Texas 2015 - 84th Regular

Texas House Bill HB1764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26248 BEF-F
2	2	By: Hunter H.B. No. 1764
3	3	Substitute the following for H.B. No. 1764:
4	4	By: Elkins C.S.H.B. No. 1764
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to public information in the possession, custody, or
10	10	control of a current or former officer or employee of a governmental
11	11	body; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 552.003, Government Code, is amended by
14	14	adding Subdivision (7) to read as follows:
15	15	(7) "Temporary custodian" means an officer or employee
16	16	of a governmental body who, in the transaction of official
17	17	business, creates or receives public information that the officer
18	18	or employee has not provided to the officer for public information
19	19	of the governmental body or the officer's agent. The term includes
20	20	a former officer or employee of a governmental body who created or
21	21	received public information in the officer's or employee's official
22	22	capacity that has not been provided to the officer for public
23	23	information of the governmental body or the officer's agent.
24	24	SECTION 2. Section 552.203, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
27	27	INFORMATION. Each officer for public information, subject to
28	28	penalties provided in this chapter, shall:
29	29	(1) make public information available for public
30	30	inspection and copying;
31	31	(2) carefully protect public information from
32	32	deterioration, alteration, mutilation, loss, or unlawful removal;
33	33	[and]
34	34	(3) repair, renovate, or rebind public information as
35	35	necessary to maintain it properly; and
36	36	(4) make reasonable efforts to obtain public
37	37	information from a temporary custodian if:
38	38	(A) the information has been requested from the
39	39	governmental body;
40	40	(B) the officer for public information is aware
41	41	of facts sufficient to warrant a reasonable belief that the
42	42	temporary custodian has possession, custody, or control of the
43	43	information;
44	44	(C) the officer for public information is unable
45	45	to comply with the duties imposed by this chapter without obtaining
46	46	the information from the temporary custodian; and
47	47	(D) the temporary custodian has not provided the
48	48	information to the officer for public information of the
49	49	governmental body or the officer's agent.
50	50	SECTION 3. Subchapter E, Chapter 552, Government Code, is
51	51	amended by adding Section 552.234 to read as follows:
52	52	Sec. 552.234. OWNERSHIP OF PUBLIC INFORMATION. (a) A
53	53	current or former officer or employee of a governmental body does
54	54	not have, by virtue of the officer's or employee's position or
55	55	former position, a personal or property right to public information
56	56	the officer or employee created or received while acting in an
57	57	official capacity.
58	58	(b) A temporary custodian with possession, custody, or
59	59	control of public information shall surrender or return the
60	60	information to the governmental body not later than the 10th day
61	61	after the date the officer for public information of the
62	62	governmental body or the officer's agent requests the temporary
63	63	custodian to surrender or return the information.
64	64	(c) If a temporary custodian fails to surrender or return
65	65	public information to a governmental body as required by Subsection
66	66	(b), the officer for public information of the governmental body
67	67	shall, not later than the 10th business day after the deadline to
68	68	surrender or return information under Subsection (b), notify the
69	69	attorney general in writing of the facts related to the failure and
70	70	send a copy of the written notice to the requestor. On receipt of
71	71	written notice from an officer for public information as provided
72	72	by this subsection, the attorney general may sue for an injunction
73	73	or writ of mandamus to compel a temporary custodian with
74	74	possession, custody, or control of public information to surrender
75	75	or return the information as required by Subsection (b). A suit
76	76	filed under this subsection:
77	77	(1) must be filed in a district court for the county in
78	78	which the main offices of the governmental body are located;
79	79	(2) may not proceed, and process may not be issued,
80	80	until the court enters a written finding that the petition sets
81	81	forth facts sufficient to warrant probable cause that the current
82	82	or former officer or employee against whom the action is filed is in
83	83	possession, custody, or control of public information that has not
84	84	been made available to the governmental body that owns the
85	85	information; and
86	86	(3) shall be dismissed, with prejudice except as
87	87	provided by Subsection (e), if the current or former officer or
88	88	employee files an answer containing a general denial supported by a
89	89	sworn affidavit stating the current or former officer or employee
90	90	is not in possession, custody, or control of public information
91	91	responsive to the request at issue.
92	92	(d) The attorney general shall send a copy of a petition
93	93	filed under Subsection (c) to the requestor.
94	94	(e) A suit dismissed under Subsection (c)(3) is dismissed
95	95	without prejudice and may be refiled by the attorney general if the
96	96	current or former officer or employee, in providing the affidavit
97	97	authorized under Subsection (c)(3), engaged in conduct that is an
98	98	offense under Section 37.02 or 37.03, Penal Code, and is arrested,
99	99	charged, or indicted for that offense. Subsection (c)(3) does not
100	100	apply to a suit refiled under this subsection.
101	101	(f) For purposes of the application of Subchapter G to
102	102	information surrendered or returned to a governmental body by a
103	103	temporary custodian under Subsection (b) or as a result of a suit
104	104	under Subsection (c), the governmental body is considered to
105	105	receive the request for that information on the date the
106	106	information is surrendered or returned to the governmental body.
107	107	SECTION 4. The heading to Section 552.353, Government Code,
108	108	is amended to read as follows:
109	109	Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC
110	110	INFORMATION OR TEMPORARY CUSTODIAN TO PROVIDE ACCESS TO OR COPYING
111	111	OF PUBLIC INFORMATION.
112	112	SECTION 5. Section 552.353, Government Code, is amended by
113	113	adding Subsection (a-1) to read as follows:
114	114	(a-1) A temporary custodian who has possession, custody, or
115	115	control of public information responsive to a request commits an
116	116	offense if, with criminal negligence, the temporary custodian fails
117	117	to surrender or return the information to the governmental body on
118	118	request of the officer for public information or the officer's
119	119	agent, as required by Section 552.234(b).
120	120	SECTION 6. This Act takes effect September 1, 2015.