88R2212 SGM-D
By: Schofield H.B. No. 4292
A BILL TO BE ENTITLED
AN ACT
relating to the entitlement of persons not residing in this state to
public information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.001(a), Government Code, is amended
to read as follows:
(a) Under the fundamental philosophy of the American
constitutional form of representative government that adheres to
the principle that government is the servant and not the master of
the people, it is the policy of this state that each person whose
primary residence is in this state is entitled, unless otherwise
expressly provided by law, at all times to complete information
about the affairs of government and the official acts of public
officials and employees. The people of this state, in delegating
authority, do not give their public servants the right to decide
what is good for the people to know and what is not good for them to
know. The people of this state insist on remaining informed so that
they may retain control over the instruments they have created. The
provisions of this chapter shall be liberally construed to
implement this policy.
SECTION 2. Section 552.021, Government Code, is amended to
read as follows:
Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public
information is available to any person whose primary residence is
in this state [the public] at a minimum during the normal business
hours of the governmental body.
SECTION 3. Subchapter B, Chapter 552, Government Code, is
amended by adding Section 552.030 to read as follows:
Sec. 552.030. REQUEST FOR INFORMATION FROM NONRESIDENT.
(a) If a governmental body receives a request for information from
a person whose primary residence is not in this state, the
governmental body may, but is not required to, respond to the
request.
(b) A governmental body may ask a requestor to provide the
physical address at which the requestor resides in order to
establish the requestor's residency. If, not later than the 10th
business day following the date the governmental body's request is
sent to the requestor, the requestor fails to provide information
establishing residency in this state, the governmental body may,
for purposes of the request, treat the requestor as a person whose
primary residence is not in this state.
SECTION 4. Section 552.221(a), Government Code, is amended
to read as follows:
(a) An officer for public information of a governmental body
shall promptly produce public information for inspection,
duplication, or both on application by any person whose primary
residence is in this state to the officer. In this subsection,
"promptly" means as soon as possible under the circumstances, that
is, within a reasonable time, without delay.
SECTION 5. Section 552.222(a), Government Code, is amended
to read as follows:
(a) The officer for public information and the officer's
agent may not make an inquiry of a requestor except:
(1) to establish proper identification;
(2) to confirm that the requestor's primary residence
is in this state; or
(3) [except] as provided by Subsection (b), (c), or
(c-1).
SECTION 6. Section 552.223, Government Code, is amended to
read as follows:
Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR
INFORMATION. The officer for public information or the officer's
agent shall treat all requests for information from persons to whom
the officer is required to produce public information under Section
552.221(a) uniformly without regard to the position or occupation
of the requestor, the person on whose behalf the request is made, or
the status of the individual as a member of the media.
SECTION 7. The changes in law made by this Act apply only to
a request for public information received by a governmental body or
officer for public information on or after the effective date of
this Act.
SECTION 8. This Act takes effect September 1, 2023.