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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, including |
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establishment of an open records hotline to provide information |
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about the requirements of 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. Subchapter A, Chapter 552, Government Code, is |
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amended by adding Section 552.013 to read as follows: |
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Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general |
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shall operate an open records hotline that a member of the public or |
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an employee or officer of a governmental body may access by calling |
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a toll-free telephone number to ask any question regarding the |
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requirements of this chapter, including the proper procedure to |
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request information from a governmental body and for a governing |
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body to comply with this chapter. The attorney general shall |
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respond to the caller's questions as the attorney general considers |
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appropriate to promote compliance with this chapter. |
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SECTION 2. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Section 552.236 to read as follows: |
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Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION. |
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(a) A person who has requested public information from a |
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governmental body under this chapter and believes that the |
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governmental body has failed to provide the information in |
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compliance with this chapter may file a written complaint with the |
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attorney general. |
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(b) A person filing a complaint under this section must |
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include with the complaint: |
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(1) the original request for information that is the |
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subject of the complaint; |
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(2) any correspondence received from the governmental |
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body that is the subject of the complaint in response to the |
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request; and |
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(3) a statement setting forth how the complainant |
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believes that the governmental body has failed to comply with the |
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requirements of this chapter. |
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(c) The attorney general may submit written questions |
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regarding the complaint to the governmental body that is the |
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subject of the complaint. The governmental body shall respond in |
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writing to the questions not later than the fifth business day after |
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the date the questions are received by the governmental body. |
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(d) The attorney general shall review each complaint filed |
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under this section and issue a written response to both the |
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complainant and the governmental body that is the subject of the |
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complaint not later than the 20th business day after the date the |
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complaint is filed with the attorney general. |
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SECTION 3. Section 552.269(a), Government Code, is amended |
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to read as follows: |
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(a) A person who believes the person has been overcharged |
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for being provided with a copy of public information may complain to |
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the attorney general in writing of the alleged overcharge, setting |
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forth the reasons why the person believes the charges are |
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excessive. The attorney general shall review the complaint and |
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make a determination in writing not later than the 10th business day |
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after the date the complaint is received by the attorney general as |
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to the appropriate charge for providing the copy of the requested |
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information. The governmental body shall respond to the attorney |
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general to any written questions asked of the governmental body by |
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the attorney general regarding the charges for providing the copy |
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of the public information. The response must be made to the |
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attorney general not later than the fifth [within 10] business day |
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[days] after the date the questions are received by the |
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governmental body. If the attorney general determines that a |
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governmental body has overcharged for providing the copy of |
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requested public information, the governmental body shall promptly |
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adjust its charges in accordance with the determination of the |
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attorney general. |
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SECTION 4. Section 552.269(a), Government Code, as amended |
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by this Act, applies only to a complaint made to the office of the |
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attorney general under that subsection on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |