| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the availability of certain information under the |
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| 8 | 7 | | public information law. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Section 552.101, Government Code, is amended to |
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| 11 | 10 | | read as follows: |
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| 12 | 11 | | Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. |
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| 13 | 12 | | (a) Information is excepted from the requirements of Section |
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| 14 | 13 | | 552.021 if it is information considered to be confidential by law, |
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| 15 | 14 | | either constitutional, statutory, or by judicial decision. |
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| 16 | 15 | | (b) The exception to disclosure provided by Subsection (a) |
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| 17 | 16 | | does not apply to information considered to be: |
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| 18 | 17 | | (1) privileged under an evidentiary privilege created |
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| 19 | 18 | | by the Texas Rules of Civil Procedure, the Texas Rules of Evidence, |
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| 20 | 19 | | the Texas Disciplinary Rules of Professional Conduct, the Federal |
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| 21 | 20 | | Rules of Evidence, or the Federal Rules of Civil Procedure, |
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| 22 | 21 | | including the attorney-client privilege, the attorney work product |
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| 23 | 22 | | privilege, or any other state or federal discovery privilege; or |
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| 24 | 23 | | (2) excepted from required disclosure under another |
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| 25 | 24 | | provision of this chapter. |
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| 26 | 25 | | SECTION 2. Section 552.302, Government Code, is amended to |
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| 27 | 26 | | read as follows: |
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| 28 | 27 | | Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY |
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| 29 | 28 | | GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a) If |
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| 30 | 29 | | a governmental body does not request an attorney general decision |
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| 31 | 30 | | as provided by Section 552.301 and provide the requestor with the |
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| 32 | 31 | | information required by Sections 552.301(d) and (e-1), the |
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| 33 | 32 | | information requested in writing is presumed to be subject to |
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| 34 | 33 | | required public disclosure and must be released unless there is a |
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| 35 | 34 | | compelling reason to withhold the information. |
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| 36 | 35 | | (b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, |
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| 37 | 36 | | 552.111, 552.112, 552.116, 552.122, 552.125, 552.144, 552.146, |
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| 38 | 37 | | 552.153, and 552.154 do not constitute compelling reasons to |
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| 39 | 38 | | withhold information under Subsection (a) for a governmental body |
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| 40 | 39 | | that fails to comply with the requirements of Section 552.301. |
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| 41 | 40 | | SECTION 3. Section 552.305, Government Code, is amended by |
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| 42 | 41 | | adding Subsection (f) to read as follows: |
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| 43 | 42 | | (f) A governmental body's failure to comply with the |
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| 44 | 43 | | requirements of Section 552.301 does not affect another person's |
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| 45 | 44 | | privacy or property interests or the person's ability under this |
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| 46 | 45 | | section to submit a letter, memorandum, or brief in support of each |
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| 47 | 46 | | reason why the information should be withheld. |
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| 48 | 47 | | SECTION 4. The changes in law made by this Act apply only to |
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| 49 | 48 | | a request for information received by a governmental body on or |
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| 50 | 49 | | after the effective date of this Act. A request received before the |
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| 51 | 50 | | effective date of this Act is governed by the law in effect on the |
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| 52 | 51 | | date the request was received, and the former law is continued in |
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| 53 | 52 | | effect for that purpose. |
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| 54 | 53 | | SECTION 5. This Act takes effect September 1, 2017. |
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