Bill Text: TX SB677 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the enforcement of the public information law; providing for the imposition of a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-23 - Not again placed on intent calendar [SB677 Detail]
Download: Texas-2011-SB677-Comm_Sub.html
| By: Gallegos | S.B. No. 677 | |
| (In the Senate - Filed February 14, 2011; February 23, 2011, | ||
| read first time and referred to Select Committee on Open | ||
| Government; May 13, 2011, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 3, Nays 2; | ||
| May 13, 2011, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 677 | By: Eltife | |
|
|
||
|
|
||
| relating to the enforcement of the public information law; | ||
| providing for the imposition of a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 552.3215, Government | ||
| Code, is amended to read as follows: | ||
| Sec. 552.3215. DECLARATORY JUDGMENT, [ |
||
| RELIEF, OR CIVIL PENALTY. | ||
| SECTION 2. Section 552.3215, Government Code, is amended by | ||
| amending Subsection (b) and adding Subsections (b-1), (b-2), and | ||
| (l) to read as follows: | ||
| (b) An action for a declaratory judgment, [ |
||
| relief, or a civil penalty may be brought in accordance with this | ||
| section against a governmental body that violates this chapter. | ||
| (b-1) A governmental body that violates this chapter is | ||
| subject to a civil penalty not to exceed $500 for each written | ||
| request for public information to which the governmental body's | ||
| violation applies. An action for a civil penalty in connection with | ||
| a particular written request for public information may be brought | ||
| only if: | ||
| (1) the requestor notifies the governmental body in | ||
| writing that the requestor considers the governmental body to be in | ||
| violation of a specific provision of this chapter; and | ||
| (2) the governmental body has not remedied the | ||
| violation or taken reasonable steps to remedy the violation before | ||
| the 10th day after the date on which the governmental body receives | ||
| the notification under Subdivision (1). | ||
| (b-2) A governmental body is subject to an additional civil | ||
| penalty not to exceed $100 for each day the violation continues | ||
| after the last day under Subsection (b-1)(2) on which the | ||
| governmental body may avoid a civil penalty by remedying or taking | ||
| reasonable steps to remedy the violation. | ||
| (l) A civil penalty collected under this section shall be | ||
| deposited in the state treasury to the credit of the general revenue | ||
| fund. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| * * * * * | ||
