88R4235 MCK-F
 
  By: Johnson S.B. No. 618
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 552, Government Code, is
  amended by adding Section 552.0031 to read as follows:
         Sec. 552.0031.  BUSINESS DAYS. (a) Except as provided by
  this section, in this chapter "business day" means a day other than:
               (1)  a Saturday or Sunday;
               (2)  a national holiday under Section 662.003(a); or
               (3)  a state holiday under Section 662.003(b).
         (b)  The fact that an employee works from an alternative work
  site does not affect whether a day is considered a business day
  under this chapter.
         (c)  An optional holiday under Section 662.003(c) is not a
  business day of a governmental body if the officer for public
  information of the governmental body observes the optional holiday.
         (d)  A holiday established by the governing body of an
  institution of higher education under Section 662.011(a) is not a
  business day of the institution of higher education.
         (e)  The Friday before or Monday after a holiday described by
  Subsection (a)(2) or (3) is not a business day of a governmental
  body if the holiday occurs on a Saturday or Sunday and the
  governmental body observes the holiday on that Friday or Monday.
         (f)  Subject to the requirements of this subsection, a
  governmental body may designate a day on which the governmental
  body's administrative offices are closed or operating with minimum
  staffing as a nonbusiness day. The designation of a nonbusiness day
  for an independent school district must be made by the board of
  trustees. The designation of a nonbusiness day for a governmental
  body other than an independent school district must be made by the
  executive director or other chief administrative officer. A
  governmental body may designate not more than 10 nonbusiness days
  under this subsection each calendar year. A governmental body
  shall make a good faith effort to post advance notice of the
  nonbusiness days designated under this subsection on the
  governmental body's Internet website.
         SECTION 2.  Section 552.261, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A governmental body may not impose a charge under this
  subchapter for providing a copy of public information if the
  information is a report required to be filed with the governmental
  body under Subchapter C or D, Chapter 254, Election Code, unless all
  of those reports filed with the governmental body during the
  preceding year are available to the public on the governmental
  body's Internet website.
         SECTION 3.  Section 552.301(b), Government Code, is amended
  to read as follows:
         (b)  The governmental body must ask for the attorney
  general's decision and state the specific exceptions that apply
  within a reasonable time but not later than the 10th business day
  after the date of receiving the written request.
         SECTION 4.  The heading to Subchapter H, Chapter 552,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
         SECTION 5.  Subchapter H, Chapter 552, Government Code, is
  amended by adding Section 552.328 to read as follows:
         Sec. 552.328.  FAILURE TO RESPOND TO REQUESTOR. (a) If a
  governmental body fails to respond to a requestor as required by
  Section 552.221, the requestor may send a written complaint to the
  attorney general.
         (b)  The complaint must include:
               (1)  the original request for information; and
               (2)  any correspondence received from the governmental
  body in response to the request.
         (c)  If the attorney general determines the governmental
  body improperly failed to comply with Section 552.221 in connection
  with a request for which a complaint is made under this section:
               (1)  the attorney general shall notify the governmental
  body in writing and require the governmental body to complete open
  records training not later than six months after receiving the
  notification;
               (2)  the governmental body may not assess costs to the
  requestor for producing information in response to the request; and
               (3)  if the governmental body seeks to withhold
  information in response to the request, the governmental body must:
                     (A)  request an attorney general decision under
  Section 552.301 not later than the fifth business day after the date
  the governmental body receives the notification under Subdivision
  (1); and
                     (B)  release the requested information unless
  there is a compelling reason to withhold the information.
         SECTION 6.  The changes in law made by this Act apply only to
  a request for information that is received by a governmental body or
  an officer for public information on or after the effective date of
  this Act.
         SECTION 7.  This Act takes effect September 1, 2023.