Texas 2009 - 81st Regular

Texas House Bill HB3522 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12960 CS-F
2	2	By: Ortiz, Jr. H.B. No. 3522
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the open records steering committee, reports by the
8	8	attorney general on costs of copies, and certain deadlines, costs,
9	9	and suits filed under the public information law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 552.009, Government Code,
12	12	is amended to read as follows:
13	13	Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO
14	14	ATTORNEY GENERAL [COMMISSION]; ELECTRONIC AVAILABILITY OF PUBLIC
15	15	INFORMATION.
16	16	SECTION 2. Section 552.263(a), Government Code, is amended
17	17	to read as follows:
18	18	(a) An officer for public information or the officer's agent
19	19	may require a deposit or bond for payment of anticipated costs for
20	20	the preparation of a copy of public information if:
21	21	(1) the officer for public information or the
22	22	officer's agent has provided the requestor with the [required]
23	23	written itemized statement required under Section 552.2615
24	24	detailing the estimated charge for providing the copy; and
25	25	(2) [if] the charge for providing the copy of the
26	26	public information specifically requested by the requestor is
27	27	estimated by the governmental body to exceed:
28	28	(A) [(1)] $100, if the governmental body has more
29	29	than 15 full-time employees; or
30	30	(B) [(2)] $50, if the governmental body has fewer
31	31	than 16 full-time employees.
32	32	SECTION 3. Section 552.274(a), Government Code, as amended
33	33	by Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th
34	34	Legislature, Regular Session, 2005, is reenacted to read as
35	35	follows:
36	36	(a) The attorney general shall:
37	37	(1) biennially update a report prepared by the
38	38	attorney general about the charges made by state agencies for
39	39	providing copies of public information; and
40	40	(2) provide a copy of the updated report on the
41	41	attorney general's open records page on the Internet not later than
42	42	March 1 of each even-numbered year.
43	43	SECTION 4. Section 552.301(e-1), Government Code, is
44	44	amended to read as follows:
45	45	(e-1) A governmental body that submits written comments to
46	46	the attorney general under Subsection (e)(1)(A) shall send a copy
47	47	of those comments to the person who requested the information from
48	48	the governmental body not later than the 15th business day after the
49	49	date of receiving the written request. If the written comments
50	50	disclose or contain the substance of the information requested, the
51	51	copy of the comments provided to the person must be a redacted copy.
52	52	SECTION 5. Section 552.323(b), Government Code, is amended
53	53	to read as follows:
54	54	(b) In an action brought under Section 552.324
55	55	[552.353(b)(3)], the court may assess costs of litigation and
56	56	reasonable attorney's fees incurred by a plaintiff or defendant who
57	57	substantially prevails. In exercising its discretion under this
58	58	subsection, the court shall consider whether the conduct of [the
59	59	officer for public information of] the governmental body had a
60	60	reasonable basis in law and whether the litigation was brought in
61	61	good faith.
62	62	SECTION 6. Section 552.324, Government Code, is amended to
63	63	read as follows:
64	64	Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only
65	65	suit a governmental body [or officer for public information] may
66	66	file seeking to withhold information from a requestor is a suit
67	67	that:
68	68	(1) is filed in a Travis County district court against
69	69	the attorney general in accordance with Section [Sections] 552.325;
70	70	[and 552.353] and
71	71	(2) seeks declaratory relief from compliance with
72	72	[that challenges] a decision by the attorney general issued under
73	73	Subchapter G.
74	74	(b) The governmental body must bring the suit not later than
75	75	the 30th calendar day after the date the governmental body receives
76	76	the decision of the attorney general determining that the requested
77	77	information must be disclosed to the requestor [being challenged].
78	78	If the governmental body does not bring suit within that period, the
79	79	governmental body shall comply with the decision of the attorney
80	80	general. If a governmental body wishes to preserve an affirmative
81	81	defense for its officer for public information as provided in
82	82	Section 552.353(b)(3), suit must be filed within the deadline
83	83	provided in Section 552.353(b)(3) [This subsection does not affect
84	84	the earlier deadline for purposes of Section 552.353(b)(3) for a
85	85	suit brought by an officer for public information].
86	86	SECTION 7. Section 552.325(b), Government Code, is amended
87	87	to read as follows:
88	88	(b) The governmental body, officer for public information,
89	89	or other person or entity that files the suit shall demonstrate to
90	90	the court that the governmental body, officer for public
91	91	information, or other person or entity made a timely good faith
92	92	effort to inform the requestor, by certified mail or by another
93	93	written method of notice that requires the return of a receipt, of:
94	94	(1) the existence of the suit, including the subject
95	95	matter and cause number of the suit and the court in which the suit
96	96	is filed;
97	97	(2) the requestor's right to intervene in the suit or
98	98	to choose to not participate in the suit;
99	99	(3) the fact that the suit is against the attorney
100	100	general in Travis County district court; and
101	101	(4) the address and phone number of the office of the
102	102	attorney general.
103	103	SECTION 8. Sections 552.353(b) and (c), Government Code,
104	104	are amended to read as follows:
105	105	(b) It is an affirmative defense to prosecution under
106	106	Subsection (a) that the officer for public information reasonably
107	107	believed that public access to the requested information was not
108	108	required and that [the officer]:
109	109	(1) the officer acted in reasonable reliance on a
110	110	court order or a written interpretation of this chapter contained
111	111	in an opinion of a court of record or of the attorney general issued
112	112	under Subchapter G;
113	113	(2) the officer requested a decision from the attorney
114	114	general in accordance with Subchapter G, and the decision is
115	115	pending; or
116	116	(3) not later than the 10th calendar day after the date
117	117	of receipt of a decision by the attorney general that the
118	118	information is public, the governmental body for whom the defendant
119	119	is the officer for public information filed a petition for a
120	120	declaratory judgment[, a writ of mandamus, or both,] against the
121	121	attorney general in a Travis County district court seeking relief
122	122	from compliance with the decision of the attorney general, as
123	123	provided by Section 552.324, and the cause [a petition] is pending.
124	124	(c) It is an affirmative defense to prosecution under
125	125	Subsection (a) that the officer for public information or another
126	126	[a] person or entity has, not later than the 10th calendar day after
127	127	the date of receipt by a governmental body of a decision by the
128	128	attorney general that the information is public, filed a cause of
129	129	action seeking relief from compliance with the decision of the
130	130	attorney general, as provided by Section 552.325, and the cause is
131	131	pending.
132	132	SECTION 9. This Act takes effect September 1, 2009.