By: Watson S.B. No. 1655
(Elkins)
A BILL TO BE ENTITLED
AN ACT
relating to the availability of certain information under the
public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.101, Government Code, is amended to
read as follows:
Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION.
(a) Information is excepted from the requirements of Section
552.021 if it is information considered to be confidential by law,
either constitutional, statutory, or by judicial decision.
(b) The exception to disclosure provided by Subsection (a)
does not apply to information considered to be:
(1) privileged under an evidentiary privilege created
by the Texas Rules of Civil Procedure, the Texas Rules of Evidence,
the Texas Disciplinary Rules of Professional Conduct, the Federal
Rules of Evidence, or the Federal Rules of Civil Procedure,
including the attorney-client privilege, the attorney work product
privilege, or any other state or federal discovery privilege; or
(2) excepted from required disclosure under another
provision of this chapter.
SECTION 2. 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. (a) If
a governmental body does not request an attorney general decision
as provided by Section 552.301 and provide the requestor with the
information required by Sections 552.301(d) and (e-1), 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.
(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108,
552.111, 552.112, 552.116, 552.122, 552.125, 552.144, 552.146,
552.153, and 552.154 do not constitute compelling reasons to
withhold information under Subsection (a) for a governmental body
that fails to comply with the requirements of Section 552.301.
SECTION 3. Section 552.305, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A governmental body's failure to comply with the
requirements of Section 552.301 does not affect another person's
privacy or property interests or the person's ability under this
section to submit a letter, memorandum, or brief in support of each
reason why the information should be withheld.
SECTION 4. The changes in law made by this Act apply only to
a request for information received by a governmental body on or
after the effective date of this Act. A request received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.