| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an alternative dispute resolution procedure regarding |
|
|
certain matters under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.328 to read as follows: |
|
|
Sec. 552.328. ALTERNATIVE DISPUTE RESOLUTION. (a) A |
|
|
requestor may require a governmental body to participate in an |
|
|
alternative dispute resolution procedure regarding a request for |
|
|
information submitted by the requestor to the governmental body if: |
|
|
(1) the governmental body has: |
|
|
(A) provided a written statement to the requestor |
|
|
under Section 552.231 or 552.2615 regarding the request; or |
|
|
(B) requested a decision from the attorney |
|
|
general under Section 552.301 regarding information that is the |
|
|
subject of the request; and |
|
|
(2) the requestor disagrees with: |
|
|
(A) the determination of the governmental body |
|
|
provided in the written statement described by Subdivision (1)(A); |
|
|
or |
|
|
(B) an assertion made by the governmental body in |
|
|
the request described by Subdivision (1)(B). |
|
|
(b) An alternative dispute resolution procedure conducted |
|
|
under this section must be consistent with Chapter 154, Civil |
|
|
Practice and Remedies Code. |
|
|
(c) A requestor may initiate an alternative dispute |
|
|
resolution procedure under this section by submitting written |
|
|
notice to the applicable governmental body not later than the 180th |
|
|
day after the date the requestor requests the information under |
|
|
Section 552.221 that is the subject of the dispute. The notice |
|
|
must: |
|
|
(1) advise the governmental body that the requestor is |
|
|
initiating the alternative dispute resolution procedure authorized |
|
|
by this section regarding a request for information; |
|
|
(2) state the date the requestor submitted the |
|
|
request; |
|
|
(3) describe the information requested; and |
|
|
(4) state each remedy the requestor seeks to obtain. |
|
|
(d) A governmental body that receives a notice under |
|
|
Subsection (c) shall participate in an alternative dispute |
|
|
resolution procedure. |
|
|
(e) A requestor and a governmental body that will |
|
|
participate in an alternative dispute resolution procedure |
|
|
initiated under this section may agree to retain and share any costs |
|
|
associated with the services of an impartial third party in |
|
|
conducting the procedure. If the requestor and the governmental |
|
|
body cannot agree on an impartial third party, the State Office of |
|
|
Administrative Hearings shall conduct the procedure at no cost to |
|
|
the requestor or the governmental body. |
|
|
(f) This section may not be construed to affect a deadline |
|
|
or duty prescribed under this chapter. |
|
|
(g) This section may not be construed to prevent a requestor |
|
|
from: |
|
|
(1) clarifying or withdrawing the request that is the |
|
|
subject of an alternative dispute resolution procedure initiated |
|
|
under this section; or |
|
|
(2) submitting another request under this chapter. |
|
|
(h) The State Office of Administrative Hearings shall adopt |
|
|
rules necessary to implement this section. |
|
|
SECTION 2. The State Office of Administrative Hearings |
|
|
shall adopt rules as required by Section 552.328(h), Government |
|
|
Code, as added by this Act, not later than January 1, 2026. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a request for public information received on or after January 1, |
|
|
2026. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |