Bill Text: TX HB3033 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the public information law.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3033 Detail]

Download: Texas-2023-HB3033-Enrolled.html

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H.B. No. 3033

AN ACT
relating to the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 552, Government Code, is
amended by adding Section 552.0031 to read as follows:
Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by
this section, in this chapter "business day" means a day other than:
(1) a Saturday or Sunday;
(2) a national holiday under Section 662.003(a); or
(3) a state holiday under Section 662.003(b).
(b) The fact that an employee works from an alternative work
site does not affect whether a day is considered a business day
under this chapter.
(c) An optional holiday under Section 662.003(c) is not a
business day of a governmental body if the officer for public
information of the governmental body observes the optional holiday.
(d) A holiday established by the governing body of an
institution of higher education under Section 662.011(a) is not a
business day of the institution of higher education.
(e) The Friday before or Monday after a holiday described by
Subsection (a)(2) or (3) is not a business day of a governmental
body if the holiday occurs on a Saturday or Sunday and the
governmental body observes the holiday on that Friday or Monday.
(f) Subject to the requirements of this subsection, a
governmental body may designate a day on which the governmental
body's administrative offices are closed or operating with minimum
staffing as a nonbusiness day. The designation of a nonbusiness day
for an independent school district must be made by the board of
trustees. The designation of a nonbusiness day for a governmental
body other than an independent school district must be made by the
executive director or other chief administrative officer. A
governmental body may designate not more than 10 nonbusiness days
under this subsection each calendar year.
SECTION 2. Section 552.012, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The attorney general may require each public official
of a governmental body to complete the course of training if the
attorney general determines that the governmental body has failed
to comply with a requirement of this chapter. The attorney general
must notify each public official in writing of the attorney
general's determination and the requirement to complete the
training. A public official who receives notice from the attorney
general under this subsection must complete the training not later
than the 60th day after the date the official receives the notice.
SECTION 3. Section 552.103, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The exception to disclosure provided by this section
does not apply to information requested under this chapter if:
(1) the information relates to a general, primary, or
special election, as those terms are defined by Section 1.005,
Election Code;
(2) the information is in the possession of a
governmental body that administers elections described by
Subdivision (1); and
(3) the governmental body described by Subdivision (2)
is not a governmental body described by Section 552.003(1)(A)(i).
SECTION 4. Section 552.108(c), Government Code, is amended
to read as follows:
(c) This section does not except from the requirements of
Section 552.021 information that is basic information about an
arrested person, an arrest, or a crime. A governmental body shall
promptly release basic information responsive to a request made
under this chapter unless the governmental body seeks to withhold
the information as provided by another provision of this chapter,
and regardless of whether the governmental body requests an
attorney general decision under Subchapter G regarding other
information subject to the request.
SECTION 5. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.163 to read as follows:
Sec. 552.163. EXCEPTION: CONFIDENTIALITY OF CERTAIN
ATTORNEY GENERAL SETTLEMENT NEGOTIATIONS. (a) In this section,
"attorney general settlement communication" means documentary
materials or information collected, assembled, drafted, developed,
used, received, or maintained by or on behalf of the attorney
general with respect to an investigation or litigation conducted
under Subchapter E, Chapter 17, Business & Commerce Code, and that
reflects or is regarding negotiations made for the purpose of
achieving a resolution of a matter without the need for continuing
with litigation or trial.
(b) An attorney general settlement communication is
privileged and not subject to disclosure under this chapter from
the date the attorney general's investigation begins, as indicated
in the attorney general's case management records, until the
earlier of:
(1) the 90th day after the date settlement discussions
are terminated; or
(2) the earliest of the date:
(A) the case is reported closed in the attorney
general's case management records;
(B) the final judgment, assurance of voluntary
compliance, or other settlement agreement is entered by the court,
and the period for filing a notice of appeal has passed;
(C) the settlement documents are executed by all
parties, if the documents are not filed in court;
(D) the order of dismissal or nonsuit disposing
of all parties is entered by the court; or
(E) all appeals are finalized.
(c) For the purpose of this section, a settlement
communication does not include a document attached to or referenced
in a delivered settlement proposal that is subject to disclosure
under this chapter.
SECTION 6. Section 552.271, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) A requestor who has exceeded a limit established by a
governmental body under Section 552.275 may not inspect public
information on behalf of another requestor unless the requestor who
exceeded the limit has paid each statement issued by the
governmental body under Section 552.275(e).
SECTION 7. Section 552.272, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A requestor who has exceeded a limit established by a
governmental body under Section 552.275 may not inspect public
information on behalf of another requestor unless the requestor who
exceeded the limit has paid each statement issued by the
governmental body under Section 552.275(e).
SECTION 8. Section 552.275, Government Code, is amended by
amending Subsections (d), (g), and (h) and adding Subsections (n)
and (o) to read as follows:
(d) If a governmental body establishes a time limit under
Subsection (a), each time the governmental body complies with a
request for public information, the governmental body shall provide
the requestor with a written statement of the amount of personnel
time spent complying with that request and the cumulative amount of
time spent complying with requests for public information from that
requestor during the applicable monthly or yearly period. The
amount of time spent preparing the written statement may not be
included in the amount of time included in the statement provided to
the requestor under this subsection unless the requestor's time
limit for the period has been exceeded.
(g) If a governmental body provides a requestor with a [the]
written statement under Subsection (e) or (o) and the time limits
prescribed by Subsection (a) regarding the requestor have been
exceeded, the governmental body is not required to produce public
information for inspection or duplication or to provide copies of
public information in response to the requestor's request unless on
or before the 10th day after the date the governmental body provided
the written statement under that subsection, the requestor submits
payment of the amount stated in the written statement provided
under Subsection (e) or provides identification or submits payment
as required by Subsection (o), as applicable.
(h) If the requestor fails or refuses to provide
identification or submit payment under Subsection (g), the
requestor is considered to have withdrawn the requestor's pending
request for public information.
(n) A governmental body may request photo identification
from a requestor for the sole purpose of establishing that the
requestor has not:
(1) exceeded a limit established by the governmental
body under Subsection (a); and
(2) concealed the requestor's identity.
(o) A request for photo identification under Subsection (n)
must include a statement under Subsection (e) applicable to the
requestor who has exceeded a limit established by the governmental
body and a statement that describes each specific reason why
Subsection (n) may apply to the requestor. The governmental body
shall accept as proof of a requestor's identification physical
presentment of photo identification or an image of the photo
identification that is transmitted electronically or through the
mail. A requestor from whom a governmental body has requested photo
identification under Subsection (n) may decline to provide
identification and obtain the requested information by paying the
charge assessed in the statement.
SECTION 9. Subchapter G, Chapter 552, Government Code, is
amended by adding Section 552.3031 to read as follows:
Sec. 552.3031. ELECTRONIC SUBMISSION OF REQUEST FOR
ATTORNEY GENERAL DECISION. (a) This section does not apply to a
request for an attorney general decision made under this subchapter
if:
(1) the governmental body requesting the decision:
(A) has fewer than 16 full-time employees; or
(B) is located in a county with a population of
less than 150,000;
(2) the amount or format of responsive information at
issue in a particular request makes use of the attorney general's
electronic filing system impractical or impossible; or
(3) the request is hand delivered to the office of the
attorney general.
(b) A governmental body that requests an attorney general
decision under this subchapter must submit the request through the
attorney general's designated electronic filing system.
(c) The attorney general may adopt rules necessary to
implement this section, including rules that define the amount or
type of formatting of information described by Subsection (a)(2)
that makes use of the electronic filing system impractical or
impossible.
SECTION 10. Section 552.306, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) A governmental body shall as soon as practicable but
within a reasonable period of time after the date the attorney
general issues an opinion under Subsection (b) regarding
information requested under this chapter:
(1) provide the requestor of the information an
itemized estimate of charges for production of the information if
the estimate is required by Section 552.2615;
(2) if the requested information is voluminous:
(A) take the following actions if the
governmental body determines that it is able to disclose the
information in a single batch:
(i) provide a written certified notice to
the requestor and the attorney general that it is impractical or
impossible for the governmental body to produce the information
within a reasonable period of time;
(ii) include in the notice the date and hour
that the governmental body will disclose the information to the
requestor, which may not be later than the 15th business day after
the date the governmental body provides the notice; and
(iii) produce the information at the date
and time included in the notice; or
(B) take the following actions if the
governmental body determines that it is unable to disclose the
information in a single batch:
(i) provide a written certified notice to
the requestor and the attorney general that it is impractical or
impossible for the governmental body to produce the information
within a reasonable period of time and in a single batch;
(ii) include in the notice the date and hour
that the governmental body will disclose the first batch of
information to the requestor, which may not be later than the 15th
business day after the date the governmental body provides the
notice;
(iii) provide a written certified notice to
the requestor and the attorney general when each subsequent batch
of information is disclosed to the requestor of the date and hour
that the governmental body will disclose the next batch of
information to the requestor, which may not be later than the 15th
business day after the date the governmental body provides the
notice; and
(iv) produce the requested information at
each date and time included in a notice;
(3) produce the information if it is required to be
produced;
(4) notify the requestor in writing that the
governmental body is withholding the information as authorized by
the opinion; or
(5) notify the requestor in writing that the
governmental body has filed suit against the attorney general under
Section 552.324 regarding the information.
(d) A governmental body is presumed to have complied with
the requirements of Subsection (c) if the governmental body takes
an action under that subsection regarding information that is the
subject of an opinion issued by the attorney general not later than
the 30th day after the date the attorney general issues the opinion.
SECTION 11. Section 552.308, Government Code, is amended to
read as follows:
Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL,
INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as
provided by Section 552.3031, when [When] this subchapter requires
a request, notice, or other document to be submitted or otherwise
given to a person within a specified period, the requirement is met
in a timely fashion if the document is sent to the person by first
class United States mail or common or contract carrier properly
addressed with postage or handling charges prepaid and:
(1) it bears a post office cancellation mark or a
receipt mark of a common or contract carrier indicating a time
within that period; or
(2) the person required to submit or otherwise give
the document furnishes satisfactory proof that it was deposited in
the mail or with a common or contract carrier within that period.
(b) Except as provided by Section 552.3031, when [When] this
subchapter requires an agency of this state to submit or otherwise
give to the attorney general within a specified period a request,
notice, or other writing, the requirement is met in a timely fashion
if:
(1) the request, notice, or other writing is sent to
the attorney general by interagency mail; and
(2) the agency provides evidence sufficient to
establish that the request, notice, or other writing was deposited
in the interagency mail within that period.
SECTION 12. Subchapter G, Chapter 552, Government Code, is
amended by adding Section 552.310 to read as follows:
Sec. 552.310. SEARCHABLE DATABASE. (a) The office of the
attorney general shall make available on the office's Internet
website an easily accessible and searchable database consisting of:
(1) information identifying each request for an
attorney general decision made under this subchapter; and
(2) the attorney general's opinion issued for the
request.
(b) The database at a minimum must allow a person to search
for a request or opinion described by Subsection (a) by:
(1) the name of the governmental body making the
request; and
(2) the exception under Subchapter C that a
governmental body asserts in the request applies to its request to
withhold information from public disclosure.
(c) The database must allow a person to view the current
status of a request described by Subsection (a)(1) and an estimated
timeline indicating the date each stage of review of the request
will be started and completed.
SECTION 13. The changes in law made by this Act to Sections
552.103, 552.271, 552.272, and 552.275, Government Code, apply only
to a request for information that is received by a governmental body
or an officer for public information on or after the effective date
of this Act. A request for information that was received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 14. Section 552.3031, Government Code, as added by
this Act, and Section 552.306, Government Code, as amended by this
Act, apply to a request for an attorney general decision made under
Subchapter G, Chapter 552, of that code on or after the effective
date of this Act. A request for an attorney general decision made
before the effective date of this Act is governed by the law in
effect on the date the request was made, and the former law is
continued in effect for that purpose.
SECTION 15. As soon as practicable, but not later than
January 1, 2024, the office of the attorney general shall make the
database required by Section 552.310, Government Code, as added by
this Act, available on the office's Internet website.
SECTION 16. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3033 was passed by the House on May 6,
2023, by the following vote: Yeas 134, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3033 on May 26, 2023, by the following vote: Yeas 133, Nays 1,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3033 was passed by the Senate, with
amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor