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AN ACT
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relating to assistance in the investigation of certain open |
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meetings offenses by the open records division of the attorney |
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general's office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.067 to read as follows: |
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Art. 2A.067. PROVISION OF CERTAIN INFORMATION TO ATTORNEY |
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GENERAL. (a) A law enforcement agency that submits to the office |
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of a district attorney, criminal district attorney, or county |
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attorney a report stating there is probable cause to believe an |
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identified person has committed a criminal offense under Chapter |
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551, Government Code, shall simultaneously submit a copy of that |
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report to the open records division of the attorney general's |
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office. |
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(b) On request of the attorney general, a law enforcement |
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agency shall provide all requested information that has not been |
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made publicly available regarding an investigation of an offense |
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under Chapter 551, Government Code, to the open records division of |
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the attorney general's office. |
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SECTION 2. Subchapter C, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.112 to read as follows: |
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Art. 2A.112. INVESTIGATION OF OPEN MEETING OFFENSES. (a) A |
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district attorney, criminal district attorney, or county attorney |
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representing the state in the prosecution of a criminal offense |
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under Chapter 551, Government Code, may request the assistance of |
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the open records division of the attorney general's office in the |
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investigation of the offense. |
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(b) On request of the attorney general, the district |
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attorney, criminal district attorney, or county attorney |
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representing the state in the prosecution of a criminal offense |
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under Chapter 551, Government Code, shall provide to the open |
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records division of the attorney general's office all requested |
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information that has not been made publicly available regarding the |
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investigation of the offense. |
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(c) If a district attorney, criminal district attorney, or |
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county attorney who receives a report under Article 2A.067(a) or |
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who represents the state in the prosecution of a criminal offense |
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under Chapter 551, Government Code, decides to not prosecute or to |
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terminate the investigation of a case regarding an offense under |
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that chapter, the attorney shall publish on any Internet website |
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maintained by the attorney's office, for a period of not less than |
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one year: |
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(1) notice of the attorney's decision to not prosecute |
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or to terminate the investigation of the case; and |
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(2) the attorney's reason for not prosecuting or for |
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terminating the investigation of the case. |
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SECTION 3. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.02801 to read as follows: |
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Sec. 402.02801. INVESTIGATION OF OPEN MEETING OFFENSES. |
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(a) The open records division of the attorney general's office, on |
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the request of a law enforcement agency under Article 2A.067, Code |
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of Criminal Procedure, or an attorney representing the state under |
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Article 2A.112, Code of Criminal Procedure, may assist the agency |
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or attorney in the investigation of a criminal offense under |
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Chapter 551. |
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(b) To assist in an investigation under Subsection (a), the |
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open records division of the attorney general's office may request |
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from a law enforcement agency or an attorney representing the state |
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in the prosecution of an offense under Chapter 551 any information |
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relating to the offense that has not been made publicly available. |
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SECTION 4. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3711 was passed by the House on April |
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29, 2025, by the following vote: Yeas 131, Nays 13, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3711 on May 28, 2025, by the following vote: Yeas 82, Nays 40, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3711 was passed by the Senate, with |
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amendments, on May 26, 2025, by the following vote: Yeas 26, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |