Bill Text: TX SB44 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a governmental body's response to a request for public information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Business & Commerce [SB44 Detail]
Download: Texas-2023-SB44-Introduced.html
| 88R717 SGM-F | ||
| By: Zaffirini | S.B. No. 44 | |
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| relating to a governmental body's response to a request for public | ||
| information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 552.221, Government Code, is amended by | ||
| adding Subsections (f) and (g) to read as follows: | ||
| (f) If the governmental body determines it has no | ||
| information responsive to a request for information, the officer | ||
| for public information shall notify the requestor in writing not | ||
| later than the 10th business day after the date the request is | ||
| received. | ||
| (g) If a governmental body determines the requested | ||
| information is subject to a previous determination that permits or | ||
| requires the governmental body to withhold the requested | ||
| information, the officer for public information shall, not later | ||
| than the 10th business day after the date the request is received: | ||
| (1) notify the requestor in writing that the | ||
| information is being withheld; and | ||
| (2) identify in the notice the specific previous | ||
| determination the governmental body is relying on to withhold the | ||
| requested information. | ||
| SECTION 2. Section 552.301(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) The governmental body must ask for the attorney | ||
| general's decision and state the specific exceptions that apply | ||
| within a reasonable time but not later than the 10th business day | ||
| after the date of receiving the written request. | ||
| SECTION 3. The heading to Subchapter H, Chapter 552, | ||
| Government Code, is amended to read as follows: | ||
| SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT | ||
| SECTION 4. Subchapter H, Chapter 552, Government Code, is | ||
| amended by adding Section 552.328 to read as follows: | ||
| Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a | ||
| governmental body fails to respond to a requestor as required by | ||
| Section 552.221, the requestor may send a written complaint to the | ||
| attorney general. | ||
| (b) The complaint must include: | ||
| (1) the original request for information; and | ||
| (2) any correspondence received from the governmental | ||
| body in response to the request. | ||
| (c) If the attorney general determines the governmental | ||
| body improperly failed to comply with Section 552.221 in connection | ||
| with a request for which a complaint is made under this section: | ||
| (1) the attorney general shall notify the governmental | ||
| body in writing and require the governmental body to complete open | ||
| records training not later than six months after receiving the | ||
| notification; | ||
| (2) the governmental body may not assess costs to the | ||
| requestor for producing information in response to the request; and | ||
| (3) if the governmental body seeks to withhold | ||
| information in response to the request, the governmental body must: | ||
| (A) request an attorney general decision under | ||
| Section 552.301 not later than the fifth business day after the date | ||
| the governmental body receives the notification under Subdivision | ||
| (1); and | ||
| (B) release the requested information unless | ||
| there is a compelling reason to withhold the information. | ||
| SECTION 5. The changes in law made by this Act 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. | ||
| SECTION 6. This Act takes effect September 1, 2023. | ||
