Bill Text: TX SB1294 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to compliance with the public information law, including establishment of an open records hotline to provide information about the requirements of the public information law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-28 - Referred to Business & Commerce [SB1294 Detail]
Download: Texas-2025-SB1294-Introduced.html
89R3587 GP-F | ||
By: Johnson | S.B. No. 1294 |
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relating to compliance with the public information law, including | ||
establishment of an open records hotline to provide information | ||
about the requirements of 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 552.013 to read as follows: | ||
Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general | ||
shall operate an open records hotline that a member of the public or | ||
an employee or officer of a governmental body may access by calling | ||
a toll-free telephone number to ask any question regarding the | ||
requirements of this chapter, including the proper procedure to | ||
request information from a governmental body and for a governing | ||
body to comply with this chapter. The attorney general shall | ||
respond to the caller's questions as the attorney general considers | ||
appropriate to promote compliance with this chapter. | ||
SECTION 2. Subchapter E, Chapter 552, Government Code, is | ||
amended by adding Section 552.236 to read as follows: | ||
Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION. | ||
(a) A person who has requested public information from a | ||
governmental body under this chapter and believes that the | ||
governmental body has failed to provide the information in | ||
compliance with this chapter may file a written complaint with the | ||
attorney general. | ||
(b) A person filing a complaint under this section must | ||
include with the complaint: | ||
(1) the original request for information that is the | ||
subject of the complaint; | ||
(2) any correspondence received from the governmental | ||
body that is the subject of the complaint in response to the | ||
request; and | ||
(3) a statement setting forth how the complainant | ||
believes that the governmental body has failed to comply with the | ||
requirements of this chapter. | ||
(c) The attorney general may submit written questions | ||
regarding the complaint to the governmental body that is the | ||
subject of the complaint. The governmental body shall respond in | ||
writing to the questions not later than the fifth business day after | ||
the date the questions are received by the governmental body. | ||
(d) The attorney general shall review each complaint filed | ||
under this section and issue a written response to both the | ||
complainant and the governmental body that is the subject of the | ||
complaint not later than the 20th business day after the date the | ||
complaint is filed with the attorney general. | ||
SECTION 3. Section 552.269(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person who believes the person has been overcharged | ||
for being provided with a copy of public information may complain to | ||
the attorney general in writing of the alleged overcharge, setting | ||
forth the reasons why the person believes the charges are | ||
excessive. The attorney general shall review the complaint and | ||
make a determination in writing not later than the 10th business day | ||
after the date the complaint is received by the attorney general as | ||
to the appropriate charge for providing the copy of the requested | ||
information. The governmental body shall respond to the attorney | ||
general to any written questions asked of the governmental body by | ||
the attorney general regarding the charges for providing the copy | ||
of the public information. The response must be made to the | ||
attorney general not later than the fifth [ |
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governmental body. If the attorney general determines that a | ||
governmental body has overcharged for providing the copy of | ||
requested public information, the governmental body shall promptly | ||
adjust its charges in accordance with the determination of the | ||
attorney general. | ||
SECTION 4. Section 552.269(a), Government Code, as amended | ||
by this Act, applies only to a complaint made to the office of the | ||
attorney general under that subsection on or after the effective | ||
date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2025. |