Texas 2021 - 87th Regular

Texas Senate Bill SB1492 Compare Versions

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

Old	New	Differences
1	1	87R4571 SGM-F
2	2	By: Bettencourt S.B. No. 1492
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an expedited response by a governmental body to a
8	8	request for public information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.2615(g), Government Code, is amended
11	11	to read as follows:
12	12	(g) The time deadlines imposed by this section do not affect
13	13	the application of a time deadline imposed on a governmental body
14	14	under Subchapter G or K.
15	15	SECTION 2. Section 552.263(e), Government Code, is amended
16	16	to read as follows:
17	17	(e) For purposes of Subchapters F, [and] G, and K, a request
18	18	for a copy of public information is considered to have been received
19	19	by a governmental body on the date the governmental body receives
20	20	the deposit or bond for payment of anticipated costs or unpaid
21	21	amounts if the governmental body's officer for public information
22	22	or the officer's agent requires a deposit or bond in accordance with
23	23	this section.
24	24	SECTION 3. Section 552.302, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
27	27	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
28	28	governmental body does not request an attorney general decision as
29	29	provided by Section 552.301 or in response to an appeal under
30	30	Subchapter K and provide the requestor with the information
31	31	required by Sections 552.301(d) and (e-1) or Section 552.405(b),
32	32	the information requested in writing is presumed to be subject to
33	33	required public disclosure and must be released unless there is a
34	34	compelling reason to withhold the information.
35	35	SECTION 4. Section 552.321(a), Government Code, is amended
36	36	to read as follows:
37	37	(a) A requestor or the attorney general may file suit for a
38	38	writ of mandamus compelling a governmental body to make information
39	39	available for public inspection if the governmental body refuses to
40	40	request an attorney general's decision as provided by Subchapter G
41	41	or Section 552.405 or refuses to supply public information or
42	42	information that the attorney general has determined is public
43	43	information that is not excepted from disclosure under Subchapter
44	44	C.
45	45	SECTION 5. Section 552.352, Government Code, is amended by
46	46	adding Subsection (d) to read as follows:
47	47	(d) It is an affirmative defense to prosecution under
48	48	Subsection (a) that the defendant released information under
49	49	Subchapter K and did not release confidential information
50	50	intentionally, as defined by Section 6.03, Penal Code.
51	51	SECTION 6. Section 552.353(b), Government Code, is amended
52	52	to read as follows:
53	53	(b) It is an affirmative defense to prosecution under
54	54	Subsection (a) that the officer for public information reasonably
55	55	believed that public access to the requested information was not
56	56	required and that:
57	57	(1) the officer acted in reasonable reliance on a
58	58	court order or a written interpretation of this chapter contained
59	59	in an opinion of a court of record or of the attorney general issued
60	60	under Subchapter G;
61	61	(2) the officer requested a decision from the attorney
62	62	general in accordance with Subchapter G or Section 552.405, and the
63	63	decision is pending; or
64	64	(3) not later than the 10th calendar day after the date
65	65	of receipt of a decision by the attorney general that the
66	66	information is public, the officer or the governmental body for
67	67	whom the defendant is the officer for public information filed a
68	68	petition for a declaratory judgment against the attorney general in
69	69	a Travis County district court seeking relief from compliance with
70	70	the decision of the attorney general, as provided by Section
71	71	552.324, and the cause is pending.
72	72	SECTION 7. Chapter 552, Government Code, is amended by
73	73	adding Subchapter K to read as follows:
74	74	SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE
75	75	Sec. 552.401. APPLICABILITY. (a) This subchapter does not
76	76	apply to a request for information that may involve a person's
77	77	privacy or property interest under Section 552.305.
78	78	(b) This subchapter applies to a governmental body only if:
79	79	(1) the governmental body's officer for public
80	80	information or the officer's designee holds an active training
81	81	certificate issued under Section 552.406; and
82	82	(2) the governmental body's authorization to respond
83	83	to a request for information under this subchapter is not revoked
84	84	under Section 552.407 on the date the request is received.
85	85	Sec. 552.402. REQUEST FOR ATTORNEY GENERAL DECISION NOT
86	86	REQUIRED. Subject to Section 552.404, a governmental body that
87	87	receives a written request for information and complies with the
88	88	requirements of this subchapter may withhold any information it
89	89	makes a good faith determination is excepted from required public
90	90	disclosure under this chapter without the necessity of requesting a
91	91	decision from the attorney general under Subchapter G.
92	92	Sec. 552.403. RESPONSE REQUIREMENTS. (a) A governmental
93	93	body that withholds information under this subchapter must respond
94	94	to the requestor not later than the 10th business day after the date
95	95	the governmental body receives a written request for that
96	96	information by providing the requestor with:
97	97	(1) a list of the exceptions under Subchapter C and, if
98	98	applicable, the judicial decisions or constitutional or statutory
99	99	laws the governmental body determines are applicable to the
100	100	information being withheld;
101	101	(2) all information the governmental body determines
102	102	is not excepted from disclosure, including, if applicable,
103	103	partially redacted information with the redacted portions clearly
104	104	marked and labeled with the exceptions the governmental body relied
105	105	on to redact the information;
106	106	(3) a description of the volume and type of
107	107	information withheld; and
108	108	(4) a notice form promulgated by the attorney general
109	109	that includes, at a minimum:
110	110	(A) a unique identification number assigned by
111	111	the governmental body;
112	112	(B) a description of the appeal procedure;
113	113	(C) an appeal form the requestor must use to
114	114	appeal the withholding of information under this subchapter;
115	115	(D) a reference to the requestor's rights under
116	116	this chapter;
117	117	(E) the name of the individual who has received
118	118	training under Section 552.406; and
119	119	(F) a confirmation from the individual named in
120	120	Paragraph (E) that the individual reviewed and approved the
121	121	response.
122	122	(b) The governmental body shall retain, at a minimum, an
123	123	electronic or paper copy of the notice it provides to the requestor
124	124	under Subsection (a)(4) for the length of time the governmental
125	125	body retains the request for information.
126	126	Sec. 552.404. APPEAL. (a) On receipt of a response by a
127	127	governmental body under Section 552.403, the requestor may appeal
128	128	the withholding of information in the response not later than the
129	129	30th calendar day after the date the requestor receives the
130	130	response.
131	131	(b) The requestor must submit the appeal to the governmental
132	132	body that responded under Section 552.403 on the appeal form
133	133	provided to the requestor under Section 552.403(a)(4).
134	134	(c) The appeal is considered a new request and is subject to
135	135	the procedural requirements of Section 552.405.
136	136	(d) A governmental body may not seek to narrow or clarify an
137	137	appeal made under this section under Section 552.222(b).
138	138	(e) A governmental body may not respond to a requestor under
139	139	Section 552.232 in response to an appeal made under this section.
140	140	(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
141	141	552.130(c), 552.136(c), and 552.138(c), a governmental body must
142	142	request an attorney general decision to withhold information
143	143	described by those provisions in response to an appeal.
144	144	Sec. 552.405. REQUEST FOR ATTORNEY GENERAL DECISION IN
145	145	RESPONSE TO APPEAL. (a) Except as provided by this subchapter:
146	146	(1) an appeal made under Section 552.404 is subject to
147	147	the provisions of this chapter; and
148	148	(2) an attorney general's decision requested under
149	149	this section is considered to be a decision under Subchapter G.
150	150	(b) A governmental body that receives an appeal under
151	151	Section 552.404 shall, within a reasonable time, but not later than
152	152	the fifth business day after the date the governmental body
153	153	receives the appeal, submit to the attorney general:
154	154	(1) a request for an attorney general's decision;
155	155	(2) a copy of the original written request for
156	156	information;
157	157	(3) a signed statement as to the date on which the
158	158	written response required by Section 552.403 was provided to the
159	159	requestor, or evidence sufficient to establish that date;
160	160	(4) a copy of the appeal form received by the
161	161	governmental body;
162	162	(5) a signed statement as to the date on which the
163	163	appeal was received by the governmental body, or evidence
164	164	sufficient to establish the date;
165	165	(6) the exceptions that apply and written comments
166	166	stating the reasons why the stated exceptions apply that would
167	167	allow the information to be withheld;
168	168	(7) if the governmental body provided partially
169	169	redacted information to the requestor in its initial response under
170	170	Section 552.403, an unredacted copy of the information the
171	171	governmental body provided to the requestor with the copy clearly
172	172	marked indicating the released portions and the withheld portions
173	173	labeled with the exceptions the governmental body relied on to
174	174	withhold the information; and
175	175	(8) a copy of the specific information the
176	176	governmental body seeks to withhold, or representative samples of
177	177	the information, labeled to indicate which exceptions apply to
178	178	which parts of the copy.
179	179	(c) A governmental body that receives an appeal under
180	180	Section 552.404 shall, within a reasonable time, but not later than
181	181	the fifth business day after the date the governmental body
182	182	receives the appeal, send a copy of the comments submitted under
183	183	Subsection (b)(6) to the requestor. If the written comments
184	184	disclose or contain the substance of the information requested, the
185	185	copy of the comments provided to the requestor must be a redacted
186	186	copy.
187	187	Sec. 552.406. TRAINING. (a) The public information
188	188	officer for a governmental body that responds to a request under
189	189	this subchapter or the officer's designee must have completed in
190	190	the four years preceding the response a course of training of not
191	191	less than four hours or more than six hours regarding the
192	192	responsibilities of the governmental body under this subchapter.
193	193	(b) The attorney general shall ensure that the training is
194	194	made available. The attorney general shall maintain at least one
195	195	updated course of training that is available in an online
196	196	presentation format. The online training may be broken into
197	197	separate sections. The online training must provide a means to
198	198	verify that the trainee observed and comprehended the full online
199	199	training session or, if applicable, each section of the training.
200	200	(c) At a minimum, the training must include instruction in:
201	201	(1) the general background of the legal requirements
202	202	for the governmental body's use of this subchapter and related law;
203	203	(2) the applicability of this subchapter to
204	204	governmental bodies;
205	205	(3) the procedures and requirements for complying with
206	206	an appeal under this subchapter;
207	207	(4) the role of the attorney general under this
208	208	subchapter; and
209	209	(5) penalties and other consequences for failing to
210	210	comply with this subchapter.
211	211	(d) The office of the attorney general shall provide a
212	212	certificate to a person who completes the training required by this
213	213	section and keep records of the training certificates issued. A
214	214	governmental body shall maintain the training certificate of any
215	215	individual who provides a confirmation under Section
216	216	552.403(a)(4)(F) and make the certificate available for public
217	217	inspection.
218	218	Sec. 552.407. REVOCATION. (a) If the attorney general
219	219	determines that a governmental body failed to comply with the
220	220	requirements of this chapter, the office of the attorney general,
221	221	in its sole discretion, may revoke the governmental body's
222	222	authorization to respond under this subchapter or the training
223	223	certificate issued to an individual responsible for the
224	224	governmental body's failure.
225	225	(b) The attorney general shall create a notice of revocation
226	226	form. The attorney general shall inform a governmental body that
227	227	the attorney general has revoked the governmental body's
228	228	eligibility under Subsection (a) or an individual that the attorney
229	229	general has revoked the individual's training certificate by
230	230	sending the notice of revocation form by certified mail or by
231	231	another written method of notice that requires the return of a
232	232	receipt.
233	233	(c) The notice of revocation provided to a governmental body
234	234	must inform the governmental body of the length of time the
235	235	revocation is in effect. The length of time the governmental body's
236	236	revocation is in effect may not exceed six months from the date the
237	237	governmental body receives the notice of revocation form.
238	238	(d) The notice of revocation form provided to an individual
239	239	must inform the individual that the attorney general has revoked
240	240	the individual's training certificate under Subsection (a). The
241	241	individual must repeat the course of training under Section 552.406
242	242	to obtain a new training certificate.
243	243	(e) If an individual is employed by a governmental body when
244	244	the governmental body's authorization to respond under this
245	245	subchapter is revoked under Subsection (a), and the individual
246	246	obtains employment at a different governmental body with
247	247	authorization to respond under this subchapter, the individual may
248	248	not provide a confirmation under Section 552.403(a)(4)(F) until the
249	249	revocation period for the initial governmental body has expired.
250	250	(f) The office of the attorney general shall publish on its
251	251	Internet website:
252	252	(1) a list that provides the first and last names of
253	253	individuals who hold an active training certificate issued under
254	254	Section 552.406, the date each individual's training was completed,
255	255	and the date each individual's training certificate expires; and
256	256	(2) a list of the governmental bodies that are not
257	257	authorized to respond to a request under this subchapter because
258	258	their authorization has been revoked under Subsection (a).
259	259	Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)
260	260	For the state fiscal biennium beginning September 1, 2021, the
261	261	attorney general shall collect data detailing the number of:
262	262	(1) requests for decisions in response to appeals the
263	263	attorney general receives under Section 552.405;
264	264	(2) individuals who complete training under Section
265	265	552.406;
266	266	(3) governmental bodies that have their authorization
267	267	to respond under this subchapter revoked under Section 552.407; and
268	268	(4) individuals who have their training certificates
269	269	revoked under Section 552.407.
270	270	(b) Not later than February 1, 2023, the attorney general
271	271	shall make the data collected under Subsection (a) available on the
272	272	attorney general's Internet website for open records.
273	273	(c) This section expires September 1, 2023.
274	274	SECTION 8. The changes in law made by this Act apply only to
275	275	a request for information that is received by a governmental body on
276	276	or after the effective date of this Act. A request for information
277	277	that was received before the effective date of this Act is governed
278	278	by the law that was in effect on the date the request was received,
279	279	and the former law is continued in effect for that purpose.
280	280	SECTION 9. This Act takes effect September 1, 2021.