85R6993 SRS-F
By: Lucio III H.B. No. 2328
A BILL TO BE ENTITLED
AN ACT
relating to an expedited response by a governmental body to a
request for public information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.2615(g), Government Code, is amended
to read as follows:
(g) The time deadlines imposed by this section do not affect
the application of a time deadline imposed on a governmental body
under Subchapter G or J.
SECTION 2. Section 552.263(e), Government Code, is amended
to read as follows:
(e) For purposes of Subchapters F, [and] G, and J, a request
for a copy of public information is considered to have been received
by a governmental body on the date the governmental body receives
the deposit or bond for payment of anticipated costs or unpaid
amounts if the governmental body's officer for public information
or the officer's agent requires a deposit or bond in accordance with
this section.
SECTION 3. Section 552.302, Government Code, is amended to
read as follows:
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
governmental body does not request an attorney general decision as
provided by Section 552.301 or in response to an appeal under
Subchapter J and provide the requestor with the information
required by Sections 552.301(d) and (e-1) or Section 552.404(b),
the information requested in writing is presumed to be subject to
required public disclosure and must be released unless there is a
compelling reason to withhold the information.
SECTION 4. Section 552.352, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) It is an affirmative defense to prosecution under
Subsection (a) that the defendant released information under
Subchapter J and did not release confidential information
intentionally, as defined by Section 6.03, Penal Code.
SECTION 5. Chapter 552, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. EXPEDITED RESPONSE PROCEDURE
Sec. 552.401. REQUEST FOR ATTORNEY GENERAL DECISION NOT
REQUIRED. Subject to Sections 552.403 and 552.405, a governmental
body that receives a written request for information and complies
with the requirements of this subchapter may withhold any
information it makes a good faith determination is excepted from
required public disclosure under this chapter without the necessity
of requesting a decision from the attorney general under Subchapter
G.
Sec. 552.402. RESPONSE REQUIREMENTS. (a) A governmental
body that withholds information under this subchapter must respond
to the requestor not later than the fifth business day after the
date the governmental body receives a written request for that
information by providing the requestor with:
(1) a list of the exceptions under Subchapter C and, if
applicable, the judicial decisions or constitutional or statutory
laws the governmental body determines are applicable to the
information being withheld;
(2) all information the governmental body determines
is not excepted from disclosure, including, if applicable,
partially redacted information with the redacted portions clearly
marked and labeled with the exceptions the governmental body relied
on to redact the information;
(3) a description of the volume and type of
information withheld; and
(4) a notice form promulgated by the attorney general
that includes, at a minimum:
(A) a unique identification number assigned by
the governmental body;
(B) a description of the appeal procedure;
(C) an appeal form the requestor must use to
appeal the withholding of information under this subchapter;
(D) a reference to the requestor's rights under
this chapter; and
(E) the name of the individual who has received
training under Section 552.406.
(b) The governmental body shall retain, at a minimum, an
electronic or paper copy of the notice it provides to the requestor
under Subsection (a)(4) for the length of time the governmental
body retains the request for information.
Sec. 552.403. APPEAL. (a) On receipt of a response by a
governmental body under this subchapter, the requestor may appeal
the withholding of information in the response not later than the
30th calendar day after the date the requestor receives the
response.
(b) The requestor must submit the appeal to the governmental
body that responded under this subchapter on the appeal form
provided to the requestor by the governmental body under Section
552.402(a)(4).
(c) The appeal is considered a new request and is subject to
the procedural requirements of Section 552.404.
(d) A governmental body may not seek to narrow or clarify an
appeal made under this subchapter under Section 552.222(b).
(e) A governmental body may not respond to a requestor under
Section 552.232 in response to an appeal made under this
subchapter.
(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
552.130(c), 552.136(c), and 552.138(c), a governmental body must
request an attorney general decision to withhold information
described by those provisions in response to an appeal.
Sec. 552.404. REQUEST FOR ATTORNEY GENERAL DECISION IN
RESPONSE TO APPEAL. (a) Except as otherwise provided by this
subchapter:
(1) the appeal is subject to the provisions of this
chapter; and
(2) an attorney general's decision that was requested
under this section is considered to be a decision under Subchapter
G.
(b) A governmental body that receives an appeal under
Section 552.403 shall, within a reasonable time, but not later than
the 10th business day after the date the governmental body receives
the appeal, submit to the attorney general:
(1) a request for the attorney general's decision;
(2) a copy of the original written request for
information;
(3) a copy of the appeal form received by the
governmental body;
(4) a signed statement as to the date on which the
appeal was received by the governmental body or evidence sufficient
to establish the date;
(5) the exceptions that apply and written comments
stating the reasons why the stated exceptions apply that would
allow the information to be withheld;
(6) if the governmental body provided partially
redacted information to the requestor in its initial response under
this subchapter, an unredacted copy of the information the
governmental body provided to the requestor with the copy clearly
marked indicating the released portions and the withheld portions
labeled with the exceptions the governmental body relied on to
withhold the information; and
(7) a copy of the specific information the
governmental body seeks to withhold, or representative samples of
the information, labeled to indicate which exceptions apply to
which parts of the copy.
(c) A governmental body that receives an appeal under
Section 552.403 shall, within a reasonable time, but not later than
the 10th business day after the date the governmental body receives
the appeal, send a copy of the comments submitted under Subsection
(b)(5) to the requestor. If the written comments disclose or
contain the substance of the information requested, the copy of the
comments provided to the requestor must be a redacted copy.
Sec. 552.405. ELIGIBILITY. Before a governmental body may
respond to a request under this subchapter, the governmental body
must comply with the requirements of Section 552.406 and may not
have had its authorization to rely on this subchapter revoked under
Section 552.407.
Sec. 552.406. TRAINING. (a) The public information
officer for a governmental body that responds to a request under
this subchapter or the officer's designee must have completed in
the four years preceding the response a course of training of not
less than four hours or more than six hours regarding the
responsibilities of the governmental body under this subchapter.
(b) The attorney general shall ensure that the training is
made available. The attorney general shall ensure that at least one
course of training is available at no cost on recorded video or a
functionally similar and widely available medium. At a minimum,
the training must include instruction in:
(1) the general background of the legal requirements
for the governmental body's use of this subchapter and related law;
(2) the applicability of this subchapter to
governmental bodies;
(3) the procedures and requirements for complying with
an appeal under this subchapter;
(4) the role of the attorney general under this
subchapter; and
(5) penalties and other consequences for failing to
comply with this subchapter.
(c) The office of the attorney general shall provide a
certificate of course completion to a person who completes the
training required by this section. A governmental body shall
maintain the certificate and make it available for public
inspection.
Sec. 552.407. REVOCATION. (a) The office of the attorney
general, in its sole discretion, may revoke a governmental body's
authorization to respond under this subchapter if the attorney
general determines the governmental body failed to comply with the
requirements of this chapter.
(b) The attorney general shall create a notice of revocation
form. The attorney general shall inform the governmental body that
the attorney general has revoked the governmental body's
eligibility under Subsection (a) by sending the notice of
revocation form by certified mail or by another written method of
notice that requires the return of a receipt.
(c) The notice of revocation form must inform the
governmental body of the length of time the revocation is in effect.
The length of time the revocation is in effect may not exceed six
months from the date the governmental body receives the notice of
revocation form.
(d) The office of the attorney general shall publish on its
Internet website a list of the governmental bodies that are not
authorized to respond to a request under this subchapter because
their authorization has been revoked under Subsection (a).
SECTION 6. The changes in law made by this Act apply only to
a request for information that is received by a governmental body on
or after the effective date of this Act. A request for information
that was received before the effective date of this Act is governed
by the law that was in effect on the date the request was received,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.