Texas 2023 - 88th Regular

Texas Senate Bill SB618 Compare Versions

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1	1	88R4235 MCK-F
2	2	By: Johnson S.B. No. 618
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the public information law.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 552, Government Code, is
10	10	amended by adding Section 552.0031 to read as follows:
11	11	Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by
12	12	this section, in this chapter "business day" means a day other than:
13	13	(1) a Saturday or Sunday;
14	14	(2) a national holiday under Section 662.003(a); or
15	15	(3) a state holiday under Section 662.003(b).
16	16	(b) The fact that an employee works from an alternative work
17	17	site does not affect whether a day is considered a business day
18	18	under this chapter.
19	19	(c) An optional holiday under Section 662.003(c) is not a
20	20	business day of a governmental body if the officer for public
21	21	information of the governmental body observes the optional holiday.
22	22	(d) A holiday established by the governing body of an
23	23	institution of higher education under Section 662.011(a) is not a
24	24	business day of the institution of higher education.
25	25	(e) The Friday before or Monday after a holiday described by
26	26	Subsection (a)(2) or (3) is not a business day of a governmental
27	27	body if the holiday occurs on a Saturday or Sunday and the
28	28	governmental body observes the holiday on that Friday or Monday.
29	29	(f) Subject to the requirements of this subsection, a
30	30	governmental body may designate a day on which the governmental
31	31	body's administrative offices are closed or operating with minimum
32	32	staffing as a nonbusiness day. The designation of a nonbusiness day
33	33	for an independent school district must be made by the board of
34	34	trustees. The designation of a nonbusiness day for a governmental
35	35	body other than an independent school district must be made by the
36	36	executive director or other chief administrative officer. A
37	37	governmental body may designate not more than 10 nonbusiness days
38	38	under this subsection each calendar year. A governmental body
39	39	shall make a good faith effort to post advance notice of the
40	40	nonbusiness days designated under this subsection on the
41	41	governmental body's Internet website.
42	42	SECTION 2. Section 552.261, Government Code, is amended by
43	43	adding Subsection (f) to read as follows:
44	44	(f) A governmental body may not impose a charge under this
45	45	subchapter for providing a copy of public information if the
46	46	information is a report required to be filed with the governmental
47	47	body under Subchapter C or D, Chapter 254, Election Code, unless all
48	48	of those reports filed with the governmental body during the
49	49	preceding year are available to the public on the governmental
50	50	body's Internet website.
51	51	SECTION 3. Section 552.301(b), Government Code, is amended
52	52	to read as follows:
53	53	(b) The governmental body must ask for the attorney
54	54	general's decision and state the specific exceptions that apply
55	55	within a reasonable time but not later than the 10th business day
56	56	after the date of receiving the written request.
57	57	SECTION 4. The heading to Subchapter H, Chapter 552,
58	58	Government Code, is amended to read as follows:
59	59	SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
60	60	SECTION 5. Subchapter H, Chapter 552, Government Code, is
61	61	amended by adding Section 552.328 to read as follows:
62	62	Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
63	63	governmental body fails to respond to a requestor as required by
64	64	Section 552.221, the requestor may send a written complaint to the
65	65	attorney general.
66	66	(b) The complaint must include:
67	67	(1) the original request for information; and
68	68	(2) any correspondence received from the governmental
69	69	body in response to the request.
70	70	(c) If the attorney general determines the governmental
71	71	body improperly failed to comply with Section 552.221 in connection
72	72	with a request for which a complaint is made under this section:
73	73	(1) the attorney general shall notify the governmental
74	74	body in writing and require the governmental body to complete open
75	75	records training not later than six months after receiving the
76	76	notification;
77	77	(2) the governmental body may not assess costs to the
78	78	requestor for producing information in response to the request; and
79	79	(3) if the governmental body seeks to withhold
80	80	information in response to the request, the governmental body must:
81	81	(A) request an attorney general decision under
82	82	Section 552.301 not later than the fifth business day after the date
83	83	the governmental body receives the notification under Subdivision
84	84	(1); and
85	85	(B) release the requested information unless
86	86	there is a compelling reason to withhold the information.
87	87	SECTION 6. The changes in law made by this Act apply only to
88	88	a request for information that is received by a governmental body or
89	89	an officer for public information on or after the effective date of
90	90	this Act.
91	91	SECTION 7. This Act takes effect September 1, 2023.