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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain litigation, law enforcement, |
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corrections, and prosecutorial records under the public |
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information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.103(c), Government Code, is amended |
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to read as follows: |
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(c) Information relating to litigation involving a |
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governmental body or an officer or employee of a governmental body |
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is excepted from disclosure under Subsection (a) only if the |
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litigation is pending or reasonably anticipated on the date that |
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the requestor applies to the officer for public information for |
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access to or duplication of the information. For purposes of this |
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section, litigation is considered reasonably anticipated only if a |
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person with an alleged claim, or that person's attorney, has: |
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(1) threatened in writing to take legal action against |
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the governmental body; or |
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(2) made a written demand for compensation as a result |
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of an alleged claim against the governmental body. |
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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 amended by to read as follows: |
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(d) Information described [The exception to disclosure |
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provided] by Subsection (a)(2) or an internal record or notation |
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described by Subsection (b)(2) is not excepted from the |
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requirements of Section 552.021 in response to a written request |
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for the [does not apply to] information, record, or notation made by |
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[records, or notations if]: |
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(1) a person who is the subject of [described by or |
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depicted in] the information, record, or notation, or the person's |
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attorney [other than a peace officer, is deceased or |
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incapacitated]; or |
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(2) if the person described by Subdivision (1) [each |
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person who is described by or depicted in the information, record, |
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or notation, other than a person who] is deceased, the person's |
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spouse, child, or parent, an administrator of the person's estate, |
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or any of their attorneys [or incapacitated, consents to the |
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release of the information, record, or notation]. |
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SECTION 3. The changes in law made by this Act to Sections |
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552.103 and 552.108, Government Code, apply only to a request for |
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information that is received by a governmental body or an officer or |
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employee of a governmental body on or after the effective date of |
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this Act. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |