| 1 | 1 | | 87R6113 SGM-F |
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| 2 | 2 | | By: Vasut H.B. No. 2789 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to charges imposed by a governmental body for providing |
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| 8 | 8 | | copies of public information under the public information law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 552.261, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (f) to read as follows: |
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| 12 | 12 | | (f) A governmental body may not impose a charge under this |
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| 13 | 13 | | subchapter for providing a copy of public information if: |
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| 14 | 14 | | (1) the information is a report required to be filed |
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| 15 | 15 | | with the governmental body under Subchapter C or D, Chapter 254, |
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| 16 | 16 | | Election Code, unless all of those reports filed with the |
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| 17 | 17 | | governmental body during the preceding three years are available to |
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| 18 | 18 | | the public on the governmental body's Internet website; |
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| 19 | 19 | | (2) the governmental body fails to disclose the |
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| 20 | 20 | | information on or before the 10th business day after the date of |
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| 21 | 21 | | receiving the requestor's written request, unless the governmental |
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| 22 | 22 | | body: |
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| 23 | 23 | | (A) sends a written request for clarification |
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| 24 | 24 | | under Section 552.222(b); or |
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| 25 | 25 | | (B) requests a decision from the attorney general |
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| 26 | 26 | | under Section 552.301; or |
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| 27 | 27 | | (3) the governmental body requests a decision from the |
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| 28 | 28 | | attorney general under Section 552.301 and: |
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| 29 | 29 | | (A) the governmental body fails to comply with |
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| 30 | 30 | | Subsection (d) of that section; or |
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| 31 | 31 | | (B) the attorney general determines the |
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| 32 | 32 | | requested information must be disclosed. |
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| 33 | 33 | | SECTION 2. The changes in law made by this Act apply only to |
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| 34 | 34 | | a request for public information received by a governmental body or |
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| 35 | 35 | | officer for public information on or after the effective date of |
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| 36 | 36 | | this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2021. |
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