| 1 | 1 | | 84R11019 SRS-F |
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| 2 | 2 | | By: Elkins H.B. No. 3997 |
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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 prosecution of violations of the open meetings law and |
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| 8 | 8 | | the open records 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 G, Chapter 551, Government Code, is |
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| 11 | 11 | | amended by adding Section 551.147 to read as follows: |
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| 12 | 12 | | Sec. 551.147. PROSECUTION OF OPEN MEETING ACT VIOLATION. |
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| 13 | 13 | | An offense under this subchapter may be prosecuted by either the |
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| 14 | 14 | | attorney general or by the district or county attorney for the |
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| 15 | 15 | | county in which a governmental body other than a state agency is |
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| 16 | 16 | | located. The attorney general may prosecute an offense under this |
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| 17 | 17 | | subchapter only if the district or county attorney declines to |
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| 18 | 18 | | prosecute. |
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| 19 | 19 | | SECTION 2. Sections 552.3215(e), (f), and (g), Government |
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| 20 | 20 | | Code, are amended to read as follows: |
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| 21 | 21 | | (e) A complainant may file a complaint alleging a violation |
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| 22 | 22 | | of this chapter. The complaint must be filed with either the |
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| 23 | 23 | | attorney general or the district or county attorney of the county in |
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| 24 | 24 | | which the governmental body is located unless the governmental body |
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| 25 | 25 | | is the district or county attorney. If the governmental body |
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| 26 | 26 | | extends into more than one county, the complaint must be filed with |
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| 27 | 27 | | the attorney general or the district or county attorney of the |
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| 28 | 28 | | county in which the administrative offices of the governmental body |
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| 29 | 29 | | are located. If the governmental body is a state agency, the |
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| 30 | 30 | | complaint may be filed with the attorney general or the Travis |
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| 31 | 31 | | County district attorney. If the governmental body is the district |
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| 32 | 32 | | or county attorney, the complaint must be filed with the attorney |
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| 33 | 33 | | general. To be valid, a complaint must: |
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| 34 | 34 | | (1) be in writing and signed by the complainant; |
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| 35 | 35 | | (2) state the name of the governmental body that |
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| 36 | 36 | | allegedly committed the violation, as accurately as can be done by |
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| 37 | 37 | | the complainant; |
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| 38 | 38 | | (3) state the time and place of the alleged commission |
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| 39 | 39 | | of the violation, as definitely as can be done by the complainant; |
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| 40 | 40 | | and |
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| 41 | 41 | | (4) in general terms, describe the violation. |
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| 42 | 42 | | (f) The attorney general or the [A] district or county |
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| 43 | 43 | | attorney with whom the complaint is filed shall indicate on the face |
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| 44 | 44 | | of the written complaint the date the complaint is filed. |
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| 45 | 45 | | (g) Before the 31st day after the date a complaint is filed |
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| 46 | 46 | | under Subsection (e), the attorney general or the district or |
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| 47 | 47 | | county attorney shall: |
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| 48 | 48 | | (1) determine whether: |
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| 49 | 49 | | (A) the violation alleged in the complaint was |
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| 50 | 50 | | committed; and |
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| 51 | 51 | | (B) an action will be brought against the |
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| 52 | 52 | | governmental body under this section; and |
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| 53 | 53 | | (2) notify the complainant in writing of those |
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| 54 | 54 | | determinations. |
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| 55 | 55 | | SECTION 3. Subchapter I, Chapter 552, Government Code, is |
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| 56 | 56 | | amended by adding Section 552.354 to read as follows: |
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| 57 | 57 | | Sec. 552.354. PROSECUTION OF PUBLIC INFORMATION ACT |
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| 58 | 58 | | VIOLATIONS. An offense under this subchapter may be prosecuted by |
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| 59 | 59 | | either the attorney general or by the district or county attorney |
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| 60 | 60 | | for the county in which a governmental body other than a state |
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| 61 | 61 | | agency is located. The attorney general may prosecute an offense |
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| 62 | 62 | | under this subchapter only if the district or county attorney |
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| 63 | 63 | | declines to prosecute. |
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| 64 | 64 | | SECTION 4. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2015. |
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