Section 552.021, Government Code, is amended to |
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read as follows: |
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Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public |
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information is available to any person whose primary residence is |
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in this state [the public] at a minimum during the normal business |
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hours of the governmental body. |
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SECTION 3. Subchapter B, Chapter 552, Government Code, is |
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amended by adding Section 552.030 to read as follows: |
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Sec. 552.030. REQUEST FOR INFORMATION FROM NONRESIDENT. |
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(a) If a governmental body receives a request for information from |
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a person whose primary residence is not in this state, the |
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governmental body may, but is not required to, respond to the |
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request. |
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(b) A governmental body may ask a requestor to provide the |
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physical address at which the requestor resides in order to |
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establish the requestor's residency. If, not later than the 10th |
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business day following the date the governmental body's request is |
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sent to the requestor, the requestor fails to provide information |
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establishing residency in this state, the governmental body may, |
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for purposes of the request, treat the requestor as a person whose |
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primary residence is not in this state. |
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SECTION 4. Section 552.221(a), Government Code, is amended |
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to read as follows: |
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(a) An officer for public information of a governmental body |
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shall promptly produce public information for inspection, |
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duplication, or both on application by any person whose primary |
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residence is in this state to the officer. In this subsection, |
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"promptly" means as soon as possible under the circumstances, that |
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is, within a reasonable time, without delay. |
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SECTION 5. Section 552.222(a), Government Code, is amended |
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to read as follows: |
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(a) The officer for public information and the officer's |
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agent may not make an inquiry of a requestor except: |
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(1) to establish proper identification; |
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(2) to confirm that the requestor's primary residence |
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is in this state; or |
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(3) [except] as provided by Subsection (b), (c), or |
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(c-1). |
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SECTION 6. Section 552.223, Government Code, is amended to |
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read as follows: |
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Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR |
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INFORMATION. The officer for public information or the officer's |
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agent shall treat all requests for information from persons to whom |
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the officer is required to produce public information under Section |
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552.221(a) uniformly without regard to the position or occupation |
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of the requestor, the person on whose behalf the request is made, or |
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the status of the individual as a member of the media. |
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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 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 8. This Act takes effect September 1, 2023. |