| 1 | 1 | | 88R25566 JON-F |
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| 2 | 2 | | By: Moody H.B. No. 3167 |
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| 3 | 3 | | Substitute the following for H.B. No. 3167: |
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| 4 | 4 | | By: Turner C.S.H.B. No. 3167 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requests made under the public information law that |
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| 10 | 10 | | require a large amount of personnel time. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 552.271, Government Code, is amended by |
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| 13 | 13 | | adding Subsection (e) to read as follows: |
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| 14 | 14 | | (e) A requestor who has exceeded a limit established by a |
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| 15 | 15 | | governmental body under Section 552.275 may not inspect public |
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| 16 | 16 | | information on behalf of another requestor unless the requestor who |
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| 17 | 17 | | exceeded the limit has paid each statement issued by the |
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| 18 | 18 | | governmental body under Section 552.275(e). |
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| 19 | 19 | | SECTION 2. Section 552.272, Government Code, is amended by |
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| 20 | 20 | | adding Subsection (f) to read as follows: |
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| 21 | 21 | | (f) A requestor who has exceeded a limit established by a |
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| 22 | 22 | | governmental body under Section 552.275 may not inspect public |
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| 23 | 23 | | information on behalf of another requestor unless the requestor who |
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| 24 | 24 | | exceeded the limit has paid each statement issued by the |
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| 25 | 25 | | governmental body under Section 552.275(e). |
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| 26 | 26 | | SECTION 3. Section 552.275, Government Code, is amended by |
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| 27 | 27 | | amending Subsections (d), (g), and (h) and adding Subsections (n) |
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| 28 | 28 | | and (o) to read as follows: |
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| 29 | 29 | | (d) If a governmental body establishes a time limit under |
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| 30 | 30 | | Subsection (a), each time the governmental body complies with a |
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| 31 | 31 | | request for public information, the governmental body shall provide |
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| 32 | 32 | | the requestor with a written statement of the amount of personnel |
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| 33 | 33 | | time spent complying with that request and the cumulative amount of |
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| 34 | 34 | | time spent complying with requests for public information from that |
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| 35 | 35 | | requestor during the applicable monthly or yearly period. The |
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| 36 | 36 | | amount of time spent preparing the written statement may not be |
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| 37 | 37 | | included in the amount of time included in the statement provided to |
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| 38 | 38 | | the requestor under this subsection unless the requestor's time |
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| 39 | 39 | | limit for the period has been exceeded. |
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| 40 | 40 | | (g) If a governmental body provides a requestor with a [the] |
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| 41 | 41 | | written statement under Subsection (e) or (o) and the time limits |
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| 42 | 42 | | prescribed by Subsection (a) regarding the requestor have been |
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| 43 | 43 | | exceeded, the governmental body is not required to produce public |
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| 44 | 44 | | information for inspection or duplication or to provide copies of |
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| 45 | 45 | | public information in response to the requestor's request unless on |
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| 46 | 46 | | or before the 10th day after the date the governmental body provided |
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| 47 | 47 | | the written statement under that subsection, the requestor submits |
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| 48 | 48 | | payment of the amount stated in the written statement provided |
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| 49 | 49 | | under Subsection (e) or provides identification or submits payment |
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| 50 | 50 | | as required by Subsection (o), as applicable. |
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| 51 | 51 | | (h) If the requestor fails or refuses to provide |
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| 52 | 52 | | identification or submit payment under Subsection (g), the |
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| 53 | 53 | | requestor is considered to have withdrawn the requestor's pending |
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| 54 | 54 | | request for public information. |
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| 55 | 55 | | (n) A governmental body may request photo identification |
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| 56 | 56 | | from a requestor for the sole purpose of establishing that the |
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| 57 | 57 | | requestor has not: |
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| 58 | 58 | | (1) exceeded a limit established by the governmental |
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| 59 | 59 | | body under Subsection (a); and |
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| 60 | 60 | | (2) concealed the requestor's identity. |
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| 61 | 61 | | (o) A request for photo identification under Subsection (n) |
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| 62 | 62 | | must include a statement under Subsection (e) applicable to the |
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| 63 | 63 | | requestor who has exceeded a limit established by the governmental |
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| 64 | 64 | | body and a statement that describes each specific reason why |
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| 65 | 65 | | Subsection (n) may apply to the requestor. The governmental body |
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| 66 | 66 | | shall accept as proof of a requestor's identification physical |
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| 67 | 67 | | presentment of photo identification or an image of the photo |
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| 68 | 68 | | identification that is transmitted electronically or through the |
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| 69 | 69 | | mail. A requestor from whom a governmental body has requested photo |
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| 70 | 70 | | identification under Subsection (n) may decline to provide |
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| 71 | 71 | | identification and obtain the requested information by paying the |
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| 72 | 72 | | charge assessed in the statement. |
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| 73 | 73 | | SECTION 4. The changes in law made by this Act apply only to |
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| 74 | 74 | | a request for information that is received by a governmental body or |
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| 75 | 75 | | an officer for public information on or after the effective date of |
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| 76 | 76 | | this Act. A request for information that was received before the |
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| 77 | 77 | | effective date of this Act is governed by the law in effect on the |
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| 78 | 78 | | date the request was received, and the former law is continued in |
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| 79 | 79 | | effect for that purpose. |
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| 80 | 80 | | SECTION 5. This Act takes effect September 1, 2023. |
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