Texas 2021 - 87th Regular

Texas House Bill HB3453 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R12342 MCK-D
2	2	By: White H.B. No. 3453
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain litigation, law enforcement,
8	8	corrections, and prosecutorial records under the public
9	9	information law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 552.103, Government Code,
12	12	is amended to read as follows:
13	13	Sec. 552.103. EXCEPTION: NAMES OF INDIVIDUALS INVOLVED IN
14	14	LITIGATION OR SETTLEMENT NEGOTIATIONS INVOLVING THE STATE OR A
15	15	POLITICAL SUBDIVISION.
16	16	SECTION 2. Sections 552.103(a) and (c), Government Code,
17	17	are amended to read as follows:
18	18	(a) Information [is excepted from the requirements of
19	19	Section 552.021 if it is information] relating to litigation of a
20	20	civil or criminal nature to which the state or a political
21	21	subdivision is or may be a party or to which an officer or employee
22	22	of the state or a political subdivision, as a consequence of the
23	23	person's office or employment, is or may be a party is subject to
24	24	the requirements of Section 552.021 except that the names of the
25	25	persons involved in the litigation may be withheld.
26	26	(c) The name of a person involved in litigation involving a
27	27	governmental body or an officer or employee of a governmental body
28	28	may be withheld under Subsection (a) [Information relating to
29	29	litigation involving a governmental body or an officer or employee
30	30	of a governmental body is excepted from disclosure under Subsection
31	31	(a)] only if the litigation is pending or reasonably anticipated on
32	32	the date that the requestor applies to the officer for public
33	33	information for access to or duplication of the information. For
34	34	purposes of this section, litigation is considered reasonably
35	35	anticipated only if a person with an alleged claim, or that person's
36	36	attorney, has:
37	37	(1) threatened in writing to take legal action against
38	38	the governmental body; or
39	39	(2) made a written demand for compensation as a result
40	40	of an alleged claim against the governmental body.
41	41	SECTION 3. The heading to Section 552.108, Government Code,
42	42	is amended to read as follows:
43	43	Sec. 552.108. EXCEPTION: CERTAIN NAMES IN LAW ENFORCEMENT,
44	44	CORRECTIONS, AND PROSECUTORIAL INFORMATION.
45	45	SECTION 4. Section 552.108, Government Code, is amended by
46	46	amending Subsections (a) and (b) and adding Subsection (d) to read
47	47	as follows:
48	48	(a) Information held by a law enforcement agency or
49	49	prosecutor that deals with the detection, investigation, or
50	50	prosecution of crime is subject to the requirements of Section
51	51	552.021 except that the name of a person being investigated or
52	52	prosecuted for a crime may be withheld [excepted from the
53	53	requirements of Section 552.021] if:
54	54	(1) release of the information would interfere with
55	55	the detection, investigation, or prosecution of crime;
56	56	(2) it is information that deals with the detection,
57	57	investigation, or prosecution of crime only in relation to an
58	58	investigation that did not result in conviction or deferred
59	59	adjudication;
60	60	(3) it is information relating to a threat against a
61	61	peace officer or detention officer collected or disseminated under
62	62	Section 411.048; or
63	63	(4) it is information that:
64	64	(A) is prepared by an attorney representing the
65	65	state in anticipation of or in the course of preparing for criminal
66	66	litigation; or
67	67	(B) reflects the mental impressions or legal
68	68	reasoning of an attorney representing the state.
69	69	(b) An internal record or notation of a law enforcement
70	70	agency or prosecutor that is maintained for internal use in matters
71	71	relating to law enforcement or prosecution is subject to the
72	72	requirements of Section 552.021 except that the name of a person who
73	73	is part of a law enforcement investigation or who is being
74	74	prosecuted for a crime may be withheld [excepted from the
75	75	requirements of Section 552.021] if:
76	76	(1) release of the internal record or notation would
77	77	interfere with law enforcement or prosecution;
78	78	(2) the internal record or notation relates to law
79	79	enforcement only in relation to an investigation that did not
80	80	result in conviction or deferred adjudication; or
81	81	(3) the internal record or notation:
82	82	(A) is prepared by an attorney representing the
83	83	state in anticipation of or in the course of preparing for criminal
84	84	litigation; or
85	85	(B) reflects the mental impressions or legal
86	86	reasoning of an attorney representing the state.
87	87	(d) The name of a person may not be withheld under this
88	88	section in response to a written request for the information made
89	89	by:
90	90	(1) a person who is the subject of the information,
91	91	record, or notation; or
92	92	(2) if the person described by Subdivision (1) is
93	93	deceased, the person's spouse, child, or parent, an administrator
94	94	of the person's estate, or any of their attorneys.
95	95	SECTION 5. The changes in law made by this Act to Sections
96	96	552.103 and 552.108, Government Code, apply only to a request for
97	97	information that is received by a governmental body or an officer or
98	98	employee of a governmental body on or after the effective date of
99	99	this Act. A request for information that was received before the
100	100	effective date of this Act is governed by the law in effect on the
101	101	date the request was received, and the former law is continued in
102	102	effect for that purpose.
103	103	SECTION 6. This Act takes effect September 1, 2021.