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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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adding Subsections (f) and (g) to read as follows: |
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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 notify the requestor in writing not |
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later than the 10th business day after the date the request is |
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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, not later |
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than the 10th business day after the date the request is received: |
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(1) notify the requestor in writing that the |
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information is being withheld; and |
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(2) identify 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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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 information is a report required to be filed |
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with the governmental body under Subchapter C or D, Chapter 254, |
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Election Code, unless all of those reports filed with the |
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governmental body during the preceding three years are available to |
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the public on the governmental body's Internet website; |
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(2) the officer for public information is required to |
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make a certification under Section 552.221(d) that the officer |
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cannot produce the public information for inspection or duplication |
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within 10 business days after the date the information is |
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requested; |
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(3) 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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(4) 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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(5) 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 552.306(c), Government Code, is amended |
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to read as follows: |
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(c) A governmental body shall as soon as practicable but |
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within a reasonable period of time after the date the attorney |
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general issues an opinion under Subsection (b) regarding |
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information requested under this chapter: |
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(1) [provide the requestor of the information an |
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itemized estimate of charges for production of the information if |
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the estimate is required by Section 552.2615; |
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[(2)] if the requested information is voluminous: |
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(A) take the following actions if the |
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governmental body determines that it is able to disclose the |
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information in a single batch: |
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(i) provide a written certified notice to |
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the requestor and the attorney general that it is impractical or |
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impossible for the governmental body to produce the information |
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within a reasonable period of time; |
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(ii) include in the notice the date and hour |
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that the governmental body will disclose the information to the |
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requestor, which may not be later than the 15th business day after |
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the date the governmental body provides the notice; and |
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(iii) produce the information at the date |
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and time included in the notice; or |
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(B) take the following actions if the |
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governmental body determines that it is unable to disclose the |
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information in a single batch: |
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(i) provide a written certified notice to |
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the requestor and the attorney general that it is impractical or |
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impossible for the governmental body to produce the information |
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within a reasonable period of time and in a single batch; |
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(ii) include in the notice the date and hour |
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that the governmental body will disclose the first batch of |
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information to the requestor, which may not be later than the 15th |
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business day after the date the governmental body provides the |
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notice; |
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(iii) provide a written certified notice to |
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the requestor and the attorney general when each subsequent batch |
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of information is disclosed to the requestor of the date and hour |
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that the governmental body will disclose the next batch of |
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information to the requestor, which may not be later than the 15th |
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business day after the date the governmental body provides the |
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notice; and |
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(iv) produce the requested information at |
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each date and time included in a notice; |
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(2) [(3)] produce the information if it is required to |
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be produced; |
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(3) [(4)] notify the requestor in writing that the |
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governmental body is withholding the information as authorized by |
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the opinion; or |
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(4) [(5)] notify the requestor in writing that the |
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governmental body has filed suit against the attorney general under |
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Section 552.324 regarding the information. |
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SECTION 4. 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) and (c), in [In] an action brought under Section 552.321, [or] |
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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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[(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 5. 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 6. 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 7. 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 8. This Act takes effect September 1, 2025. |