By: Hernandez H.B. No. 3015
A BILL TO BE ENTITLED
AN ACT
relating to the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.221, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) If the governmental body determines it has no
information responsive to a request for information, the officer
for public information shall notify the requestor in writing not
later than the 10th business day after the date the request is
received.
(g) If a governmental body determines the requested
information is subject to a previous determination that permits or
requires the governmental body to withhold the requested
information, the officer for public information shall, not later
than the 10th business day after the date the request is received:
(1) notify the requestor in writing that the
information is being withheld; and
(2) identify in the notice the specific previous
determination the governmental body is relying on to withhold the
requested information.
SECTION 2. Section 552.261, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A governmental body may not impose a charge under this
subchapter for providing a copy of public information if the
information is a report required to be filed with the governmental
body under Subchapter C or D, Chapter 254, Election Code, unless all
of those reports filed with the governmental body during the
preceding year are available to the public on the governmental
body's Internet website.
SECTION 3. Section 552.264, Government Code, is amended to
read as follows:
Sec. 552.264. COPY OF PUBLIC INFORMATION REQUESTED BY
MEMBER OF LEGISLATURE. One copy of public information that is
requested from a political subdivision or a state agency by a
member, agency, or committee of the legislature under Section
552.008 shall be provided without charge.
SECTION 4. Section 552.301(b), Government Code, is amended
to read as follows:
(b) The governmental body must ask for the attorney
general's decision and state the specific exceptions that apply
within a reasonable time but not later than the 10th business day
after the date of receiving the written request.
SECTION 5. The heading to Subchapter H, Chapter 552,
Government Code, is amended to read as follows:
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
SECTION 6. Subchapter H, Chapter 552, Government Code, is
amended by adding Section 552.328 to read as follows:
Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
governmental body fails to respond to a requestor as required by
Section 552.221, the requestor may send a written complaint to the
attorney general.
(b) The complaint must include:
(1) the original request for information; and
(2) any correspondence received from the governmental
body in response to the request.
(c) If the attorney general determines the governmental
body improperly failed to comply with Section 552.221 in connection
with a request for which a complaint is made under this section:
(1) the attorney general shall notify the governmental
body in writing and require the governmental body to complete open
records training not later than six months after receiving the
notification;
(2) the governmental body may not assess costs to the
requestor for producing information in response to the request; and
(3) if the governmental body seeks to withhold
information in response to the request, the governmental body must:
(A) request an attorney general decision under
Section 552.301 not later than the fifth business day after the date
the governmental body receives the notification under Subdivision
(1); and
(B) release the requested information unless
there is a compelling reason to withhold the information.
SECTION 7. The changes in law made by this Act apply only to
a request for information that is received by a governmental body or
an officer for public information on or after the effective date of
this Act.
SECTION 8. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2021.
(b) Section 552.261(f), Government Code, as added by this
Act, takes effect January 1, 2022.