81R12960 CS-F
By: Ortiz, Jr. H.B. No. 3522
A BILL TO BE ENTITLED
AN ACT
relating to the open records steering committee, reports by the
attorney general on costs of copies, and certain deadlines, costs,
and suits filed under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 552.009, Government Code,
is amended to read as follows:
Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO
ATTORNEY GENERAL [COMMISSION]; ELECTRONIC AVAILABILITY OF PUBLIC
INFORMATION.
SECTION 2. Section 552.263(a), Government Code, is amended
to read as follows:
(a) An officer for public information or the officer's agent
may require a deposit or bond for payment of anticipated costs for
the preparation of a copy of public information if:
(1) the officer for public information or the
officer's agent has provided the requestor with the [required]
written itemized statement required under Section 552.2615
detailing the estimated charge for providing the copy; and
(2) [if] the charge for providing the copy of the
public information specifically requested by the requestor is
estimated by the governmental body to exceed:
(A) [(1)] $100, if the governmental body has more
than 15 full-time employees; or
(B) [(2)] $50, if the governmental body has fewer
than 16 full-time employees.
SECTION 3. Section 552.274(a), Government Code, as amended
by Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th
Legislature, Regular Session, 2005, is reenacted to read as
follows:
(a) The attorney general shall:
(1) biennially update a report prepared by the
attorney general about the charges made by state agencies for
providing copies of public information; and
(2) provide a copy of the updated report on the
attorney general's open records page on the Internet not later than
March 1 of each even-numbered year.
SECTION 4. Section 552.301(e-1), Government Code, is
amended to read as follows:
(e-1) A governmental body that submits written comments to
the attorney general under Subsection (e)(1)(A) shall send a copy
of those comments to the person who requested the information from
the governmental body not later than the 15th business day after the
date of receiving the written request. If the written comments
disclose or contain the substance of the information requested, the
copy of the comments provided to the person must be a redacted copy.
SECTION 5. Section 552.323(b), Government Code, is amended
to read as follows:
(b) In an action brought under Section 552.324
[552.353(b)(3)], the court may assess costs of litigation and
reasonable attorney's fees incurred by a plaintiff or defendant who
substantially prevails. In exercising its discretion under this
subsection, the court shall consider whether the conduct of [the
officer for public information of] the governmental body had a
reasonable basis in law and whether the litigation was brought in
good faith.
SECTION 6. Section 552.324, Government Code, is amended to
read as follows:
Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only
suit a governmental body [or officer for public information] may
file seeking to withhold information from a requestor is a suit
that:
(1) is filed in a Travis County district court against
the attorney general in accordance with Section [Sections] 552.325;
[and 552.353] and
(2) seeks declaratory relief from compliance with
[that challenges] a decision by the attorney general issued under
Subchapter G.
(b) The governmental body must bring the suit not later than
the 30th calendar day after the date the governmental body receives
the decision of the attorney general determining that the requested
information must be disclosed to the requestor [being challenged].
If the governmental body does not bring suit within that period, the
governmental body shall comply with the decision of the attorney
general. If a governmental body wishes to preserve an affirmative
defense for its officer for public information as provided in
Section 552.353(b)(3), suit must be filed within the deadline
provided in Section 552.353(b)(3) [This subsection does not affect
the earlier deadline for purposes of Section 552.353(b)(3) for a
suit brought by an officer for public information].
SECTION 7. Section 552.325(b), Government Code, is amended
to read as follows:
(b) The governmental body, officer for public information,
or other person or entity that files the suit shall demonstrate to
the court that the governmental body, officer for public
information, or other person or entity made a timely good faith
effort to inform the requestor, by certified mail or by another
written method of notice that requires the return of a receipt, of:
(1) the existence of the suit, including the subject
matter and cause number of the suit and the court in which the suit
is filed;
(2) the requestor's right to intervene in the suit or
to choose to not participate in the suit;
(3) the fact that the suit is against the attorney
general in Travis County district court; and
(4) the address and phone number of the office of the
attorney general.
SECTION 8. Sections 552.353(b) and (c), Government Code,
are amended to read as follows:
(b) It is an affirmative defense to prosecution under
Subsection (a) that the officer for public information reasonably
believed that public access to the requested information was not
required and that [the officer]:
(1) the officer acted in reasonable reliance on a
court order or a written interpretation of this chapter contained
in an opinion of a court of record or of the attorney general issued
under Subchapter G;
(2) the officer requested a decision from the attorney
general in accordance with Subchapter G, and the decision is
pending; or
(3) not later than the 10th calendar day after the date
of receipt of a decision by the attorney general that the
information is public, the governmental body for whom the defendant
is the officer for public information filed a petition for a
declaratory judgment[, a writ of mandamus, or both,] against the
attorney general in a Travis County district court seeking relief
from compliance with the decision of the attorney general, as
provided by Section 552.324, and the cause [a petition] is pending.
(c) It is an affirmative defense to prosecution under
Subsection (a) that the officer for public information or another
[a] person or entity has, not later than the 10th calendar day after
the date of receipt by a governmental body of a decision by the
attorney general that the information is public, filed a cause of
action seeking relief from compliance with the decision of the
attorney general, as provided by Section 552.325, and the cause is
pending.
SECTION 9. This Act takes effect September 1, 2009.