Texas 2017 - 85th Regular

Texas House Bill HB2328 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R21490 SRS-F
2		-	By: Lucio III, Elkins H.B. No. 2328
3		-	Substitute the following for H.B. No. 2328:
4		-	By: Gonzales of Williamson C.S.H.B. No. 2328
	1	+	By: Lucio III, Elkins (Senate Sponsor - Watson) H.B. No. 2328
	2	+	(In the Senate - Received from the House May 1, 2017;
	3	+	May 1, 2017, read first time and referred to Committee on Business &
	4	+	Commerce; May 2, 2017, rereferred to Committee on
	5	+	Administration; May 2, 2017, reported favorably by the following
	6	+	vote: Yeas 6, Nays 0; May 2, 2017, sent to printer.)
	7	+	Click here to see the committee vote
5	8
6	9
7	10		A BILL TO BE ENTITLED
8	11		AN ACT
9	12		relating to an expedited response by a governmental body to a
10	13		request for public information.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Section 552.2615(g), Government Code, is amended
13	16		to read as follows:
14	17		(g) The time deadlines imposed by this section do not affect
15	18		the application of a time deadline imposed on a governmental body
16	19		under Subchapter G or J.
17	20		SECTION 2. Section 552.263(e), Government Code, is amended
18	21		to read as follows:
19	22		(e) For purposes of Subchapters F, [and] G, and J, a request
20	23		for a copy of public information is considered to have been received
21	24		by a governmental body on the date the governmental body receives
22	25		the deposit or bond for payment of anticipated costs or unpaid
23	26		amounts if the governmental body's officer for public information
24	27		or the officer's agent requires a deposit or bond in accordance with
25	28		this section.
26	29		SECTION 3. Section 552.302, Government Code, is amended to
27	30		read as follows:
28	31		Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
29	32		GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
30	33		governmental body does not request an attorney general decision as
31	34		provided by Section 552.301 or in response to an appeal under
32	35		Subchapter J and provide the requestor with the information
33	36		required by Sections 552.301(d) and (e-1) or Section 552.404(b),
34	37		the information requested in writing is presumed to be subject to
35	38		required public disclosure and must be released unless there is a
36	39		compelling reason to withhold the information.
37	40		SECTION 4. Section 552.352, Government Code, is amended by
38	41		adding Subsection (d) to read as follows:
39	42		(d) It is an affirmative defense to prosecution under
40	43		Subsection (a) that the defendant released information under
41	44		Subchapter J and did not release confidential information
42	45		intentionally, as defined by Section 6.03, Penal Code.
43	46		SECTION 5. Chapter 552, Government Code, is amended by
44	47		adding Subchapter J to read as follows:
45	48		SUBCHAPTER J. EXPEDITED RESPONSE PROCEDURE
46	49		Sec. 552.401. REQUEST FOR ATTORNEY GENERAL DECISION NOT
47	50		REQUIRED. (a) Subject to Subsection (b) and Sections 552.403 and
48	51		552.405, a governmental body that receives a written request for
49	52		information and complies with the requirements of this subchapter
50	53		may withhold any information it makes a good faith determination is
51	54		excepted from required public disclosure under this chapter without
52	55		the necessity of requesting a decision from the attorney general
53	56		under Subchapter G.
54	57		(b) If the requested information may involve a person's
55	58		interests as provided by Section 552.305, the governmental body may
56	59		not respond to the request under Subsection (a).
57	60		Sec. 552.402. RESPONSE REQUIREMENTS. (a) A governmental
58	61		body that withholds information under this subchapter must respond
59	62		to the requestor not later than the fifth business day after the
60	63		date the governmental body receives a written request for that
61	64		information by providing the requestor with:
62	65		(1) a list of the exceptions under Subchapter C and, if
63	66		applicable, the judicial decisions or constitutional or statutory
64	67		laws the governmental body determines are applicable to the
65	68		information being withheld;
66	69		(2) all information the governmental body determines
67	70		is not excepted from disclosure, including, if applicable,
68	71		partially redacted information with the redacted portions clearly
69	72		marked and labeled with the exceptions the governmental body relied
70	73		on to redact the information;
71	74		(3) a description of the volume and type of
72	75		information withheld; and
73	76		(4) a notice form promulgated by the attorney general
74	77		that includes, at a minimum:
75	78		(A) a unique identification number assigned by
76	79		the governmental body;
77	80		(B) a description of the appeal procedure;
78	81		(C) an appeal form the requestor must use to
79	82		appeal the withholding of information under this subchapter;
80	83		(D) a reference to the requestor's rights under
81	84		this chapter; and
82	85		(E) the name of an individual who holds an active
83	86		training certificate issued under Section 552.406 and a
84	87		confirmation by that individual that the individual reviewed and
85	88		approved the response.
86	89		(b) The governmental body shall retain, at a minimum, an
87	90		electronic or paper copy of the notice it provides to the requestor
88	91		under Subsection (a)(4) for the length of time the governmental
89	92		body retains the request for information.
90	93		Sec. 552.403. APPEAL. (a) On receipt of a response by a
91	94		governmental body under this subchapter, the requestor may appeal
92	95		the withholding of information in the response not later than the
93	96		30th calendar day after the date the requestor receives the
94	97		response.
95	98		(b) The requestor must submit the appeal to the governmental
96	99		body that responded under this subchapter on the appeal form
97	100		provided to the requestor by the governmental body under Section
98	101		552.402(a)(4).
99	102		(c) The appeal is considered a new request and is subject to
100	103		the procedural requirements of Section 552.404.
101	104		(d) A governmental body may not seek to narrow or clarify an
102	105		appeal made under this subchapter under Section 552.222(b).
103	106		(e) A governmental body may not respond to a requestor under
104	107		Section 552.232 in response to an appeal made under this
105	108		subchapter.
106	109		(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
107	110		552.130(c), 552.136(c), and 552.138(c), a governmental body must
108	111		request an attorney general decision to withhold information
109	112		described by those provisions in response to an appeal.
110	113		Sec. 552.404. REQUEST FOR ATTORNEY GENERAL DECISION IN
111	114		RESPONSE TO APPEAL. (a) Except as otherwise provided by this
112	115		subchapter:
113	116		(1) the appeal is subject to the provisions of this
114	117		chapter; and
115	118		(2) an attorney general's decision that was requested
116	119		under this section is considered to be a decision under Subchapter
117	120		G.
118	121		(b) A governmental body that receives an appeal under
119	122		Section 552.403 shall, within a reasonable time, but not later than
120	123		the 10th business day after the date the governmental body receives
121	124		the appeal, submit to the attorney general:
122	125		(1) a request for the attorney general's decision;
123	126		(2) a copy of the original written request for
124	127		information;
125	128		(3) a copy of the appeal form received by the
126	129		governmental body;
127	130		(4) a signed statement as to the date on which the
128	131		appeal was received by the governmental body or evidence sufficient
129	132		to establish the date;
130	133		(5) the exceptions that apply and written comments
131	134		stating the reasons why the stated exceptions apply that would
132	135		allow the information to be withheld;
133	136		(6) if the governmental body provided partially
134	137		redacted information to the requestor in its initial response under
135	138		this subchapter, an unredacted copy of the information the
136	139		governmental body provided to the requestor with the copy clearly
137	140		marked indicating the released portions and the withheld portions
138	141		labeled with the exceptions the governmental body relied on to
139	142		withhold the information; and
140	143		(7) a copy of the specific information the
141	144		governmental body seeks to withhold, or representative samples of
142	145		the information, labeled to indicate which exceptions apply to
143	146		which parts of the copy.
144	147		(c) A governmental body that receives an appeal under
145	148		Section 552.403 shall, within a reasonable time, but not later than
146	149		the 10th business day after the date the governmental body receives
147	150		the appeal, send a copy of the comments submitted under Subsection
148	151		(b)(5) to the requestor. If the written comments disclose or
149	152		contain the substance of the information requested, the copy of the
150	153		comments provided to the requestor must be a redacted copy.
151	154		Sec. 552.405. ELIGIBILITY. Before a governmental body may
152	155		respond to a request under this subchapter:
153	156		(1) the governmental body's public information officer
154	157		or the officer's designee must hold an active training certificate
155	158		issued under Section 552.406; and
156	159		(2) the governmental body may not have had its
157	160		authorization to rely on this subchapter revoked under Section
158	161		552.407.
159	162		Sec. 552.406. TRAINING. (a) The public information
160	163		officer for a governmental body that responds to a request under
161	164		this subchapter or the officer's designee must have completed in
162	165		the four years preceding the response a course of training of not
163	166		less than four hours or more than six hours regarding the
164	167		responsibilities of the governmental body under this subchapter.
165	168		(b) The attorney general shall ensure that the training is
166	169		made available. The attorney general shall prepare and from time to
167	170		time revise at least one course of training that is available in an
168	171		online presentation format. The online training may be broken into
169	172		separate sections. The online training must provide a means to
170	173		verify that the trainee observed and comprehended the full online
171	174		training session or, if applicable, each section of the training.
172	175		(c) At a minimum, the training must include instruction in:
173	176		(1) the general background of the legal requirements
174	177		for the governmental body's use of this subchapter and related law;
175	178		(2) the applicability of this subchapter to
176	179		governmental bodies;
177	180		(3) the procedures and requirements for complying with
178	181		an appeal under this subchapter;
179	182		(4) the role of the attorney general under this
180	183		subchapter; and
181	184		(5) penalties and other consequences for failing to
182	185		comply with this subchapter.
183	186		(d) For a governmental body with its main offices located in
184	187		a county with a population of 250,000 or less, the public
185	188		information officer or the officer's designee must complete the
186	189		training in person or online. For a governmental body with its main
187	190		offices located in a county with a population of more than 250,000,
188	191		the public information officer or the officer's designee must
189	192		complete the training in person from the office of the attorney
190	193		general.
191	194		(e) The office of the attorney general shall provide a
192	195		certificate to a person who completes the training required by this
193	196		section and keep records of the training certificates issued. A
194	197		governmental body shall maintain the training certificate of any
195	198		individual who provides a confirmation under Section
196	199		552.402(a)(4)(E) and make the certificate available for public
197	200		inspection.
198	201		Sec. 552.407. REVOCATION. (a) If the attorney general
199	202		determines that a governmental body failed to comply with the
200	203		requirements of this chapter, the office of the attorney general,
201	204		in its sole discretion, may revoke the governmental body's
202	205		authorization to respond under this subchapter or the training
203	206		certificate issued to an individual responsible for the
204	207		governmental body's failure.
205	208		(b) The attorney general shall create a notice of revocation
206	209		form. The attorney general shall inform a governmental body that
207	210		the attorney general has revoked the governmental body's
208	211		eligibility under Subsection (a) or an individual that the attorney
209	212		general has revoked the individual's training certificate by
210	213		sending the notice of revocation form by certified mail or by
211	214		another written method of notice that requires the return of a
212	215		receipt.
213	216		(c) The notice of revocation provided to a governmental body
214	217		must inform the governmental body of the length of time the
215	218		revocation is in effect. The length of time the governmental body's
216	219		revocation is in effect may not exceed six months from the date the
217	220		governmental body receives the notice of revocation form.
218	221		(d) The notice of revocation form provided to an individual
219	222		must inform the individual that the attorney general has revoked
220	223		the individual's training certificate under Subsection (a). The
221	224		individual must repeat the course of training under Section 552.406
222	225		to obtain a new training certificate.
223	226		(e) If an individual is employed by a governmental body when
224	227		the governmental body's authorization to respond under this
225	228		subchapter is revoked under Subsection (a), and the individual
226	229		obtains employment at a different governmental body with
227	230		authorization to respond under this subchapter, the individual may
228	231		not provide a confirmation under Section 552.402(a)(4)(E) until the
229	232		revocation period for the initial governmental body has expired.
230	233		(f) The office of the attorney general shall publish on its
231	234		Internet website:
232	235		(1) a list that provides the first and last names of
233	236		individuals who hold an active training certificate issued under
234	237		Section 552.406, the date each individual's training was completed,
235	238		and the date each individual's training certificate expires; and
236	239		(2) a list of the governmental bodies that are not
237	240		authorized to respond to a request under this subchapter because
238	241		their authorization has been revoked under Subsection (a).
239	242		Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)
240	243		For the state fiscal biennium beginning September 1, 2017, the
241	244		attorney general shall collect data detailing the number of:
242	245		(1) requests for decisions in response to appeals the
243	246		attorney general receives under Section 552.404;
244	247		(2) individuals who complete training under Section
245	248		552.406;
246	249		(3) governmental bodies that have their authorization
247	250		to respond under this subchapter revoked under Section 552.407; and
248	251		(4) individuals who have their training certificates
249	252		revoked under Section 552.407.
250	253		(b) Not later than February 1, 2019, the attorney general
251	254		shall make the data collected under Subsection (a) available on the
252	255		attorney general's Internet website for open records.
253	256		(c) This section expires September 1, 2019.
254	257		SECTION 6. The changes in law made by this Act apply only to
255	258		a request for information that is received by a governmental body on
256	259		or after the effective date of this Act. A request for information
257	260		that was received before the effective date of this Act is governed
258	261		by the law that was in effect on the date the request was received,
259	262		and the former law is continued in effect for that purpose.
260	263		SECTION 7. This Act takes effect September 1, 2017.
	264	+	* * * * *