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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance with the public information law by |
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governmental bodies and the imposition of charges for providing |
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copies of public information under that law; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 three years are available to the public on the |
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governmental body's Internet website. |
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SECTION 2. Section 552.269, Government Code, is amended by |
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adding Subsections (c), (d), (e), and (f) to read as follows: |
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(c) The attorney general may cancel or reduce any charge or |
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portion of a charge imposed by a governmental body under this |
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subchapter if the attorney general determines that the governmental |
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body: |
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(1) has not maintained the requested information in |
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accordance with standard recordkeeping practices; or |
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(2) failed to comply with this chapter with regard to |
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the request for public information for which the charge is imposed. |
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(d) A governmental body may not knowingly fail to comply |
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with this chapter with regard to a request for public information |
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for which a charge is imposed. |
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(e) A governmental body that violates Subsection (d) is |
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liable to the state for a civil penalty in an amount not to exceed |
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$1,000 for each violation. |
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(f) The attorney general may bring an action to collect a |
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civil penalty under Subsection (e). |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |