88R25566 JON-F
By: Moody H.B. No. 3167
Substitute the following for H.B. No. 3167:
By: Turner C.S.H.B. No. 3167
A BILL TO BE ENTITLED
AN ACT
relating to requests made under the public information law that
require a large amount of personnel time.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.271, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) A requestor who has exceeded a limit established by a
governmental body under Section 552.275 may not inspect public
information on behalf of another requestor unless the requestor who
exceeded the limit has paid each statement issued by the
governmental body under Section 552.275(e).
SECTION 2. Section 552.272, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A requestor who has exceeded a limit established by a
governmental body under Section 552.275 may not inspect public
information on behalf of another requestor unless the requestor who
exceeded the limit has paid each statement issued by the
governmental body under Section 552.275(e).
SECTION 3. Section 552.275, Government Code, is amended by
amending Subsections (d), (g), and (h) and adding Subsections (n)
and (o) to read as follows:
(d) If a governmental body establishes a time limit under
Subsection (a), each time the governmental body complies with a
request for public information, the governmental body shall provide
the requestor with a written statement of the amount of personnel
time spent complying with that request and the cumulative amount of
time spent complying with requests for public information from that
requestor during the applicable monthly or yearly period. The
amount of time spent preparing the written statement may not be
included in the amount of time included in the statement provided to
the requestor under this subsection unless the requestor's time
limit for the period has been exceeded.
(g) If a governmental body provides a requestor with a [the]
written statement under Subsection (e) or (o) and the time limits
prescribed by Subsection (a) regarding the requestor have been
exceeded, the governmental body is not required to produce public
information for inspection or duplication or to provide copies of
public information in response to the requestor's request unless on
or before the 10th day after the date the governmental body provided
the written statement under that subsection, the requestor submits
payment of the amount stated in the written statement provided
under Subsection (e) or provides identification or submits payment
as required by Subsection (o), as applicable.
(h) If the requestor fails or refuses to provide
identification or submit payment under Subsection (g), the
requestor is considered to have withdrawn the requestor's pending
request for public information.
(n) A governmental body may request photo identification
from a requestor for the sole purpose of establishing that the
requestor has not:
(1) exceeded a limit established by the governmental
body under Subsection (a); and
(2) concealed the requestor's identity.
(o) A request for photo identification under Subsection (n)
must include a statement under Subsection (e) applicable to the
requestor who has exceeded a limit established by the governmental
body and a statement that describes each specific reason why
Subsection (n) may apply to the requestor. The governmental body
shall accept as proof of a requestor's identification physical
presentment of photo identification or an image of the photo
identification that is transmitted electronically or through the
mail. A requestor from whom a governmental body has requested photo
identification under Subsection (n) may decline to provide
identification and obtain the requested information by paying the
charge assessed in the statement.
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.