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Texas House Bill HB3033

Texas 2023 - 88th Regular

Texas House Bill HB3033 Compare Versions

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11 H.B. No. 3033
22
33
44 AN ACT
55 relating to the public information law.
66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
77 SECTION 1. Subchapter A, Chapter 552, Government Code, is
88 amended by adding Section 552.0031 to read as follows:
99 Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by
1010 this section, in this chapter "business day" means a day other than:
1111 (1) a Saturday or Sunday;
1212 (2) a national holiday under Section 662.003(a); or
1313 (3) a state holiday under Section 662.003(b).
1414 (b) The fact that an employee works from an alternative work
1515 site does not affect whether a day is considered a business day
1616 under this chapter.
1717 (c) An optional holiday under Section 662.003(c) is not a
1818 business day of a governmental body if the officer for public
1919 information of the governmental body observes the optional holiday.
2020 (d) A holiday established by the governing body of an
2121 institution of higher education under Section 662.011(a) is not a
2222 business day of the institution of higher education.
2323 (e) The Friday before or Monday after a holiday described by
2424 Subsection (a)(2) or (3) is not a business day of a governmental
2525 body if the holiday occurs on a Saturday or Sunday and the
2626 governmental body observes the holiday on that Friday or Monday.
2727 (f) Subject to the requirements of this subsection, a
2828 governmental body may designate a day on which the governmental
2929 body's administrative offices are closed or operating with minimum
3030 staffing as a nonbusiness day. The designation of a nonbusiness day
3131 for an independent school district must be made by the board of
3232 trustees. The designation of a nonbusiness day for a governmental
3333 body other than an independent school district must be made by the
3434 executive director or other chief administrative officer. A
3535 governmental body may designate not more than 10 nonbusiness days
3636 under this subsection each calendar year.
3737 SECTION 2. Section 552.012, Government Code, is amended by
3838 adding Subsection (b-1) to read as follows:
3939 (b-1) The attorney general may require each public official
4040 of a governmental body to complete the course of training if the
4141 attorney general determines that the governmental body has failed
4242 to comply with a requirement of this chapter. The attorney general
4343 must notify each public official in writing of the attorney
4444 general's determination and the requirement to complete the
4545 training. A public official who receives notice from the attorney
4646 general under this subsection must complete the training not later
4747 than the 60th day after the date the official receives the notice.
4848 SECTION 3. Section 552.103, Government Code, is amended by
4949 adding Subsection (d) to read as follows:
5050 (d) The exception to disclosure provided by this section
5151 does not apply to information requested under this chapter if:
5252 (1) the information relates to a general, primary, or
5353 special election, as those terms are defined by Section 1.005,
5454 Election Code;
5555 (2) the information is in the possession of a
5656 governmental body that administers elections described by
5757 Subdivision (1); and
5858 (3) the governmental body described by Subdivision (2)
5959 is not a governmental body described by Section 552.003(1)(A)(i).
6060 SECTION 4. Section 552.108(c), Government Code, is amended
6161 to read as follows:
6262 (c) This section does not except from the requirements of
6363 Section 552.021 information that is basic information about an
6464 arrested person, an arrest, or a crime. A governmental body shall
6565 promptly release basic information responsive to a request made
6666 under this chapter unless the governmental body seeks to withhold
6767 the information as provided by another provision of this chapter,
6868 and regardless of whether the governmental body requests an
6969 attorney general decision under Subchapter G regarding other
7070 information subject to the request.
7171 SECTION 5. Subchapter C, Chapter 552, Government Code, is
7272 amended by adding Section 552.163 to read as follows:
7373 Sec. 552.163. EXCEPTION: CONFIDENTIALITY OF CERTAIN
7474 ATTORNEY GENERAL SETTLEMENT NEGOTIATIONS. (a) In this section,
7575 "attorney general settlement communication" means documentary
7676 materials or information collected, assembled, drafted, developed,
7777 used, received, or maintained by or on behalf of the attorney
7878 general with respect to an investigation or litigation conducted
7979 under Subchapter E, Chapter 17, Business & Commerce Code, and that
8080 reflects or is regarding negotiations made for the purpose of
8181 achieving a resolution of a matter without the need for continuing
8282 with litigation or trial.
8383 (b) An attorney general settlement communication is
8484 privileged and not subject to disclosure under this chapter from
8585 the date the attorney general's investigation begins, as indicated
8686 in the attorney general's case management records, until the
8787 earlier of:
8888 (1) the 90th day after the date settlement discussions
8989 are terminated; or
9090 (2) the earliest of the date:
9191 (A) the case is reported closed in the attorney
9292 general's case management records;
9393 (B) the final judgment, assurance of voluntary
9494 compliance, or other settlement agreement is entered by the court,
9595 and the period for filing a notice of appeal has passed;
9696 (C) the settlement documents are executed by all
9797 parties, if the documents are not filed in court;
9898 (D) the order of dismissal or nonsuit disposing
9999 of all parties is entered by the court; or
100100 (E) all appeals are finalized.
101101 (c) For the purpose of this section, a settlement
102102 communication does not include a document attached to or referenced
103103 in a delivered settlement proposal that is subject to disclosure
104104 under this chapter.
105105 SECTION 6. Section 552.271, Government Code, is amended by
106106 adding Subsection (e) to read as follows:
107107 (e) A requestor who has exceeded a limit established by a
108108 governmental body under Section 552.275 may not inspect public
109109 information on behalf of another requestor unless the requestor who
110110 exceeded the limit has paid each statement issued by the
111111 governmental body under Section 552.275(e).
112112 SECTION 7. Section 552.272, Government Code, is amended by
113113 adding Subsection (f) to read as follows:
114114 (f) A requestor who has exceeded a limit established by a
115115 governmental body under Section 552.275 may not inspect public
116116 information on behalf of another requestor unless the requestor who
117117 exceeded the limit has paid each statement issued by the
118118 governmental body under Section 552.275(e).
119119 SECTION 8. Section 552.275, Government Code, is amended by
120120 amending Subsections (d), (g), and (h) and adding Subsections (n)
121121 and (o) to read as follows:
122122 (d) If a governmental body establishes a time limit under
123123 Subsection (a), each time the governmental body complies with a
124124 request for public information, the governmental body shall provide
125125 the requestor with a written statement of the amount of personnel
126126 time spent complying with that request and the cumulative amount of
127127 time spent complying with requests for public information from that
128128 requestor during the applicable monthly or yearly period. The
129129 amount of time spent preparing the written statement may not be
130130 included in the amount of time included in the statement provided to
131131 the requestor under this subsection unless the requestor's time
132132 limit for the period has been exceeded.
133133 (g) If a governmental body provides a requestor with a [the]
134134 written statement under Subsection (e) or (o) and the time limits
135135 prescribed by Subsection (a) regarding the requestor have been
136136 exceeded, the governmental body is not required to produce public
137137 information for inspection or duplication or to provide copies of
138138 public information in response to the requestor's request unless on
139139 or before the 10th day after the date the governmental body provided
140140 the written statement under that subsection, the requestor submits
141141 payment of the amount stated in the written statement provided
142142 under Subsection (e) or provides identification or submits payment
143143 as required by Subsection (o), as applicable.
144144 (h) If the requestor fails or refuses to provide
145145 identification or submit payment under Subsection (g), the
146146 requestor is considered to have withdrawn the requestor's pending
147147 request for public information.
148148 (n) A governmental body may request photo identification
149149 from a requestor for the sole purpose of establishing that the
150150 requestor has not:
151151 (1) exceeded a limit established by the governmental
152152 body under Subsection (a); and
153153 (2) concealed the requestor's identity.
154154 (o) A request for photo identification under Subsection (n)
155155 must include a statement under Subsection (e) applicable to the
156156 requestor who has exceeded a limit established by the governmental
157157 body and a statement that describes each specific reason why
158158 Subsection (n) may apply to the requestor. The governmental body
159159 shall accept as proof of a requestor's identification physical
160160 presentment of photo identification or an image of the photo
161161 identification that is transmitted electronically or through the
162162 mail. A requestor from whom a governmental body has requested photo
163163 identification under Subsection (n) may decline to provide
164164 identification and obtain the requested information by paying the
165165 charge assessed in the statement.
166166 SECTION 9. Subchapter G, Chapter 552, Government Code, is
167167 amended by adding Section 552.3031 to read as follows:
168168 Sec. 552.3031. ELECTRONIC SUBMISSION OF REQUEST FOR
169169 ATTORNEY GENERAL DECISION. (a) This section does not apply to a
170170 request for an attorney general decision made under this subchapter
171171 if:
172172 (1) the governmental body requesting the decision:
173173 (A) has fewer than 16 full-time employees; or
174174 (B) is located in a county with a population of
175175 less than 150,000;
176176 (2) the amount or format of responsive information at
177177 issue in a particular request makes use of the attorney general's
178178 electronic filing system impractical or impossible; or
179179 (3) the request is hand delivered to the office of the
180180 attorney general.
181181 (b) A governmental body that requests an attorney general
182182 decision under this subchapter must submit the request through the
183183 attorney general's designated electronic filing system.
184184 (c) The attorney general may adopt rules necessary to
185185 implement this section, including rules that define the amount or
186186 type of formatting of information described by Subsection (a)(2)
187187 that makes use of the electronic filing system impractical or
188188 impossible.
189189 SECTION 10. Section 552.306, Government Code, is amended by
190190 adding Subsections (c) and (d) to read as follows:
191191 (c) A governmental body shall as soon as practicable but
192192 within a reasonable period of time after the date the attorney
193193 general issues an opinion under Subsection (b) regarding
194194 information requested under this chapter:
195195 (1) provide the requestor of the information an
196196 itemized estimate of charges for production of the information if
197197 the estimate is required by Section 552.2615;
198198 (2) if the requested information is voluminous:
199199 (A) take the following actions if the
200200 governmental body determines that it is able to disclose the
201201 information in a single batch:
202202 (i) provide a written certified notice to
203203 the requestor and the attorney general that it is impractical or
204204 impossible for the governmental body to produce the information
205205 within a reasonable period of time;
206206 (ii) include in the notice the date and hour
207207 that the governmental body will disclose the information to the
208208 requestor, which may not be later than the 15th business day after
209209 the date the governmental body provides the notice; and
210210 (iii) produce the information at the date
211211 and time included in the notice; or
212212 (B) take the following actions if the
213213 governmental body determines that it is unable to disclose the
214214 information in a single batch:
215215 (i) provide a written certified notice to
216216 the requestor and the attorney general that it is impractical or
217217 impossible for the governmental body to produce the information
218218 within a reasonable period of time and in a single batch;
219219 (ii) include in the notice the date and hour
220220 that the governmental body will disclose the first batch of
221221 information to the requestor, which may not be later than the 15th
222222 business day after the date the governmental body provides the
223223 notice;
224224 (iii) provide a written certified notice to
225225 the requestor and the attorney general when each subsequent batch
226226 of information is disclosed to the requestor of the date and hour
227227 that the governmental body will disclose the next batch of
228228 information to the requestor, which may not be later than the 15th
229229 business day after the date the governmental body provides the
230230 notice; and
231231 (iv) produce the requested information at
232232 each date and time included in a notice;
233233 (3) produce the information if it is required to be
234234 produced;
235235 (4) notify the requestor in writing that the
236236 governmental body is withholding the information as authorized by
237237 the opinion; or
238238 (5) notify the requestor in writing that the
239239 governmental body has filed suit against the attorney general under
240240 Section 552.324 regarding the information.
241241 (d) A governmental body is presumed to have complied with
242242 the requirements of Subsection (c) if the governmental body takes
243243 an action under that subsection regarding information that is the
244244 subject of an opinion issued by the attorney general not later than
245245 the 30th day after the date the attorney general issues the opinion.
246246 SECTION 11. Section 552.308, Government Code, is amended to
247247 read as follows:
248248 Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL,
249249 INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as
250250 provided by Section 552.3031, when [When] this subchapter requires
251251 a request, notice, or other document to be submitted or otherwise
252252 given to a person within a specified period, the requirement is met
253253 in a timely fashion if the document is sent to the person by first
254254 class United States mail or common or contract carrier properly
255255 addressed with postage or handling charges prepaid and:
256256 (1) it bears a post office cancellation mark or a
257257 receipt mark of a common or contract carrier indicating a time
258258 within that period; or
259259 (2) the person required to submit or otherwise give
260260 the document furnishes satisfactory proof that it was deposited in
261261 the mail or with a common or contract carrier within that period.
262262 (b) Except as provided by Section 552.3031, when [When] this
263263 subchapter requires an agency of this state to submit or otherwise
264264 give to the attorney general within a specified period a request,
265265 notice, or other writing, the requirement is met in a timely fashion
266266 if:
267267 (1) the request, notice, or other writing is sent to
268268 the attorney general by interagency mail; and
269269 (2) the agency provides evidence sufficient to
270270 establish that the request, notice, or other writing was deposited
271271 in the interagency mail within that period.
272272 SECTION 12. Subchapter G, Chapter 552, Government Code, is
273273 amended by adding Section 552.310 to read as follows:
274274 Sec. 552.310. SEARCHABLE DATABASE. (a) The office of the
275275 attorney general shall make available on the office's Internet
276276 website an easily accessible and searchable database consisting of:
277277 (1) information identifying each request for an
278278 attorney general decision made under this subchapter; and
279279 (2) the attorney general's opinion issued for the
280280 request.
281281 (b) The database at a minimum must allow a person to search
282282 for a request or opinion described by Subsection (a) by:
283283 (1) the name of the governmental body making the
284284 request; and
285285 (2) the exception under Subchapter C that a
286286 governmental body asserts in the request applies to its request to
287287 withhold information from public disclosure.
288288 (c) The database must allow a person to view the current
289289 status of a request described by Subsection (a)(1) and an estimated
290290 timeline indicating the date each stage of review of the request
291291 will be started and completed.
292292 SECTION 13. The changes in law made by this Act to Sections
293293 552.103, 552.271, 552.272, and 552.275, Government Code, apply only
294294 to a request for information that is received by a governmental body
295295 or an officer for public information on or after the effective date
296296 of this Act. A request for information that was received before the
297297 effective date of this Act is governed by the law in effect on the
298298 date the request was received, and the former law is continued in
299299 effect for that purpose.
300300 SECTION 14. Section 552.3031, Government Code, as added by
301301 this Act, and Section 552.306, Government Code, as amended by this
302302 Act, apply to a request for an attorney general decision made under
303303 Subchapter G, Chapter 552, of that code on or after the effective
304304 date of this Act. A request for an attorney general decision made
305305 before the effective date of this Act is governed by the law in
306306 effect on the date the request was made, and the former law is
307307 continued in effect for that purpose.
308308 SECTION 15. As soon as practicable, but not later than
309309 January 1, 2024, the office of the attorney general shall make the
310310 database required by Section 552.310, Government Code, as added by
311311 this Act, available on the office's Internet website.
312312 SECTION 16. This Act takes effect September 1, 2023.
313313 ______________________________ ______________________________
314314 President of the Senate Speaker of the House
315315 I certify that H.B. No. 3033 was passed by the House on May 6,
316316 2023, by the following vote: Yeas 134, Nays 1, 1 present, not
317317 voting; and that the House concurred in Senate amendments to H.B.
318318 No. 3033 on May 26, 2023, by the following vote: Yeas 133, Nays 1,
319319 1 present, not voting.
320320 ______________________________
321321 Chief Clerk of the House
322322 I certify that H.B. No. 3033 was passed by the Senate, with
323323 amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
324324 0.
325325 ______________________________
326326 Secretary of the Senate
327327 APPROVED: __________________
328328 Date
329329 __________________
330330 Governor