By: Moody H.B. No. 3167
A BILL TO BE ENTITLED
AN ACT
relating to the production of public information under the public
information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 552, Government Code, is
amended by adding Section 552.276 to read as follows:
Sec. 552.276. VEXATIOUS REQUESTORS. (a) “Vexatious
requestor” means a requestor, or the requestor’s agent, servant,
employee, or contractor, who submits repeated requests that the
governmental body has reason to believe are intended to
unreasonably burden or disrupt the official business of the
governmental body.
(b) A governmental body may request an opinion from the
attorney general for relief from a requestor that the governmental
body alleges is a vexatious requestor. The opinion request shall
detail the conduct which the governmental body alleges demonstrates
a vexatious history of requests, including, but not limited to:
(1) the total number of requests filed or pending with
the governmental body;
(2) the total number of complaints against the
governmental body filed with the attorney general by the requestor;
(3) the scope of the requests;
(4) the nature, content, language, or subject matter
of the requests;
(5) the nature, content, language, or subject matter
of other oral and written communications to the governmental body
from the requestor, including requests for monetary relief or
litigation settlement; or
(6) a pattern of conduct that amounts to an abuse of
the right to access information under the Public Information Act or
interferes with the official business of the governmental body.
(c) Upon receipt of the opinion request, the attorney
general shall promptly issue a written opinion, determining whether
the requestor is a vexatious requestor and what relief, if any,
should be given to the governmental body. The attorney general
shall render a decision not later than the 45th business day after
the date the attorney general received the request for an opinion.
(d) The attorney general may provide appropriate relief
commensurate with the vexatious conduct, including, but not limited
to, a decision that the governmental body is not required to comply
with future requests from the vexatious requestor for a specified
period of time, not to exceed one (1) year.
(e) The requestor or the governmental body may appeal a
decision of the attorney general under this subsection to a
district court for the county in which the main offices of the
governmental body are located.
(f) If the attorney general determines a requestor is not a
vexatious requestor and the governmental body does not appeal that
decision, for the purposes of Section 552.301 of this chapter the
request will be considered received upon the date the governmental
body receives the attorney general’s decision.
(g) If a requestor has been determined by the attorney
general to be a vexatious requestor in accordance with the
provisions above, and the governmental body has reason to believe
that the vexatious requestor is continuing to submit requests
anonymously or under a pseudonym, the governmental body is
authorized to request photo identification from the requestor
before the governmental body complies with the request. If the
identification shows the individual was not previously determined
to be a vexatious requestor, the governmental body must treat the
requestor the same as all other requestors. For the purposes of
Section 552.301 of this chapter, the request will be considered
received upon the date the governmental body receives the
individual’s photo identification. If the identification shows the
requestor was previously determined to be a vexatious requestor,
the relief provided to the governmental body by the attorney
general with respect to the vexatious requestor shall also apply to
the requests submitted anonymously or under a pseudonym. If the
requestor fails to provide photo identification or request relief
in accordance with subsection (h) from the attorney general within
ten (10) business days of the governmental body’s request for
identification, the request is considered withdrawn.
(h) If the governmental body requests photo identification
because the governmental body has reason to believe the requestor
is a previously determined vexatious requestor, the requestor may
submit the governmental body’s request for photo identification to
the attorney general within ten (10) business days of receiving the
photo identification request and request relief from the attorney
general by offering proof to the attorney general that they are not
a previously determined vexatious requestor. The attorney general,
but not the governmental body, may then request additional proof
from the requestor to establish the identity of anonymous
requestors. Within forty-five (45) business days of receiving the
notice from the requestor, the attorney general shall issue a
determination to the governmental body and the requestor of whether
the requestor is a previously determined vexatious requestor. If
the attorney general establishes by a preponderance of the evidence
that the requestor is not a previously determined vexatious
requestor, the governmental body must treat the requestor the same
as all other requestors. For the purposes of Section 552.301 of this
chapter, the request will be considered received upon the date the
governmental body receives the attorney general’s determination.
SECTION 2. Subchapter F, Chapter 552, Government Code, is
amended by adding subsection (e) to Section 552.271 to read as
follows:
(e) A requestor who has exceeded the time limit established
by a governmental body under Section 552.275 of this chapter may not
inspect records on someone else’s behalf. If the requestor intends
to remain anonymous, the requestor must pay the governmental body
the attorney general approved costs of obtaining copies.
SECTION 3. Subchapter F, Chapter 552, Government Code, is
amended by adding subsection (f) to Section 552.272 to read as
follows:
(f) A requestor who has exceeded the time limit established
by a governmental body under Section 552.275 of this chapter may not
inspect records on someone else’s behalf. If the requestor intends
to remain anonymous, the requestor must pay the governmental body
the attorney general approved costs of obtaining copies.
SECTION 4. The changes in law made by this Act apply only to
a request for information that is received by a governmental body or
an officer for public information on or after the effective date of
this Act. A request for information that was received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.