| 1 | 1 | | 88R9807 MCK-F |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 3392 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain litigation, law enforcement, |
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| 8 | 8 | | corrections, and prosecutorial records under the public |
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| 9 | 9 | | information law. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 552.103(c), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (c) Information relating to litigation involving a |
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| 14 | 14 | | governmental body or an officer or employee of a governmental body |
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| 15 | 15 | | is excepted from disclosure under Subsection (a) only if the |
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| 16 | 16 | | litigation is pending or reasonably anticipated on the date that |
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| 17 | 17 | | the requestor applies to the officer for public information for |
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| 18 | 18 | | access to or duplication of the information. For purposes of this |
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| 19 | 19 | | section, litigation is considered reasonably anticipated only if a |
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| 20 | 20 | | person with an alleged claim, or that person's attorney, has: |
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| 21 | 21 | | (1) threatened in writing to take legal action against |
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| 22 | 22 | | the governmental body; or |
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| 23 | 23 | | (2) made a written demand for compensation as a result |
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| 24 | 24 | | of an alleged claim against the governmental body. |
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| 25 | 25 | | SECTION 2. Section 552.108, Government Code, is amended by |
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| 26 | 26 | | adding Subsection (d) to read as follows: |
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| 27 | 27 | | (d) Information described by Subsection (a)(2) or an |
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| 28 | 28 | | internal record or notation described by Subsection (b)(2) is not |
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| 29 | 29 | | excepted from the requirements of Section 552.021 in response to a |
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| 30 | 30 | | written request for the information made by: |
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| 31 | 31 | | (1) a person who is the subject of the information, |
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| 32 | 32 | | record, or notation, or the person's attorney; or |
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| 33 | 33 | | (2) if the person described by Subdivision (1) is |
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| 34 | 34 | | deceased, the person's spouse, child, or parent, an administrator |
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| 35 | 35 | | of the person's estate, or any of their attorneys. |
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| 36 | 36 | | SECTION 3. The changes in law made by this Act to Sections |
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| 37 | 37 | | 552.103 and 552.108, Government Code, apply only to a request for |
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| 38 | 38 | | information that is received by a governmental body or an officer or |
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| 39 | 39 | | employee of a governmental body on or after the effective date of |
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| 40 | 40 | | this Act. A request for information that was received before the |
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| 41 | 41 | | effective date of this Act is governed by the law in effect on the |
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| 42 | 42 | | date the request was received, and the former law is continued in |
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| 43 | 43 | | effect for that purpose. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2023. |
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