| 1 | 1 | | 88R715 SGM-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 43 |
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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 business days for purposes of the public information |
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| 8 | 8 | | law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 552, Government Code, is |
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| 11 | 11 | | amended by adding Section 552.0031 to read as follows: |
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| 12 | 12 | | Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by |
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| 13 | 13 | | this section, in this chapter "business day" means a day other than: |
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| 14 | 14 | | (1) a Saturday or Sunday; |
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| 15 | 15 | | (2) a national holiday under Section 662.003(a); or |
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| 16 | 16 | | (3) a state holiday under Section 662.003(b). |
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| 17 | 17 | | (b) An optional holiday under Section 662.003(c) is not a |
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| 18 | 18 | | business day of a governmental body if the officer for public |
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| 19 | 19 | | information of the governmental body observes the optional holiday. |
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| 20 | 20 | | (c) A holiday established by the governing body of an |
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| 21 | 21 | | institution of higher education under Section 662.011(a) is not a |
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| 22 | 22 | | business day of the institution of higher education. |
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| 23 | 23 | | (d) The Friday before or Monday after a holiday described by |
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| 24 | 24 | | Subsection (a)(2) or (3) is not a business day of a governmental |
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| 25 | 25 | | body if the holiday occurs on a Saturday or Sunday and the |
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| 26 | 26 | | governmental body observes the holiday on that Friday or Monday. |
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| 27 | 27 | | (e) Subject to the requirements of this subsection, a |
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| 28 | 28 | | governmental body may designate a day on which the governmental |
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| 29 | 29 | | body's administrative offices are closed or operating with minimum |
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| 30 | 30 | | staffing as a nonbusiness day. The designation of a nonbusiness day |
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| 31 | 31 | | for an independent school district must be made by the board of |
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| 32 | 32 | | trustees. The designation of a nonbusiness day for a governmental |
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| 33 | 33 | | body other than an independent school district must be made by the |
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| 34 | 34 | | executive director or other chief administrative officer. A |
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| 35 | 35 | | governmental body may designate not more than 10 nonbusiness days |
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| 36 | 36 | | under this subsection each calendar year. A governmental body |
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| 37 | 37 | | shall make a good faith effort to post advance notice of the |
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| 38 | 38 | | nonbusiness days designated under this subsection on the |
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| 39 | 39 | | governmental body's Internet website. |
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| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
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| 41 | 41 | | to a request for public information received by a governmental body |
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| 42 | 42 | | or officer for public information on or after the effective date of |
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| 43 | 43 | | this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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