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
A BILL TO BE ENTITLED
AN ACT
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, [OR] INJUNCTIVE
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, [or] injunctive
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.
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