| 1 | 1 | | By: Ellis S.B. No. 983 |
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| 2 | 2 | | (Harper-Brown) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to in camera review and filing of the information at issue |
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| 8 | 8 | | in a suit filed under the public information law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter H, Chapter 552, Government Code, is |
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| 11 | 11 | | amended by adding Section 552.3221 to read as follows: |
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| 12 | 12 | | Sec. 552.3221. IN CAMERA INSPECTION OF INFORMATION. |
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| 13 | 13 | | (a) In any suit filed under this chapter, the information at issue |
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| 14 | 14 | | may be filed with the court for in camera inspection as is necessary |
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| 15 | 15 | | for the adjudication of the case. |
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| 16 | 16 | | (b) Upon receipt of the information at issue for in camera |
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| 17 | 17 | | inspection, the court shall enter an order that prevents release to |
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| 18 | 18 | | or access by any person other than the court, a reviewing court of |
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| 19 | 19 | | appeals, or parties permitted to inspect the information pursuant |
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| 20 | 20 | | to a protective order. The order shall further note the filing date |
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| 21 | 21 | | and time. |
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| 22 | 22 | | (c) The information at issue filed with the court for in |
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| 23 | 23 | | camera inspection shall be: |
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| 24 | 24 | | (1) appended to the order and transmitted by the court |
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| 25 | 25 | | to the clerk for filing as "information at issue"; |
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| 26 | 26 | | (2) maintained in a sealed envelope or in a manner that |
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| 27 | 27 | | precludes disclosure of the information; and |
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| 28 | 28 | | (3) transmitted by the clerk to any court of appeal as |
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| 29 | 29 | | part of the clerk's record. |
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| 30 | 30 | | (d) Information filed with the court under this section does |
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| 31 | 31 | | not constitute "court records" within the meaning of Rule 76a, |
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| 32 | 32 | | Texas Rules of Civil Procedure, and shall not be made available by |
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| 33 | 33 | | the clerk or any custodian of record for public inspection. |
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| 34 | 34 | | (e) For purposes of this section, "information at issue" is |
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| 35 | 35 | | defined as information held by a governmental body that forms the |
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| 36 | 36 | | basis of a suit under this chapter. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2013. |
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