Texas 2021 - 87th Regular

Texas Senate Bill SB1491 Compare Versions

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

Old	New	Differences
1	1	87R4572 SGM-F
2	2	By: Bettencourt S.B. No. 1491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic submission of requests for attorney
8	8	general decisions under the public information law; authorizing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter G, Chapter 552, Government Code, is
12	12	amended by adding Section 552.3031 to read as follows:
13	13	Sec. 552.3031. ELECTRONIC SUBMISSION OF REQUEST FOR
14	14	ATTORNEY GENERAL DECISION. (a) This section does not apply to a
15	15	request for an attorney general decision made under this subchapter
16	16	if:
17	17	(1) the governmental body requesting the decision:
18	18	(A) has fewer than 16 full-time employees; or
19	19	(B) is located in a county with a population of
20	20	less than 250,000; or
21	21	(2) the amount or format of responsive information at
22	22	issue in a particular request makes use of the attorney general's
23	23	electronic filing system impractical or impossible.
24	24	(b) A governmental body that requests an attorney general
25	25	decision under this subchapter must submit the request through the
26	26	attorney general's designated electronic filing system.
27	27	(c) The attorney general may charge a fee for a request
28	28	described by Subsection (a)(2) that is submitted in a manner other
29	29	than the manner described by Subsection (b).
30	30	(d) The attorney general may adopt rules necessary to
31	31	implement this section, including rules that define the amount or
32	32	type of formatting of information described by Subsection (a)(2)
33	33	that makes use of the electronic filing system impractical or
34	34	impossible.
35	35	SECTION 2. Section 552.308, Government Code, is amended to
36	36	read as follows:
37	37	Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL,
38	38	INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as
39	39	provided by Section 552.3031, when [When] this subchapter requires
40	40	a request, notice, or other document to be submitted or otherwise
41	41	given to a person within a specified period, the requirement is met
42	42	in a timely fashion if the document is sent to the person by first
43	43	class United States mail or common or contract carrier properly
44	44	addressed with postage or handling charges prepaid and:
45	45	(1) it bears a post office cancellation mark or a
46	46	receipt mark of a common or contract carrier indicating a time
47	47	within that period; or
48	48	(2) the person required to submit or otherwise give
49	49	the document furnishes satisfactory proof that it was deposited in
50	50	the mail or with a common or contract carrier within that period.
51	51	(b) Except as provided by Section 552.3031, when [When] this
52	52	subchapter requires an agency of this state to submit or otherwise
53	53	give to the attorney general within a specified period a request,
54	54	notice, or other writing, the requirement is met in a timely fashion
55	55	if:
56	56	(1) the request, notice, or other writing is sent to
57	57	the attorney general by interagency mail; and
58	58	(2) the agency provides evidence sufficient to
59	59	establish that the request, notice, or other writing was deposited
60	60	in the interagency mail within that period.
61	61	SECTION 3. The changes in law made by this Act apply only to
62	62	a request for public information received by a governmental body or
63	63	officer for public information on or after the effective date of
64	64	this Act.
65	65	SECTION 4. This Act takes effect September 1, 2021.