Texas 2013 - 83rd Regular

Texas Senate Bill SB1563 Compare Versions

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Old	New	Differences
1	1	By: Ellis S.B. No. 1563
2	2	(Hunter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the definition of and access to public information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 552.002, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA
12	12	CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public
13	13	information" means information that is written, produced,
14	14	collected, assembled, or maintained under a law or ordinance or in
15	15	connection with the transaction of official business:
16	16	(1) by a governmental body; [or]
17	17	(2) for a governmental body and the governmental body:
18	18	(A) owns the information; [or]
19	19	(B) has a right of access to the information; or
20	20	(C) spends or contributes public money for the
21	21	purpose of writing, producing, collecting, assembling, or
22	22	maintaining the information; or
23	23	(3) by an individual officer or employee of a
24	24	governmental body in the officer's or employee's official capacity
25	25	and the information pertains to official business of the
26	26	governmental body [it].
27	27	(a-1) Information is in connection with the transaction of
28	28	official business if the information is created by, transmitted to,
29	29	received by, or maintained by an officer or employee of the
30	30	governmental body in the officer's or employee's official capacity,
31	31	or a person or entity performing official business or a
32	32	governmental function on behalf of a governmental body, and
33	33	pertains to official business of the governmental body.
34	34	(a-2) The definition of "public information" provided by
35	35	Subsection (a) applies to and includes any electronic communication
36	36	created, transmitted, received, or maintained on any device if the
37	37	communication is in connection with the transaction of official
38	38	business.
39	39	(b) The media on which public information is recorded
40	40	include:
41	41	(1) paper;
42	42	(2) film;
43	43	(3) a magnetic, optical, [or] solid state, or other
44	44	device that can store an electronic signal;
45	45	(4) tape;
46	46	(5) Mylar; and
47	47	(6) any physical material on which information may be
48	48	recorded, including linen,[;
49	49	[(7)] silk,[;] and
50	50	[(8)] vellum.
51	51	(c) The general forms in which the media containing public
52	52	information exist include a book, paper, letter, document, e-mail,
53	53	Internet posting, text message, instant message, other electronic
54	54	communication, printout, photograph, film, tape, microfiche,
55	55	microfilm, photostat, sound recording, map, and drawing and a
56	56	voice, data, or video representation held in computer memory.
57	57	SECTION 2. Section 552.003, Government Code, is amended by
58	58	adding Subdivision (2-a) to read as follows:
59	59	(2-a) "Official business" means any matter over which a
60	60	governmental body has or seeks to have any authority,
61	61	administrative duties, or advisory duties.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2013.
67	67	COMMITTEE AMENDMENT NO. 1
68	68	Amend S.B. No. 1563 (senate engrossment) by striking SECTION
69	69	2 of the bill on page 3, lines 1 through 5, and renumbering
70	70	subsequent SECTIONS of the bill accordingly.
71	71	Harper-Brown