88R9807 MCK-F
By: Johnson of Dallas H.B. No. 3392
A BILL TO BE ENTITLED
AN ACT
relating to access to certain litigation, law enforcement,
corrections, and prosecutorial records under the public
information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.103(c), Government Code, is amended
to read as follows:
(c) Information relating to litigation involving a
governmental body or an officer or employee of a governmental body
is excepted from disclosure under Subsection (a) only if the
litigation is pending or reasonably anticipated on the date that
the requestor applies to the officer for public information for
access to or duplication of the information. For purposes of this
section, litigation is considered reasonably anticipated only if a
person with an alleged claim, or that person's attorney, has:
(1) threatened in writing to take legal action against
the governmental body; or
(2) made a written demand for compensation as a result
of an alleged claim against the governmental body.
SECTION 2. Section 552.108, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Information described by Subsection (a)(2) or an
internal record or notation described by Subsection (b)(2) is not
excepted from the requirements of Section 552.021 in response to a
written request for the information made by:
(1) a person who is the subject of the information,
record, or notation, or the person's attorney; or
(2) if the person described by Subdivision (1) is
deceased, the person's spouse, child, or parent, an administrator
of the person's estate, or any of their attorneys.
SECTION 3. The changes in law made by this Act to Sections
552.103 and 552.108, Government Code, apply only to a request for
information that is received by a governmental body or an officer or
employee of a governmental body 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 4. This Act takes effect September 1, 2023.