Texas 2023 - 88th Regular

Texas Senate Bill SB1579 Compare Versions

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1	1	By: Bettencourt S.B. No. 1579
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedures under the public information law, including
7	7	expedited responses and charges for bad faith requests.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 552.2615(g), Government Code, is amended
10	10	to read as follows:
11	11	(g) The time deadlines imposed by this section do not affect
12	12	the application of a time deadline imposed on a governmental body
13	13	under Subchapter G or K.
14	14	SECTION 2. Section 552.263(e), Government Code, is amended
15	15	to read as follows:
16	16	(e) For purposes of Subchapters F, [and] G, and K, a request
17	17	for a copy of public information is considered to have been received
18	18	by a governmental body on the date the governmental body receives
19	19	the deposit or bond for payment of anticipated costs or unpaid
20	20	amounts if the governmental body's officer for public information
21	21	or the officer's agent requires a deposit or bond in accordance with
22	22	this section.
23	23	SECTION 3. Section 552.302, Government Code, is amended to
24	24	read as follows:
25	25	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
26	26	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
27	27	governmental body does not request an attorney general decision as
28	28	provided by Section 552.301 or in response to an appeal under
29	29	Subchapter K and provide the requestor with the information
30	30	required by Sections 552.301(d) and (e-1) or Section 552.405(b),
31	31	the information requested in writing is presumed to be subject to
32	32	required public disclosure and must be released unless there is a
33	33	compelling reason to withhold the information.
34	34	SECTION 4. Subchapter G, Chapter 552, Government Code, is
35	35	amended by adding Section 552.310 to read as follows:
36	36	Sec. 552.310. CHARGES FOR BAD FAITH REQUEST. (a) The
37	37	attorney general may impose a $1,000 charge to process a request for
38	38	an attorney general decision made by a governmental body that the
39	39	attorney general determines has made the request in bad faith.
40	40	(b) The attorney general may impose on a governmental body a
41	41	$500 charge for each business day that occurs after the date the
42	42	attorney general issues a written determination that the
43	43	governmental body made a request for an attorney general decision
44	44	in bad faith and before the date the governmental body provides to
45	45	the requestor all information withheld in connection with the bad
46	46	faith request.
47	47	SECTION 5. Section 552.321(a), Government Code, is amended
48	48	to read as follows:
49	49	(a) A requestor or the attorney general may file suit for a
50	50	writ of mandamus compelling a governmental body to make information
51	51	available for public inspection if the governmental body refuses to
52	52	request an attorney general's decision as provided by Subchapter G
53	53	or Section 552.405 or refuses to supply public information or
54	54	information that the attorney general has determined is public
55	55	information that is not excepted from disclosure under Subchapter
56	56	C.
57	57	SECTION 6. Section 552.352, Government Code, is amended by
58	58	adding Subsection (d) to read as follows:
59	59	(d) It is an affirmative defense to prosecution under
60	60	Subsection (a) that the defendant released information under
61	61	Subchapter K and did not release confidential information
62	62	intentionally, as defined by Section 6.03, Penal Code.
63	63	SECTION 7. Section 552.353(b), Government Code, is amended
64	64	to read as follows:
65	65	(b) It is an affirmative defense to prosecution under
66	66	Subsection (a) that the officer for public information reasonably
67	67	believed that public access to the requested information was not
68	68	required and that:
69	69	(1) the officer acted in reasonable reliance on a
70	70	court order or a written interpretation of this chapter contained
71	71	in an opinion of a court of record or of the attorney general issued
72	72	under Subchapter G;
73	73	(2) the officer requested a decision from the attorney
74	74	general in accordance with Subchapter G or Section 552.405, and the
75	75	decision is pending; or
76	76	(3) not later than the 10th calendar day after the date
77	77	of receipt of a decision by the attorney general that the
78	78	information is public, the officer or the governmental body for
79	79	whom the defendant is the officer for public information filed a
80	80	petition for a declaratory judgment against the attorney general in
81	81	a Travis County district court seeking relief from compliance with
82	82	the decision of the attorney general, as provided by Section
83	83	552.324, and the cause is pending.
84	84	SECTION 8. Chapter 552, Government Code, is amended by
85	85	adding Subchapter K to read as follows:
86	86	SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE
87	87	Sec. 552.401. APPLICABILITY. (a) This subchapter does not
88	88	apply to a request for information that may involve a person's
89	89	privacy or property interest under Section 552.305.
90	90	(b) This subchapter applies to a governmental body only if:
91	91	(1) the governmental body's officer for public
92	92	information or the officer's designee holds an active training
93	93	certificate issued under Section 552.406; and
94	94	(2) the governmental body's authorization to respond
95	95	to a request for information under this subchapter is not revoked
96	96	under Section 552.407 on the date the request is received.
97	97	Sec. 552.402. REQUEST FOR ATTORNEY GENERAL DECISION NOT
98	98	REQUIRED. Subject to Section 552.404, a governmental body that
99	99	receives a written request for information and complies with the
100	100	requirements of this subchapter may withhold any information it
101	101	makes a good faith determination is excepted from required public
102	102	disclosure under this chapter without the necessity of requesting a
103	103	decision from the attorney general under Subchapter G.
104	104	Sec. 552.403. RESPONSE REQUIREMENTS. (a) A governmental
105	105	body that withholds information under this subchapter must respond
106	106	to the requestor not later than the 10th business day after the date
107	107	the governmental body receives a written request for that
108	108	information by providing the requestor with:
109	109	(1) a list of the exceptions under Subchapter C and, if
110	110	applicable, the judicial decisions or constitutional or statutory
111	111	laws the governmental body determines are applicable to the
112	112	information being withheld;
113	113	(2) all information the governmental body determines
114	114	is not excepted from disclosure, including, if applicable,
115	115	partially redacted information with the redacted portions clearly
116	116	marked and labeled with the exceptions the governmental body relied
117	117	on to redact the information;
118	118	(3) a description of the volume and type of
119	119	information withheld; and
120	120	(4) a notice form promulgated by the attorney general
121	121	that includes, at a minimum:
122	122	(A) a unique identification number assigned by
123	123	the governmental body;
124	124	(B) a description of the appeal procedure;
125	125	(C) an appeal form the requestor must use to
126	126	appeal the withholding of information under this subchapter;
127	127	(D) a reference to the requestor's rights under
128	128	this chapter;
129	129	(E) the name of the individual who has received
130	130	training under Section 552.406; and
131	131	(F) a confirmation from the individual named in
132	132	Paragraph (E) that the individual reviewed and approved the
133	133	response.
134	134	(b) The governmental body shall retain, at a minimum, an
135	135	electronic or paper copy of the notice it provides to the requestor
136	136	under Subsection (a)(4) for the length of time the governmental
137	137	body retains the request for information.
138	138	Sec. 552.404. APPEAL. (a) On receipt of a response by a
139	139	governmental body under Section 552.403, the requestor may appeal
140	140	the withholding of information in the response not later than the
141	141	30th calendar day after the date the requestor receives the
142	142	response.
143	143	(b) The requestor must submit the appeal to the governmental
144	144	body that responded under Section 552.403 on the appeal form
145	145	provided to the requestor under Section 552.403(a)(4).
146	146	(c) The appeal is considered a new request and is subject to
147	147	the procedural requirements of Section 552.405.
148	148	(d) A governmental body may not seek to narrow or clarify an
149	149	appeal made under this section under Section 552.222(b).
150	150	(e) A governmental body may not respond to a requestor under
151	151	Section 552.232 in response to an appeal made under this section.
152	152	(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
153	153	552.130(c), 552.136(c), and 552.138(c), a governmental body must
154	154	request an attorney general decision to withhold information
155	155	described by those provisions in response to an appeal.
156	156	Sec. 552.405. REQUEST FOR ATTORNEY GENERAL DECISION IN
157	157	RESPONSE TO APPEAL. (a) Except as provided by this subchapter:
158	158	(1) an appeal made under Section 552.404 is subject to
159	159	the provisions of this chapter; and
160	160	(2) an attorney general's decision requested under
161	161	this section is considered to be a decision under Subchapter G.
162	162	(b) A governmental body that receives an appeal under
163	163	Section 552.404 shall, within a reasonable time, but not later than
164	164	the fifth business day after the date the governmental body
165	165	receives the appeal, submit to the attorney general:
166	166	(1) a request for an attorney general's decision;
167	167	(2) a copy of the original written request for
168	168	information;
169	169	(3) a signed statement as to the date on which the
170	170	written response required by Section 552.403 was provided to the
171	171	requestor, or evidence sufficient to establish that date;
172	172	(4) a copy of the appeal form received by the
173	173	governmental body;
174	174	(5) a signed statement as to the date on which the
175	175	appeal was received by the governmental body, or evidence
176	176	sufficient to establish the date;
177	177	(6) the exceptions that apply and written comments
178	178	stating the reasons why the stated exceptions apply that would
179	179	allow the information to be withheld;
180	180	(7) if the governmental body provided partially
181	181	redacted information to the requestor in its initial response under
182	182	Section 552.403, an unredacted copy of the information the
183	183	governmental body provided to the requestor with the copy clearly
184	184	marked indicating the released portions and the withheld portions
185	185	labeled with the exceptions the governmental body relied on to
186	186	withhold the information; and
187	187	(8) a copy of the specific information the
188	188	governmental body seeks to withhold, or representative samples of
189	189	the information, labeled to indicate which exceptions apply to
190	190	which parts of the copy.
191	191	(c) A governmental body that receives an appeal under
192	192	Section 552.404 shall, within a reasonable time, but not later than
193	193	the fifth business day after the date the governmental body
194	194	receives the appeal, send a copy of the comments submitted under
195	195	Subsection (b)(6) to the requestor. If the written comments
196	196	disclose or contain the substance of the information requested, the
197	197	copy of the comments provided to the requestor must be a redacted
198	198	copy.
199	199	Sec. 552.406. TRAINING. (a) The public information
200	200	officer for a governmental body that responds to a request under
201	201	this subchapter or the officer's designee must have completed in
202	202	the four years preceding the response a course of training of not
203	203	less than 16 hours regarding the responsibilities of the
204	204	governmental body under this subchapter.
205	205	(b) The attorney general shall ensure that the training is
206	206	made available. The attorney general shall maintain at least one
207	207	updated course of training that is available in an online
208	208	presentation format. The online training may be broken into
209	209	separate sections. The online training must provide a means to
210	210	verify that the trainee observed and comprehended the full online
211	211	training session or, if applicable, each section of the training.
212	212	(c) At a minimum, the training must include instruction in:
213	213	(1) the general background of the legal requirements
214	214	for the governmental body's use of this subchapter and related law;
215	215	(2) the applicability of this subchapter to
216	216	governmental bodies;
217	217	(3) the procedures and requirements for complying with
218	218	an appeal under this subchapter;
219	219	(4) the role of the attorney general under this
220	220	subchapter; and
221	221	(5) penalties and other consequences for failing to
222	222	comply with this subchapter.
223	223	(d) The office of the attorney general shall provide a
224	224	certificate to a person who completes the training required by this
225	225	section and keep records of the training certificates issued. A
226	226	governmental body shall maintain the training certificate of any
227	227	individual who provides a confirmation under Section
228	228	552.403(a)(4)(F) and make the certificate available for public
229	229	inspection.
230	230	Sec. 552.407. REVOCATION. (a) If the attorney general
231	231	determines that a governmental body failed to comply with the
232	232	requirements of this chapter, the office of the attorney general,
233	233	in its sole discretion, may revoke the governmental body's
234	234	authorization to respond under this subchapter or the training
235	235	certificate issued to an individual responsible for the
236	236	governmental body's failure.
237	237	(b) The attorney general shall create a notice of revocation
238	238	form. The attorney general shall inform a governmental body that
239	239	the attorney general has revoked the governmental body's
240	240	eligibility under Subsection (a) or an individual that the attorney
241	241	general has revoked the individual's training certificate by
242	242	sending the notice of revocation form by certified mail or by
243	243	another written method of notice that requires the return of a
244	244	receipt.
245	245	(c) The notice of revocation provided to a governmental body
246	246	must inform the governmental body of the length of time the
247	247	revocation is in effect. The length of time the governmental body's
248	248	revocation is in effect may not exceed six months from the date the
249	249	governmental body receives the notice of revocation form.
250	250	(d) The notice of revocation form provided to an individual
251	251	must inform the individual that the attorney general has revoked
252	252	the individual's training certificate under Subsection (a). The
253	253	individual must repeat the course of training under Section 552.406
254	254	to obtain a new training certificate.
255	255	(e) If an individual is employed by a governmental body when
256	256	the governmental body's authorization to respond under this
257	257	subchapter is revoked under Subsection (a), and the individual
258	258	obtains employment at a different governmental body with
259	259	authorization to respond under this subchapter, the individual may
260	260	not provide a confirmation under Section 552.403(a)(4)(F) until the
261	261	revocation period for the initial governmental body has expired.
262	262	(f) The office of the attorney general shall publish on its
263	263	Internet website:
264	264	(1) a list that provides the first and last names of
265	265	individuals who hold an active training certificate issued under
266	266	Section 552.406, the date each individual's training was completed,
267	267	and the date each individual's training certificate expires; and
268	268	(2) a list of the governmental bodies that are not
269	269	authorized to respond to a request under this subchapter because
270	270	their authorization has been revoked under Subsection (a).
271	271	Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)
272	272	For the state fiscal biennium beginning September 1, 2023, the
273	273	attorney general shall collect data detailing the number of:
274	274	(1) requests for decisions in response to appeals the
275	275	attorney general receives under Section 552.405;
276	276	(2) individuals who complete training under Section
277	277	552.406;
278	278	(3) governmental bodies that have their authorization
279	279	to respond under this subchapter revoked under Section 552.407; and
280	280	(4) individuals who have their training certificates
281	281	revoked under Section 552.407.
282	282	(b) Not later than February 1, 2025, the attorney general
283	283	shall make the data collected under Subsection (a) available on the
284	284	attorney general's Internet website for open records.
285	285	(c) This section expires September 1, 2025.
286	286	SECTION 9. The changes in law made by this Act apply only to
287	287	a request for information that is received by a governmental body on
288	288	or after the effective date of this Act. A request for information
289	289	that was received before the effective date of this Act is governed
290	290	by the law that was in effect on the date the request was received,
291	291	and the former law is continued in effect for that purpose.
292	292	SECTION 10. This Act takes effect September 1, 2023.