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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. Subchapter A, Chapter 552, Government Code, is |
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amended by adding Section 552.0031 to read as follows: |
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Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by |
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this section, in this chapter "business day" means a day other than: |
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(1) a Saturday or Sunday; |
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(2) a national holiday under Section 662.003(a); or |
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(3) a state holiday under Section 662.003(b). |
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(b) The fact that an employee works from an alternative work |
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site does not affect whether a day is considered a business day |
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under this chapter. |
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(c) An optional holiday under Section 662.003(c) is not a |
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business day of a governmental body if the officer for public |
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information of the governmental body observes the optional holiday. |
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(d) A holiday established by the governing body of an |
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institution of higher education under Section 662.011(a) is not a |
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business day of the institution of higher education. |
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(e) The Friday before or Monday after a holiday described by |
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Subsection (a)(2) or (3) is not a business day of a governmental |
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body if the holiday occurs on a Saturday or Sunday and the |
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governmental body observes the holiday on that Friday or Monday. |
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(f) Subject to the requirements of this subsection, a |
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governmental body may designate a day on which the governmental |
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body's administrative offices are closed or operating with minimum |
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staffing as a nonbusiness day. The designation of a nonbusiness day |
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for an independent school district must be made by the board of |
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trustees. The designation of a nonbusiness day for a governmental |
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body other than an independent school district must be made by the |
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executive director or other chief administrative officer. A |
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governmental body may designate not more than 10 nonbusiness days |
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under this subsection each calendar year. A governmental body |
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shall make a good faith effort to post advance notice of the |
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nonbusiness days designated under this subsection on the |
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governmental body's Internet website. |
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SECTION 2. Section 552.261, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A governmental body may not impose a charge under this |
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subchapter for providing a copy of public information if the |
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information is a report required to be filed with the governmental |
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body under Subchapter C or D, Chapter 254, Election Code, unless all |
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of those reports filed with the governmental body during the |
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preceding year are available to the public on the governmental |
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body's Internet website. |
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SECTION 3. Section 552.301(b), Government Code, is amended |
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to read as follows: |
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(b) The governmental body must ask for the attorney |
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general's decision and state the specific exceptions that apply |
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within a reasonable time but not later than the 10th business day |
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after the date of receiving the written request. |
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SECTION 4. The heading to Subchapter H, Chapter 552, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT |
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SECTION 5. Subchapter H, Chapter 552, Government Code, is |
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amended by adding Section 552.328 to read as follows: |
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Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a |
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governmental body fails to respond to a requestor as required by |
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Section 552.221, the requestor may send a written complaint to the |
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attorney general. |
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(b) The complaint must include: |
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(1) the original request for information; and |
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(2) any correspondence received from the governmental |
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body in response to the request. |
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(c) If the attorney general determines the governmental |
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body improperly failed to comply with Section 552.221 in connection |
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with a request for which a complaint is made under this section: |
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(1) the attorney general shall notify the governmental |
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body in writing and require the governmental body to complete open |
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records training not later than six months after receiving the |
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notification; |
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(2) the governmental body may not assess costs to the |
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requestor for producing information in response to the request; and |
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(3) if the governmental body seeks to withhold |
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information in response to the request, the governmental body must: |
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(A) request an attorney general decision under |
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Section 552.301 not later than the fifth business day after the date |
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the governmental body receives the notification under Subdivision |
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(1); and |
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(B) release the requested information unless |
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there is a compelling reason to withhold the information. |
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SECTION 6. The changes in law made by this Act apply only to |
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a request for information that is received by a governmental body or |
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an officer for public information on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |