Texas 2021 - 87th Regular

Texas Senate Bill SB927 Compare Versions

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

Old	New	Differences
1	1	87R3213 SGM-F
2	2	By: Zaffirini S.B. No. 927
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a governmental body's response to a request for public
8	8	information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.221, Government Code, is amended by
11	11	adding Subsections (f) and (g) to read as follows:
12	12	(f) If the governmental body determines it has no
13	13	information responsive to a request for information, the officer
14	14	for public information shall notify the requestor in writing not
15	15	later than the 10th business day after the date the request is
16	16	received.
17	17	(g) If a governmental body determines the requested
18	18	information is subject to a previous determination that permits or
19	19	requires the governmental body to withhold the requested
20	20	information, the officer for public information shall, not later
21	21	than the 10th business day after the date the request is received:
22	22	(1) notify the requestor in writing that the
23	23	information is being withheld; and
24	24	(2) identify in the notice the specific previous
25	25	determination the governmental body is relying on to withhold the
26	26	requested information.
27	27	SECTION 2. Section 552.301(b), Government Code, is amended
28	28	to read as follows:
29	29	(b) The governmental body must ask for the attorney
30	30	general's decision and state the specific exceptions that apply
31	31	within a reasonable time but not later than the 10th business day
32	32	after the date of receiving the written request.
33	33	SECTION 3. The heading to Subchapter H, Chapter 552,
34	34	Government Code, is amended to read as follows:
35	35	SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
36	36	SECTION 4. Subchapter H, Chapter 552, Government Code, is
37	37	amended by adding Section 552.328 to read as follows:
38	38	Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
39	39	governmental body fails to respond to a requestor as required by
40	40	Section 552.221, the requestor may send a written complaint to the
41	41	attorney general.
42	42	(b) The complaint must include:
43	43	(1) the original request for information; and
44	44	(2) any correspondence received from the governmental
45	45	body in response to the request.
46	46	(c) If the attorney general determines the governmental
47	47	body improperly failed to comply with Section 552.221 in connection
48	48	with a request for which a complaint is made under this section:
49	49	(1) the attorney general shall notify the governmental
50	50	body in writing and require the governmental body to complete open
51	51	records training not later than six months after receiving the
52	52	notification;
53	53	(2) the governmental body may not assess costs to the
54	54	requestor for producing information in response to the request; and
55	55	(3) if the governmental body seeks to withhold
56	56	information in response to the request, the governmental body must:
57	57	(A) request an attorney general decision under
58	58	Section 552.301 not later than the fifth business day after the date
59	59	the governmental body receives the notification under Subdivision
60	60	(1); and
61	61	(B) release the requested information unless
62	62	there is a compelling reason to withhold the information.
63	63	SECTION 5. The changes in law made by this Act apply only to
64	64	a request for information that is received by a governmental body or
65	65	an officer for public information on or after the effective date of
66	66	this Act.
67	67	SECTION 6. This Act takes effect September 1, 2021.