Texas 2021 - 87th Regular

Texas House Bill HB3015 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R3213 SGM-F
1	2		By: Hernandez H.B. No. 3015
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6		-	relating to the public information law.
	7	+	relating to a governmental body's response to a request for public
	8	+	information.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 552.221, Government Code, is amended by
9	11		adding Subsections (f) and (g) to read as follows:
10	12		(f) If the governmental body determines it has no
11	13		information responsive to a request for information, the officer
12	14		for public information shall notify the requestor in writing not
13	15		later than the 10th business day after the date the request is
14	16		received.
15	17		(g) If a governmental body determines the requested
16	18		information is subject to a previous determination that permits or
17	19		requires the governmental body to withhold the requested
18	20		information, the officer for public information shall, not later
19	21		than the 10th business day after the date the request is received:
20	22		(1) notify the requestor in writing that the
21	23		information is being withheld; and
22	24		(2) identify in the notice the specific previous
23	25		determination the governmental body is relying on to withhold the
24	26		requested information.
25		-	SECTION 2. Section 552.261, Government Code, is amended by
26		-	adding Subsection (f) to read as follows:
27		-	(f) A governmental body may not impose a charge under this
28		-	subchapter for providing a copy of public information if the
29		-	information is a report required to be filed with the governmental
30		-	body under Subchapter C or D, Chapter 254, Election Code, unless all
31		-	of those reports filed with the governmental body during the
32		-	preceding year are available to the public on the governmental
33		-	body's Internet website.
34		-	SECTION 3. Section 552.264, Government Code, is amended to
35		-	read as follows:
36		-	Sec. 552.264. COPY OF PUBLIC INFORMATION REQUESTED BY
37		-	MEMBER OF LEGISLATURE. One copy of public information that is
38		-	requested from a political subdivision or a state agency by a
39		-	member, agency, or committee of the legislature under Section
40		-	552.008 shall be provided without charge.
41		-	SECTION 4. Section 552.301(b), Government Code, is amended
	27	+	SECTION 2. Section 552.301(b), Government Code, is amended
42	28		to read as follows:
43	29		(b) The governmental body must ask for the attorney
44	30		general's decision and state the specific exceptions that apply
45	31		within a reasonable time but not later than the 10th business day
46	32		after the date of receiving the written request.
47		-	SECTION 5. The heading to Subchapter H, Chapter 552,
	33	+	SECTION 3. The heading to Subchapter H, Chapter 552,
48	34		Government Code, is amended to read as follows:
49	35		SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
50		-	SECTION 6. Subchapter H, Chapter 552, Government Code, is
	36	+	SECTION 4. Subchapter H, Chapter 552, Government Code, is
51	37		amended by adding Section 552.328 to read as follows:
52	38		Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
53	39		governmental body fails to respond to a requestor as required by
54	40		Section 552.221, the requestor may send a written complaint to the
55	41		attorney general.
56	42		(b) The complaint must include:
57	43		(1) the original request for information; and
58	44		(2) any correspondence received from the governmental
59	45		body in response to the request.
60	46		(c) If the attorney general determines the governmental
61	47		body improperly failed to comply with Section 552.221 in connection
62	48		with a request for which a complaint is made under this section:
63	49		(1) the attorney general shall notify the governmental
64	50		body in writing and require the governmental body to complete open
65	51		records training not later than six months after receiving the
66	52		notification;
67	53		(2) the governmental body may not assess costs to the
68	54		requestor for producing information in response to the request; and
69	55		(3) if the governmental body seeks to withhold
70	56		information in response to the request, the governmental body must:
71	57		(A) request an attorney general decision under
72	58		Section 552.301 not later than the fifth business day after the date
73	59		the governmental body receives the notification under Subdivision
74	60		(1); and
75	61		(B) release the requested information unless
76	62		there is a compelling reason to withhold the information.
77		-	SECTION 7. The changes in law made by this Act apply only to
	63	+	SECTION 5. The changes in law made by this Act apply only to
78	64		a request for information that is received by a governmental body or
79	65		an officer for public information on or after the effective date of
80	66		this Act.
81		-	SECTION 8. (a) Except as provided by Subsection (b) of this
82		-	section, this Act takes effect September 1, 2021.
83		-	(b) Section 552.261(f), Government Code, as added by this
84		-	Act, takes effect January 1, 2022.
	67	+	SECTION 6. This Act takes effect September 1, 2021.