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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. Section 552.221, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (f), (g), and (h) to |
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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 to the officer. |
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In this section [subsection], "promptly" means as soon as possible |
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under the circumstances, that is, within a reasonable time, without |
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delay. |
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(f) If the governmental body determines it has no |
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information responsive to a request for information, the officer |
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for public information shall promptly notify the requestor in |
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writing, but not later than the 10th business day after the date the |
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request is received. |
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(g) If a governmental body determines the requested |
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information is subject to a previous determination that permits or |
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requires the governmental body to withhold the requested |
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information, the officer for public information shall provide a |
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written notification to the requestor that does the following: |
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(1) notifies the requestor that the information is |
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being withheld; and |
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(2) identifies in the notice the specific previous |
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determination the governmental body is relying on to withhold the |
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requested information. |
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(h) A governmental body shall provide a notification under |
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Subsection (g) promptly, but not later than: |
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(1) the 10th business day after the date the |
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information is requested; or |
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(2) the date and hour the officer for public |
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information certifies that the information will be available for |
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inspection or duplication if the officer made a certification under |
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Subsection (d) and subsequently determines that the information is |
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subject to a previous determination that permits or requires the |
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governmental body to withhold the requested information. |
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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: |
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(1) the governmental body asked for clarification of |
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the request under Section 552.222 later than the 10th business day |
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after the date the information was requested; |
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(2) the governmental body asked for a decision under |
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Section 552.301 with respect to the requested information and did |
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not provide to the requestor the information required by Section |
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552.301(d) or (e-1); or |
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(3) the attorney general issued a written opinion |
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under Section 552.306(b) determining that the requested |
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information is subject to mandatory disclosure under this chapter. |
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SECTION 3. Section 552.323, Government Code, is amended to |
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read as follows: |
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Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND |
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REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections |
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(b), (c), and (d), in [In] an action brought under Section 552.321, |
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[or] 552.3215, 552.324, or 552.325, the court shall assess costs of |
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litigation and reasonable attorney fees incurred by a plaintiff or |
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intervening requestor: |
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(1) who substantially prevails; or |
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(2) to whom a governmental body voluntarily releases |
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the requested information, unless before suit is filed: |
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(A) the body releases the information; or |
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(B) the body certifies a date and hour within a |
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reasonable time when the information will be available for |
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inspection or duplication. |
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(b) The [, except that the] court may not assess [those] |
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costs or [and] fees against a governmental body under Subsection |
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(a) if the court finds that the governmental body acted in |
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reasonable reliance on: |
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(1) a judgment or an order of a court applicable to the |
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governmental body; |
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(2) the published opinion of an appellate court; or |
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(3) a written decision of the attorney general, |
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including a decision issued under Subchapter G or an opinion issued |
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under Section 402.042. |
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(c) Notwithstanding Subsection (a), in an action brought |
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under Section 552.325 by a person or entity other than a |
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governmental body or officer for public information, the court |
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shall assess costs of litigation and reasonable attorney fees |
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incurred by an intervening requestor if the intervening requestor |
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substantially prevails. |
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(d) This section does not prohibit the parties to a suit |
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brought under this subchapter from agreeing to assume the party's |
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own attorney fees and costs of litigation. |
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[(b) In an action brought under Section 552.324, the court |
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may not assess costs of litigation or reasonable attorney's fees |
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incurred by a plaintiff or defendant who substantially prevails |
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unless the court finds the action or the defense of the action was |
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groundless in fact or law. In exercising its discretion under this |
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subsection, the court shall consider whether the conduct of the |
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governmental body had a reasonable basis in law and whether the |
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litigation was brought in good faith.] |
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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. 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 7. This Act takes effect September 1, 2025. |