Texas 2017 - 85th Regular

Texas Senate Bill SB1347 Compare Versions

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1	1	By: Watson S.B. No. 1347
2	2	(In the Senate - Filed March 6, 2017; March 14, 2017, read
3	3	first time and referred to Committee on Business & Commerce;
4	4	April 24, 2017, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1347 By: Nichols
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to an expedited response by a governmental body to a
14	14	request for public information.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 552.2615(g), Government Code, is amended
17	17	to read as follows:
18	18	(g) The time deadlines imposed by this section do not affect
19	19	the application of a time deadline imposed on a governmental body
20	20	under Subchapter G or J.
21	21	SECTION 2. Section 552.263(e), Government Code, is amended
22	22	to read as follows:
23	23	(e) For purposes of Subchapters F, [and] G, and J, a request
24	24	for a copy of public information is considered to have been received
25	25	by a governmental body on the date the governmental body receives
26	26	the deposit or bond for payment of anticipated costs or unpaid
27	27	amounts if the governmental body's officer for public information
28	28	or the officer's agent requires a deposit or bond in accordance with
29	29	this section.
30	30	SECTION 3. Section 552.302, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
33	33	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
34	34	governmental body does not request an attorney general decision as
35	35	provided by Section 552.301 or in response to an appeal under
36	36	Subchapter J and provide the requestor with the information
37	37	required by Sections 552.301(d) and (e-1) or Section 552.404(b),
38	38	the information requested in writing is presumed to be subject to
39	39	required public disclosure and must be released unless there is a
40	40	compelling reason to withhold the information.
41	41	SECTION 4. Section 552.352, Government Code, is amended by
42	42	adding Subsection (d) to read as follows:
43	43	(d) It is an affirmative defense to prosecution under
44	44	Subsection (a) that the defendant released information under
45	45	Subchapter J and did not release confidential information
46	46	intentionally, as defined by Section 6.03, Penal Code.
47	47	SECTION 5. Chapter 552, Government Code, is amended by
48	48	adding Subchapter J to read as follows:
49	49	SUBCHAPTER J. EXPEDITED RESPONSE PROCEDURE
50	50	Sec. 552.401. REQUEST FOR ATTORNEY GENERAL DECISION NOT
51	51	REQUIRED. (a) Subject to Subsection (b) and Sections 552.403 and
52	52	552.405, a governmental body that receives a written request for
53	53	information and complies with the requirements of this subchapter
54	54	may withhold any information it makes a good faith determination is
55	55	excepted from required public disclosure under this chapter without
56	56	the necessity of requesting a decision from the attorney general
57	57	under Subchapter G.
58	58	(b) If the requested information may involve a person's
59	59	interests as provided by Section 552.305, the governmental body may
60	60	not respond to the request under Subsection (a).
61	61	Sec. 552.402. RESPONSE REQUIREMENTS. (a) A governmental
62	62	body that withholds information under this subchapter must respond
63	63	to the requestor not later than the fifth business day after the
64	64	date the governmental body receives a written request for that
65	65	information by providing the requestor with:
66	66	(1) a list of the exceptions under Subchapter C and, if
67	67	applicable, the judicial decisions or constitutional or statutory
68	68	laws the governmental body determines are applicable to the
69	69	information being withheld;
70	70	(2) all information the governmental body determines
71	71	is not excepted from disclosure, including, if applicable,
72	72	partially redacted information with the redacted portions clearly
73	73	marked and labeled with the exceptions the governmental body relied
74	74	on to redact the information;
75	75	(3) a description of the volume and type of
76	76	information withheld; and
77	77	(4) a notice form promulgated by the attorney general
78	78	that includes, at a minimum:
79	79	(A) a unique identification number assigned by
80	80	the governmental body;
81	81	(B) a description of the appeal procedure;
82	82	(C) an appeal form the requestor must use to
83	83	appeal the withholding of information under this subchapter;
84	84	(D) a reference to the requestor's rights under
85	85	this chapter; and
86	86	(E) the name of an individual who holds an active
87	87	training certificate issued under Section 552.406 and a
88	88	confirmation by that individual that the individual reviewed and
89	89	approved the response.
90	90	(b) The governmental body shall retain, at a minimum, an
91	91	electronic or paper copy of the notice it provides to the requestor
92	92	under Subsection (a)(4) for the length of time the governmental
93	93	body retains the request for information.
94	94	Sec. 552.403. APPEAL. (a) On receipt of a response by a
95	95	governmental body under this subchapter, the requestor may appeal
96	96	the withholding of information in the response not later than the
97	97	30th calendar day after the date the requestor receives the
98	98	response.
99	99	(b) The requestor must submit the appeal to the governmental
100	100	body that responded under this subchapter on the appeal form
101	101	provided to the requestor by the governmental body under Section
102	102	552.402(a)(4).
103	103	(c) The appeal is considered a new request and is subject to
104	104	the procedural requirements of Section 552.404.
105	105	(d) A governmental body may not seek to narrow or clarify an
106	106	appeal made under this subchapter under Section 552.222(b).
107	107	(e) A governmental body may not respond to a requestor under
108	108	Section 552.232 in response to an appeal made under this
109	109	subchapter.
110	110	(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
111	111	552.130(c), 552.136(c), and 552.138(c), a governmental body must
112	112	request an attorney general decision to withhold information
113	113	described by those provisions in response to an appeal.
114	114	Sec. 552.404. REQUEST FOR ATTORNEY GENERAL DECISION IN
115	115	RESPONSE TO APPEAL. (a) Except as otherwise provided by this
116	116	subchapter:
117	117	(1) the appeal is subject to the provisions of this
118	118	chapter; and
119	119	(2) an attorney general's decision that was requested
120	120	under this section is considered to be a decision under Subchapter
121	121	G.
122	122	(b) A governmental body that receives an appeal under
123	123	Section 552.403 shall, within a reasonable time, but not later than
124	124	the 10th business day after the date the governmental body receives
125	125	the appeal, submit to the attorney general:
126	126	(1) a request for the attorney general's decision;
127	127	(2) a copy of the original written request for
128	128	information;
129	129	(3) a copy of the appeal form received by the
130	130	governmental body;
131	131	(4) a signed statement as to the date on which the
132	132	appeal was received by the governmental body or evidence sufficient
133	133	to establish the date;
134	134	(5) the exceptions that apply and written comments
135	135	stating the reasons why the stated exceptions apply that would
136	136	allow the information to be withheld;
137	137	(6) if the governmental body provided partially
138	138	redacted information to the requestor in its initial response under
139	139	this subchapter, an unredacted copy of the information the
140	140	governmental body provided to the requestor with the copy clearly
141	141	marked indicating the released portions and the withheld portions
142	142	labeled with the exceptions the governmental body relied on to
143	143	withhold the information; and
144	144	(7) a copy of the specific information the
145	145	governmental body seeks to withhold, or representative samples of
146	146	the information, labeled to indicate which exceptions apply to
147	147	which parts of the copy.
148	148	(c) A governmental body that receives an appeal under
149	149	Section 552.403 shall, within a reasonable time, but not later than
150	150	the 10th business day after the date the governmental body receives
151	151	the appeal, send a copy of the comments submitted under Subsection
152	152	(b)(5) to the requestor. If the written comments disclose or
153	153	contain the substance of the information requested, the copy of the
154	154	comments provided to the requestor must be a redacted copy.
155	155	Sec. 552.405. ELIGIBILITY. Before a governmental body may
156	156	respond to a request under this subchapter:
157	157	(1) the governmental body's public information officer
158	158	or the officer's designee must hold an active training certificate
159	159	issued under Section 552.406; and
160	160	(2) the governmental body may not have had its
161	161	authorization to rely on this subchapter revoked under Section
162	162	552.407.
163	163	Sec. 552.406. TRAINING. (a) The public information
164	164	officer for a governmental body that responds to a request under
165	165	this subchapter or the officer's designee must have completed in
166	166	the four years preceding the response a course of training of not
167	167	less than four hours or more than six hours regarding the
168	168	responsibilities of the governmental body under this subchapter.
169	169	(b) The attorney general shall ensure that the training is
170	170	made available. The attorney general shall prepare and from time to
171	171	time revise at least one course of training that is available in an
172	172	online presentation format. The online training may be broken into
173	173	separate sections. The online training must provide a means to
174	174	verify that the trainee observed and comprehended the full online
175	175	training session or, if applicable, each section of the training.
176	176	(c) At a minimum, the training must include instruction in:
177	177	(1) the general background of the legal requirements
178	178	for the governmental body's use of this subchapter and related law;
179	179	(2) the applicability of this subchapter to
180	180	governmental bodies;
181	181	(3) the procedures and requirements for complying with
182	182	an appeal under this subchapter;
183	183	(4) the role of the attorney general under this
184	184	subchapter; and
185	185	(5) penalties and other consequences for failing to
186	186	comply with this subchapter.
187	187	(d) For a governmental body with its main offices located in
188	188	a county with a population of 250,000 or less, the public
189	189	information officer or the officer's designee must complete the
190	190	training in person or online. For a governmental body with its main
191	191	offices located in a county with a population of more than 250,000,
192	192	the public information officer or the officer's designee must
193	193	complete the training in person from the office of the attorney
194	194	general.
195	195	(e) The office of the attorney general shall provide a
196	196	certificate to a person who completes the training required by this
197	197	section and keep records of the training certificates issued. A
198	198	governmental body shall maintain the training certificate of any
199	199	individual who provides a confirmation under Section
200	200	552.402(a)(4)(E) and make the certificate available for public
201	201	inspection.
202	202	Sec. 552.407. REVOCATION. (a) If the attorney general
203	203	determines that a governmental body failed to comply with the
204	204	requirements of this chapter, the office of the attorney general,
205	205	in its sole discretion, may revoke the governmental body's
206	206	authorization to respond under this subchapter or the training
207	207	certificate issued to an individual responsible for the
208	208	governmental body's failure.
209	209	(b) The attorney general shall create a notice of revocation
210	210	form. The attorney general shall inform a governmental body that
211	211	the attorney general has revoked the governmental body's
212	212	eligibility under Subsection (a) or an individual that the attorney
213	213	general has revoked the individual's training certificate by
214	214	sending the notice of revocation form by certified mail or by
215	215	another written method of notice that requires the return of a
216	216	receipt.
217	217	(c) The notice of revocation provided to a governmental body
218	218	must inform the governmental body of the length of time the
219	219	revocation is in effect. The length of time the governmental body's
220	220	revocation is in effect may not exceed six months from the date the
221	221	governmental body receives the notice of revocation form.
222	222	(d) The notice of revocation form provided to an individual
223	223	must inform the individual that the attorney general has revoked
224	224	the individual's training certificate under Subsection (a). The
225	225	individual must repeat the course of training under Section 552.406
226	226	to obtain a new training certificate.
227	227	(e) If an individual is employed by a governmental body when
228	228	the governmental body's authorization to respond under this
229	229	subchapter is revoked under Subsection (a), and the individual
230	230	obtains employment at a different governmental body with
231	231	authorization to respond under this subchapter, the individual may
232	232	not provide a confirmation under Section 552.402(a)(4)(E) until the
233	233	revocation period for the initial governmental body has expired.
234	234	(f) The office of the attorney general shall publish on its
235	235	Internet website:
236	236	(1) a list that provides the first and last names of
237	237	individuals who hold an active training certificate issued under
238	238	Section 552.406, the date each individual's training was completed,
239	239	and the date each individual's training certificate expires; and
240	240	(2) a list of the governmental bodies that are not
241	241	authorized to respond to a request under this subchapter because
242	242	their authorization has been revoked under Subsection (a).
243	243	Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER.
244	244	(a) For the state fiscal biennium beginning September 1, 2017, the
245	245	attorney general shall collect data detailing the number of:
246	246	(1) requests for decisions in response to appeals the
247	247	attorney general receives under Section 552.404;
248	248	(2) individuals who complete training under Section
249	249	552.406;
250	250	(3) governmental bodies that have their authorization
251	251	to respond under this subchapter revoked under Section 552.407; and
252	252	(4) individuals who have their training certificates
253	253	revoked under Section 552.407.
254	254	(b) Not later than February 1, 2019, the attorney general
255	255	shall make the data collected under Subsection (a) available on the
256	256	attorney general's Internet website for open records.
257	257	(c) This section expires September 1, 2019.
258	258	SECTION 6. The changes in law made by this Act apply only to
259	259	a request for information that is received by a governmental body on
260	260	or after the effective date of this Act. A request for information
261	261	that was received before the effective date of this Act is governed
262	262	by the law that was in effect on the date the request was received,
263	263	and the former law is continued in effect for that purpose.
264	264	SECTION 7. This Act takes effect September 1, 2017.
265	265	* * * * *