By: Rodriguez S.B. No. 602
(In the Senate - Filed February 11, 2011;
February 23, 2011, read first time and referred to Select Committee
on Open Government; April 12, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 3, Nays
0; April 12, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 602 By: Davis
A BILL TO BE ENTITLED
AN ACT
relating to allowing a governmental body to redact certain personal
information under the public information law without the necessity
of requesting a decision from the attorney general and the
calculation of certain deadlines under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.130, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) Subject to Chapter 730, Transportation Code, a
governmental body may redact information described by Subsections
(a)(1) and (3) from any information the governmental body discloses
under Section 552.021 without the necessity of requesting a
decision from the attorney general under Subchapter G.
(d) If, under Subsection (c), a governmental body redacts or
withholds information without requesting a decision from the
attorney general about whether the information may be redacted or
withheld, the requestor is entitled to seek a decision from the
attorney general about the matter. The attorney general by rule
shall establish procedures and deadlines for receiving information
necessary to decide the matter and briefs from the requestor, the
governmental body, and any other interested person. The attorney
general shall promptly render a decision requested under this
subsection, determining whether the redacted or withheld
information was excepted from required disclosure to the requestor,
not later than the 45th business day after the date the attorney
general received the request for a decision under this subsection.
The attorney general shall issue a written decision on the matter
and provide a copy of the decision to the requestor, the
governmental body, and any interested person who submitted
necessary information or a brief to the attorney general about the
matter. The requestor or the governmental body may appeal a
decision of the attorney general under this subsection to a Travis
County district court.
(e) A governmental body that redacts or withholds
information under Subsection (c) shall provide the following
information to the requestor on a form prescribed by the attorney
general:
(1) a description of the redacted or withheld
information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek
a decision from the attorney general regarding whether the redacted
or withheld information is excepted from required disclosure.
SECTION 2. Section 552.136, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) A governmental body may redact information that must be
withheld under Subsection (b) from any information the governmental
body discloses under Section 552.021 without the necessity of
requesting a decision from the attorney general under Subchapter G.
(d) If, under Subsection (c), a governmental body redacts or
withholds information without requesting a decision from the
attorney general about whether the information may be redacted or
withheld, the requestor is entitled to seek a decision from the
attorney general about the matter. The attorney general by rule
shall establish procedures and deadlines for receiving information
necessary to decide the matter and briefs from the requestor, the
governmental body, and any other interested person. The attorney
general shall promptly render a decision requested under this
subsection, determining whether the redacted or withheld
information was excepted from required disclosure to the requestor,
not later than the 45th business day after the date the attorney
general received the request for a decision under this subsection.
The attorney general shall issue a written decision on the matter
and provide a copy of the decision to the requestor, the
governmental body, and any interested person who submitted
necessary information or a brief to the attorney general about the
matter. The requestor or the governmental body may appeal a
decision of the attorney general under this subsection to a Travis
County district court.
(e) A governmental body that redacts or withholds
information under Subsection (c) shall provide the following
information to the requestor on a form prescribed by the attorney
general:
(1) a description of the redacted or withheld
information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek
a decision from the attorney general regarding whether the redacted
or withheld information is excepted from required disclosure.
SECTION 3. Section 552.263, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) If a requestor modifies the request in response to the
requirement of a deposit or bond authorized by this section, the
modified request is considered a separate request for the purposes
of this chapter and is considered received on the date the
governmental body receives the written modified request.
SECTION 4. Section 552.301, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) For the purposes of this subchapter, if a governmental
body receives a written request by United States mail and cannot
adequately establish the actual date on which the governmental body
received the request, the written request is considered to have
been received by the governmental body on the third business day
after the date of the postmark on a properly addressed request.
SECTION 5. The changes in law made by this Act to Sections
552.263 and 552.301, Government Code, 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.
A request for information that was received before the effective
date of this Act is governed by the law in effect on the date the
request was received, and the former law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2011.
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