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A BILL TO BE ENTITLED
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AN ACT
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relating to an expedited response by a governmental body to a |
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request for public information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.2615(g), Government Code, is amended |
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to read as follows: |
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(g) The time deadlines imposed by this section do not affect |
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the application of a time deadline imposed on a governmental body |
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under Subchapter G or K. |
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SECTION 2. Section 552.263(e), Government Code, is amended |
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to read as follows: |
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(e) For purposes of Subchapters F, [and] G, and K, a request |
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for a copy of public information is considered to have been received |
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by a governmental body on the date the governmental body receives |
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the deposit or bond for payment of anticipated costs or unpaid |
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amounts if the governmental body's officer for public information |
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or the officer's agent requires a deposit or bond in accordance with |
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this section. |
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SECTION 3. Section 552.302, Government Code, is amended to |
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read as follows: |
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Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY |
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GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a |
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governmental body does not request an attorney general decision as |
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provided by Section 552.301 or in response to an appeal under |
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Subchapter K and provide the requestor with the information |
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required by Sections 552.301(d) and (e-1) or Section 552.405(b), |
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the information requested in writing is presumed to be subject to |
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required public disclosure and must be released unless there is a |
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compelling reason to withhold the information. |
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SECTION 4. Section 552.321(a), Government Code, is amended |
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to read as follows: |
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(a) A requestor or the attorney general may file suit for a |
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writ of mandamus compelling a governmental body to make information |
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available for public inspection if the governmental body refuses to |
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request an attorney general's decision as provided by Subchapter G |
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or Section 552.405 or refuses to supply public information or |
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information that the attorney general has determined is public |
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information that is not excepted from disclosure under Subchapter |
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C. |
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SECTION 5. Section 552.352, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) It is an affirmative defense to prosecution under |
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Subsection (a) that the defendant released information under |
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Subchapter K and did not release confidential information |
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intentionally, as defined by Section 6.03, Penal Code. |
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SECTION 6. Section 552.353(b), Government Code, is amended |
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to read as follows: |
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(b) It is an affirmative defense to prosecution under |
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Subsection (a) that the officer for public information reasonably |
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believed that public access to the requested information was not |
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required and that: |
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(1) the officer acted in reasonable reliance on a |
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court order or a written interpretation of this chapter contained |
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in an opinion of a court of record or of the attorney general issued |
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under Subchapter G; |
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(2) the officer requested a decision from the attorney |
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general in accordance with Subchapter G or Section 552.405, and the |
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decision is pending; or |
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(3) not later than the 10th calendar day after the date |
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of receipt of a decision by the attorney general that the |
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information is public, the officer or the governmental body for |
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whom the defendant is the officer for public information filed a |
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petition for a declaratory judgment against the attorney general in |
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a Travis County district court seeking relief from compliance with |
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the decision of the attorney general, as provided by Section |
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552.324, and the cause is pending. |
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SECTION 7. Chapter 552, Government Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE |
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Sec. 552.401. APPLICABILITY. (a) This subchapter does not |
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apply to a request for information that may involve a person's |
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privacy or property interest under Section 552.305. |
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(b) This subchapter applies to a governmental body only if: |
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(1) the governmental body's officer for public |
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information or the officer's designee holds an active training |
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certificate issued under Section 552.406; and |
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(2) the governmental body's authorization to respond |
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to a request for information under this subchapter is not revoked |
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under Section 552.407 on the date the request is received. |
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Sec. 552.402. REQUEST FOR ATTORNEY GENERAL DECISION NOT |
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REQUIRED. Subject to Section 552.404, a governmental body that |
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receives a written request for information and complies with the |
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requirements of this subchapter may withhold any information it |
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makes a good faith determination is excepted from required public |
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disclosure under this chapter without the necessity of requesting a |
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decision from the attorney general under Subchapter G. |
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Sec. 552.403. RESPONSE REQUIREMENTS. (a) A governmental |
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body that withholds information under this subchapter must respond |
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to the requestor not later than the 10th business day after the date |
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the governmental body receives a written request for that |
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information by providing the requestor with: |
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(1) a list of the exceptions under Subchapter C and, if |
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applicable, the judicial decisions or constitutional or statutory |
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laws the governmental body determines are applicable to the |
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information being withheld; |
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(2) all information the governmental body determines |
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is not excepted from disclosure, including, if applicable, |
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partially redacted information with the redacted portions clearly |
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marked and labeled with the exceptions the governmental body relied |
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on to redact the information; |
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(3) a description of the volume and type of |
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information withheld; and |
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(4) a notice form promulgated by the attorney general |
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that includes, at a minimum: |
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(A) a unique identification number assigned by |
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the governmental body; |
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(B) a description of the appeal procedure; |
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(C) an appeal form the requestor must use to |
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appeal the withholding of information under this subchapter; |
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(D) a reference to the requestor's rights under |
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this chapter; |
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(E) the name of the individual who has received |
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training under Section 552.406; and |
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(F) a confirmation from the individual named in |
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Paragraph (E) that the individual reviewed and approved the |
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response. |
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(b) The governmental body shall retain, at a minimum, an |
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electronic or paper copy of the notice it provides to the requestor |
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under Subsection (a)(4) for the length of time the governmental |
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body retains the request for information. |
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Sec. 552.404. APPEAL. (a) On receipt of a response by a |
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governmental body under Section 552.403, the requestor may appeal |
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the withholding of information in the response not later than the |
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30th calendar day after the date the requestor receives the |
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response. |
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(b) The requestor must submit the appeal to the governmental |
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body that responded under Section 552.403 on the appeal form |
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provided to the requestor under Section 552.403(a)(4). |
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(c) The appeal is considered a new request and is subject to |
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the procedural requirements of Section 552.405. |
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(d) A governmental body may not seek to narrow or clarify an |
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appeal made under this section under Section 552.222(b). |
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(e) A governmental body may not respond to a requestor under |
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Section 552.232 in response to an appeal made under this section. |
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(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f), |
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552.130(c), 552.136(c), and 552.138(c), a governmental body must |
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request an attorney general decision to withhold information |
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described by those provisions in response to an appeal. |
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Sec. 552.405. REQUEST FOR ATTORNEY GENERAL DECISION IN |
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RESPONSE TO APPEAL. (a) Except as provided by this subchapter: |
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(1) an appeal made under Section 552.404 is subject to |
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the provisions of this chapter; and |
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(2) an attorney general's decision requested under |
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this section is considered to be a decision under Subchapter G. |
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(b) A governmental body that receives an appeal under |
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Section 552.404 shall, within a reasonable time, but not later than |
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the fifth business day after the date the governmental body |
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receives the appeal, submit to the attorney general: |
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(1) a request for an attorney general's decision; |
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(2) a copy of the original written request for |
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information; |
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(3) a signed statement as to the date on which the |
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written response required by Section 552.403 was provided to the |
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requestor, or evidence sufficient to establish that date; |
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(4) a copy of the appeal form received by the |
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governmental body; |
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(5) a signed statement as to the date on which the |
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appeal was received by the governmental body, or evidence |
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sufficient to establish the date; |
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(6) the exceptions that apply and written comments |
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stating the reasons why the stated exceptions apply that would |
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allow the information to be withheld; |
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(7) if the governmental body provided partially |
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redacted information to the requestor in its initial response under |
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Section 552.403, an unredacted copy of the information the |
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governmental body provided to the requestor with the copy clearly |
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marked indicating the released portions and the withheld portions |
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labeled with the exceptions the governmental body relied on to |
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withhold the information; and |
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(8) a copy of the specific information the |
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governmental body seeks to withhold, or representative samples of |
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the information, labeled to indicate which exceptions apply to |
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which parts of the copy. |
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(c) A governmental body that receives an appeal under |
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Section 552.404 shall, within a reasonable time, but not later than |
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the fifth business day after the date the governmental body |
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receives the appeal, send a copy of the comments submitted under |
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Subsection (b)(6) to the requestor. If the written comments |
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disclose or contain the substance of the information requested, the |
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copy of the comments provided to the requestor must be a redacted |
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copy. |
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Sec. 552.406. TRAINING. (a) The public information |
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officer for a governmental body that responds to a request under |
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this subchapter or the officer's designee must have completed in |
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the four years preceding the response a course of training of not |
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less than four hours or more than six hours regarding the |
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responsibilities of the governmental body under this subchapter. |
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(b) The attorney general shall ensure that the training is |
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made available. The attorney general shall maintain at least one |
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updated course of training that is available in an online |
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presentation format. The online training may be broken into |
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separate sections. The online training must provide a means to |
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verify that the trainee observed and comprehended the full online |
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training session or, if applicable, each section of the training. |
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(c) At a minimum, the training must include instruction in: |
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(1) the general background of the legal requirements |
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for the governmental body's use of this subchapter and related law; |
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(2) the applicability of this subchapter to |
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governmental bodies; |
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(3) the procedures and requirements for complying with |
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an appeal under this subchapter; |
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(4) the role of the attorney general under this |
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subchapter; and |
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(5) penalties and other consequences for failing to |
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comply with this subchapter. |
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(d) The office of the attorney general shall provide a |
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certificate to a person who completes the training required by this |
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section and keep records of the training certificates issued. A |
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governmental body shall maintain the training certificate of any |
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individual who provides a confirmation under Section |
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552.403(a)(4)(F) and make the certificate available for public |
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inspection. |
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Sec. 552.407. REVOCATION. (a) If the attorney general |
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determines that a governmental body failed to comply with the |
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requirements of this chapter, the office of the attorney general, |
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in its sole discretion, may revoke the governmental body's |
|
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authorization to respond under this subchapter or the training |
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certificate issued to an individual responsible for the |
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governmental body's failure. |
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(b) The attorney general shall create a notice of revocation |
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form. The attorney general shall inform a governmental body that |
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the attorney general has revoked the governmental body's |
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eligibility under Subsection (a) or an individual that the attorney |
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general has revoked the individual's training certificate by |
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sending the notice of revocation form by certified mail or by |
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another written method of notice that requires the return of a |
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receipt. |
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(c) The notice of revocation provided to a governmental body |
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must inform the governmental body of the length of time the |
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revocation is in effect. The length of time the governmental body's |
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revocation is in effect may not exceed six months from the date the |
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governmental body receives the notice of revocation form. |
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(d) The notice of revocation form provided to an individual |
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must inform the individual that the attorney general has revoked |
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the individual's training certificate under Subsection (a). The |
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individual must repeat the course of training under Section 552.406 |
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to obtain a new training certificate. |
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(e) If an individual is employed by a governmental body when |
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the governmental body's authorization to respond under this |
|
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subchapter is revoked under Subsection (a), and the individual |
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obtains employment at a different governmental body with |
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authorization to respond under this subchapter, the individual may |
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not provide a confirmation under Section 552.403(a)(4)(F) until the |
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revocation period for the initial governmental body has expired. |
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(f) The office of the attorney general shall publish on its |
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Internet website: |
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(1) a list that provides the first and last names of |
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individuals who hold an active training certificate issued under |
|
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Section 552.406, the date each individual's training was completed, |
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and the date each individual's training certificate expires; and |
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(2) a list of the governmental bodies that are not |
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authorized to respond to a request under this subchapter because |
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their authorization has been revoked under Subsection (a). |
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Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a) |
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For the state fiscal biennium beginning September 1, 2023, the |
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attorney general shall collect data detailing the number of: |
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(1) requests for decisions in response to appeals the |
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attorney general receives under Section 552.405; |
|
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(2) individuals who complete training under Section |
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552.406; |
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(3) governmental bodies that have their authorization |
|
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to respond under this subchapter revoked under Section 552.407; and |
|
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(4) individuals who have their training certificates |
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revoked under Section 552.407. |
|
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(b) Not later than February 1, 2025, the attorney general |
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shall make the data collected under Subsection (a) available on the |
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attorney general's Internet website for open records. |
|
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(c) This section expires September 1, 2025. |
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SECTION 8. The changes in law made by this Act apply only to |
|
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a request for information that is received by a governmental body on |
|
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or after the effective date of this Act. A request for information |
|
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that was received before the effective date of this Act is governed |
|
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by the law that was in effect on the date the request was received, |
|
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and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |
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* * * * * |