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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 552.0031, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The attorney general may determine that a governmental |
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body is or has been temporarily unable to respond to a request for |
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information due to a disaster or other event that prevents the |
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governmental body from conducting business. On making a |
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determination under this subsection, the attorney general may |
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designate a day on which the governmental body's administrative |
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offices are closed or operating with minimum staffing as a |
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nonbusiness day. The attorney general may designate not more than |
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30 nonbusiness days for a governmental body under this subsection |
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in each calendar year. The attorney general shall maintain on the |
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Internet website of the attorney general for not less than two years |
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information regarding each designation made under this subsection. |
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The attorney general by rule shall establish procedures for making |
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a designation under this subsection. |
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SECTION 2. Section 552.108(d), Government Code, as added by |
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Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular |
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Session, 2023, is redesignated as Section 552.108(c-1), Government |
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Code, to read as follows: |
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(c-1) [(d)] The exception to disclosure provided by |
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Subsection (a)(2) does not apply to information, records, or |
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notations if: |
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(1) a person who is described by or depicted in the |
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information, record, or notation, other than a peace officer, is |
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deceased or incapacitated; or |
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(2) each person who is described by or depicted in the |
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information, record, or notation, other than a person who is |
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deceased or incapacitated, consents to the release of the |
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information, record, or notation. |
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SECTION 3. Sections 552.11765(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In this section: |
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(1) "License" [, "license"] means a license, |
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certificate, registration, permit, or other authorization that: |
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(A) [(1)] is issued by a licensing authority |
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[governmental body described by Section 552.003(1)(A)(i)]; and |
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(B) [(2)] an individual must obtain to practice |
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or engage in a particular [business,] occupation[,] or profession. |
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(2) "Licensing authority" means a department, |
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commission, board, office, or other agency of the state that issues |
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or renews a license. |
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(b) Except as provided by Subsections (c) and (d), |
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information maintained by a governmental body that is a licensing |
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authority [described by Section 552.003(1)(A)(i)] is confidential |
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and excepted from the requirements of Section 552.021 if the |
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information: |
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(1) is a license application; or |
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(2) relates to the home address, home telephone |
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number, electronic mail address, social security number, date of |
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birth, driver's license number, state identification number, |
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passport number, emergency contact information, or payment |
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information of: |
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(A) an applicant for a license issued by the |
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governmental body; |
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(B) an individual who holds a license issued by |
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the governmental body; or |
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(C) an individual who previously held a license |
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issued by the governmental body. |
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SECTION 4. Section 552.321, Government Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) If a governmental body requests a decision under Section |
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552.301, a requestor may file suit under this section not earlier |
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than the 45th business day after the date the attorney general |
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receives the request for a decision. If the attorney general |
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extends the period for issuing the decision as permitted by Section |
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552.306(a), a requestor may file suit under this section not |
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earlier than the 55th business day after the date the attorney |
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general received the request for a decision. |
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(e) If the attorney general issues an opinion under Section |
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552.306 that information that is the subject of the opinion is |
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within an exception under Subchapter C, in a suit under this |
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subchapter there is a rebuttable presumption that the information |
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is within the exception. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. Section 552.321(d), Government Code, as added by |
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this Act, applies only to a suit filed under Section 552.321, |
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Government Code, that is filed on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |