Texas 2023 - 88th Regular

Texas House Bill HB3334 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8702 BEF-F
2	2	By: Canales H.B. No. 3334
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and disclosure of certain public
8	8	information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.101, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a)
13	13	Subject to Subsection (b), information [Information] is excepted
14	14	from the requirements of Section 552.021 if it is information
15	15	considered to be confidential by law, either constitutional,
16	16	statutory, or by judicial decision.
17	17	(b) This section does not encompass:
18	18	(1) the attorney-client privilege;
19	19	(2) the work product privilege;
20	20	(3) another exception to disclosure provided by this
21	21	chapter; or
22	22	(4) a state or federal discovery privilege, including
23	23	a discovery privilege provided by the:
24	24	(A) Texas Rules of Civil Procedure;
25	25	(B) Texas Rules of Evidence;
26	26	(C) Texas Disciplinary Rules of Professional
27	27	Conduct;
28	28	(D) Federal Rules of Evidence; or
29	29	(E) Federal Rules of Civil Procedure.
30	30	SECTION 2. Section 552.108(c), Government Code, is amended
31	31	to read as follows:
32	32	(c) This section does not except basic information from the
33	33	requirements of Section 552.021 [information that is basic
34	34	information about an arrested person, an arrest, or a crime].
35	35	SECTION 3. Section 552.302, Government Code, is amended to
36	36	read as follows:
37	37	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
38	38	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a)
39	39	Subject to Subsection (b), if [If] a governmental body does not
40	40	request an attorney general decision as provided by Section 552.301
41	41	and provide the requestor with the information required by Sections
42	42	552.301(d) and (e-1), the information requested in writing is
43	43	presumed to be subject to required public disclosure and must be
44	44	released unless there is a compelling reason to withhold the
45	45	information.
46	46	(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108,
47	47	552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144,
48	48	552.146, 552.153(b)(1), and 552.154 do not constitute compelling
49	49	reasons for a governmental body that fails to comply with the
50	50	requirements of Section 552.301 to withhold information under
51	51	Subsection (a).
52	52	(c) The exclusion of an exception to disclosure from the
53	53	list in Subsection (b) does not create a presumption that the
54	54	exception constitutes a compelling reason for a governmental body
55	55	to withhold information under Subsection (a).
56	56	SECTION 4. Section 118.011(e), Local Government Code, is
57	57	amended to read as follows:
58	58	(e) A county clerk who provides a copy in a format other than
59	59	paper of a record maintained by the clerk shall provide the copy and
60	60	charge a fee in accordance with Section [Sections 552.231 and]
61	61	552.262, Government Code.
62	62	SECTION 5. Section 1701.651(1), Occupations Code, is
63	63	amended to read as follows:
64	64	(1) "Body worn camera" means a recording device that
65	65	is:
66	66	(A) capable of recording video [,] or
67	67	transmitting video to be recorded remotely [, video or audio]; and
68	68	(B) worn on the person of a peace officer, which
69	69	includes being attached to the officer's clothing or worn as
70	70	glasses.
71	71	SECTION 6. Section 552.231, Government Code, is repealed.
72	72	SECTION 7. The changes in law made by this Act apply only to
73	73	a request for public information received on or after the effective
74	74	date of this Act.
75	75	SECTION 8. This Act takes effect September 1, 2023.