88R4235 MCK-F
By: Johnson S.B. No. 618
A BILL TO BE ENTITLED
AN ACT
relating to the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 552, Government Code, is
amended by adding Section 552.0031 to read as follows:
Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by
this section, in this chapter "business day" means a day other than:
(1) a Saturday or Sunday;
(2) a national holiday under Section 662.003(a); or
(3) a state holiday under Section 662.003(b).
(b) The fact that an employee works from an alternative work
site does not affect whether a day is considered a business day
under this chapter.
(c) An optional holiday under Section 662.003(c) is not a
business day of a governmental body if the officer for public
information of the governmental body observes the optional holiday.
(d) A holiday established by the governing body of an
institution of higher education under Section 662.011(a) is not a
business day of the institution of higher education.
(e) The Friday before or Monday after a holiday described by
Subsection (a)(2) or (3) is not a business day of a governmental
body if the holiday occurs on a Saturday or Sunday and the
governmental body observes the holiday on that Friday or Monday.
(f) Subject to the requirements of this subsection, a
governmental body may designate a day on which the governmental
body's administrative offices are closed or operating with minimum
staffing as a nonbusiness day. The designation of a nonbusiness day
for an independent school district must be made by the board of
trustees. The designation of a nonbusiness day for a governmental
body other than an independent school district must be made by the
executive director or other chief administrative officer. A
governmental body may designate not more than 10 nonbusiness days
under this subsection each calendar year. A governmental body
shall make a good faith effort to post advance notice of the
nonbusiness days designated under this subsection on the
governmental body's Internet website.
SECTION 2. Section 552.261, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A governmental body may not impose a charge under this
subchapter for providing a copy of public information if the
information is a report required to be filed with the governmental
body under Subchapter C or D, Chapter 254, Election Code, unless all
of those reports filed with the governmental body during the
preceding year are available to the public on the governmental
body's Internet website.
SECTION 3. Section 552.301(b), Government Code, is amended
to read as follows:
(b) The governmental body must ask for the attorney
general's decision and state the specific exceptions that apply
within a reasonable time but not later than the 10th business day
after the date of receiving the written request.
SECTION 4. The heading to Subchapter H, Chapter 552,
Government Code, is amended to read as follows:
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
SECTION 5. Subchapter H, Chapter 552, Government Code, is
amended by adding Section 552.328 to read as follows:
Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
governmental body fails to respond to a requestor as required by
Section 552.221, the requestor may send a written complaint to the
attorney general.
(b) The complaint must include:
(1) the original request for information; and
(2) any correspondence received from the governmental
body in response to the request.
(c) If the attorney general determines the governmental
body improperly failed to comply with Section 552.221 in connection
with a request for which a complaint is made under this section:
(1) the attorney general shall notify the governmental
body in writing and require the governmental body to complete open
records training not later than six months after receiving the
notification;
(2) the governmental body may not assess costs to the
requestor for producing information in response to the request; and
(3) if the governmental body seeks to withhold
information in response to the request, the governmental body must:
(A) request an attorney general decision under
Section 552.301 not later than the fifth business day after the date
the governmental body receives the notification under Subdivision
(1); and
(B) release the requested information unless
there is a compelling reason to withhold the information.
SECTION 6. The changes in law made by this Act apply only to
a request for information that is received by a governmental body or
an officer for public information on or after the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2023.