Texas 2025 - 89th Regular

Texas House Bill HB1435 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hickland H.B. No. 1435
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to an expedited response by a governmental body to a
9	9	request for public information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 552.2615(g), Government Code, is amended
12	12	to read as follows:
13	13	(g) The time deadlines imposed by this section do not affect
14	14	the application of a time deadline imposed on a governmental body
15	15	under Subchapter G or K.
16	16	SECTION 2. Section 552.263(e), Government Code, is amended
17	17	to read as follows:
18	18	(e) For purposes of this subchapter and Subchapters [F and]
19	19	G and K, a request for a copy of public information is considered to
20	20	have been received by a governmental body on the date the
21	21	governmental body receives the deposit or bond for payment of
22	22	anticipated costs or unpaid amounts if the governmental body's
23	23	officer for public information or the officer's agent requires a
24	24	deposit or bond in accordance with this section.
25	25	SECTION 3. Section 552.302, Government Code, is amended to
26	26	read as follows:
27	27	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
28	28	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
29	29	governmental body does not request an attorney general decision as
30	30	provided by Section 552.301 or in response to an appeal under
31	31	Subchapter K and provide the requestor with the information
32	32	required by Sections 552.301(d) and (e-1) or Section 552.405(b),
33	33	the information requested in writing is presumed to be subject to
34	34	required public disclosure and must be released unless there is a
35	35	compelling reason to withhold the information.
36	36	SECTION 4. Section 552.321(a), Government Code, is amended
37	37	to read as follows:
38	38	(a) A requestor or the attorney general may file suit for a
39	39	writ of mandamus compelling a governmental body to make information
40	40	available for public inspection if the governmental body refuses to
41	41	request an attorney general's decision as provided by Subchapter G
42	42	or Section 552.405 or refuses to supply public information or
43	43	information that the attorney general has determined is public
44	44	information that is not excepted from disclosure under Subchapter
45	45	C.
46	46	SECTION 5. Section 552.352, Government Code, is amended by
47	47	adding Subsection (d) to read as follows:
48	48	(d) It is an affirmative defense to prosecution under
49	49	Subsection (a) that the defendant released information under
50	50	Subchapter K and did not release confidential information
51	51	intentionally, as defined by Section 6.03, Penal Code.
52	52	SECTION 6. Section 552.353(b), Government Code, is amended
53	53	to read as follows:
54	54	(b) It is an affirmative defense to prosecution under
55	55	Subsection (a) that the officer for public information reasonably
56	56	believed that public access to the requested information was not
57	57	required and that:
58	58	(1) the officer acted in reasonable reliance on a
59	59	court order or a written interpretation of this chapter contained
60	60	in an opinion of a court of record or of the attorney general issued
61	61	under Subchapter G;
62	62	(2) the officer requested a decision from the attorney
63	63	general in accordance with Subchapter G or Section 552.405, and the
64	64	decision is pending; or
65	65	(3) not later than the 10th calendar day after the date
66	66	of receipt of a decision by the attorney general that the
67	67	information is public, the officer or the governmental body for
68	68	whom the defendant is the officer for public information filed a
69	69	petition for a declaratory judgment against the attorney general in
70	70	a Travis County district court seeking relief from compliance with
71	71	the decision of the attorney general, as provided by Section
72	72	552.324, and the cause is pending.
73	73	SECTION 7. Chapter 552, Government Code, is amended by
74	74	adding Subchapter K to read as follows:
75	75	SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE
76	76	Sec. 552.401. APPLICABILITY. (a) This subchapter does not
77	77	apply to a request for information that may involve a person's
78	78	privacy or property interest under Section 552.305.
79	79	(b) This subchapter applies to a governmental body only if:
80	80	(1) the governmental body is a governmental body
81	81	described by Section 552.003(1)(A)(i);
82	82	(2) the governmental body's officer for public
83	83	information or the officer's designee holds an active training
84	84	certificate issued under Section 552.406; and
85	85	(3) the governmental body's authorization to respond
86	86	to a request for information under this subchapter is not revoked
87	87	under Section 552.407 on the date the request is received.
88	88	Sec. 552.402. REQUEST FOR ATTORNEY GENERAL DECISION NOT
89	89	REQUIRED. Subject to Section 552.404, a governmental body that
90	90	receives a written request for information and complies with the
91	91	requirements of this subchapter may withhold any information it
92	92	makes a good faith determination is excepted from required public
93	93	disclosure under this chapter without the necessity of requesting a
94	94	decision from the attorney general under Subchapter G.
95	95	Sec. 552.403. RESPONSE REQUIREMENTS. (a) A governmental
96	96	body that withholds information under this subchapter must respond
97	97	to the requestor not later than the 10th business day after the date
98	98	the governmental body receives a written request for that
99	99	information by providing the requestor with:
100	100	(1) a list of the exceptions under Subchapter C and, if
101	101	applicable, the judicial decisions or constitutional or statutory
102	102	laws the governmental body determines are applicable to the
103	103	information being withheld;
104	104	(2) all information the governmental body determines
105	105	is not excepted from disclosure, including, if applicable,
106	106	partially redacted information with the redacted portions clearly
107	107	marked and labeled with the exceptions the governmental body relied
108	108	on to redact the information;
109	109	(3) a description of the volume and type of
110	110	information withheld; and
111	111	(4) a notice form promulgated by the attorney general
112	112	that includes, at a minimum:
113	113	(A) a unique identification number assigned by
114	114	the governmental body;
115	115	(B) a description of the appeal procedure;
116	116	(C) an appeal form the requestor must use to
117	117	appeal the withholding of information under this subchapter;
118	118	(D) a reference to the requestor's rights under
119	119	this chapter;
120	120	(E) the name of the individual who has received
121	121	training under Section 552.406; and
122	122	(F) a confirmation from the individual named in
123	123	Paragraph (E) that the individual reviewed and approved the
124	124	response.
125	125	(b) The governmental body shall retain, at a minimum, an
126	126	electronic or paper copy of the notice it provides to the requestor
127	127	under Subsection (a)(4) for the length of time the governmental
128	128	body retains the request for information.
129	129	Sec. 552.404. APPEAL. (a) On receipt of a response by a
130	130	governmental body under Section 552.403, the requestor may appeal
131	131	the withholding of information in the response not later than the
132	132	30th calendar day after the date the requestor receives the
133	133	response.
134	134	(b) The requestor must submit the appeal to the governmental
135	135	body that responded under Section 552.403 on the appeal form
136	136	provided to the requestor under Section 552.403(a)(4).
137	137	(c) The appeal is considered a new request and is subject to
138	138	the procedural requirements of Section 552.405.
139	139	(d) A governmental body may not seek to narrow or clarify an
140	140	appeal made under this section under Section 552.222(b).
141	141	(e) A governmental body may not respond to a requestor under
142	142	Section 552.232 in response to an appeal made under this section.
143	143	(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
144	144	552.130(c), 552.136(c), and 552.138(c), a governmental body must
145	145	request an attorney general decision to withhold information
146	146	described by those provisions in response to an appeal.
147	147	Sec. 552.405. REQUEST FOR ATTORNEY GENERAL DECISION IN
148	148	RESPONSE TO APPEAL. (a) Except as provided by this subchapter:
149	149	(1) an appeal made under Section 552.404 is subject to
150	150	the provisions of this chapter; and
151	151	(2) an attorney general's decision requested under
152	152	this section is considered to be a decision under Subchapter G.
153	153	(b) A governmental body that receives an appeal under
154	154	Section 552.404 shall, within a reasonable time, but not later than
155	155	the fifth business day after the date the governmental body
156	156	receives the appeal, submit to the attorney general:
157	157	(1) a request for an attorney general's decision;
158	158	(2) a copy of the original written request for
159	159	information;
160	160	(3) a signed statement as to the date on which the
161	161	written response required by Section 552.403 was provided to the
162	162	requestor, or evidence sufficient to establish that date;
163	163	(4) a copy of the appeal form received by the
164	164	governmental body;
165	165	(5) a signed statement as to the date on which the
166	166	appeal was received by the governmental body, or evidence
167	167	sufficient to establish the date;
168	168	(6) the exceptions that apply and written comments
169	169	stating the reasons why the stated exceptions apply that would
170	170	allow the information to be withheld;
171	171	(7) if the governmental body provided partially
172	172	redacted information to the requestor in its initial response under
173	173	Section 552.403, an unredacted copy of the information the
174	174	governmental body provided to the requestor with the copy clearly
175	175	marked indicating the released portions and the withheld portions
176	176	labeled with the exceptions the governmental body relied on to
177	177	withhold the information; and
178	178	(8) a copy of the specific information the
179	179	governmental body seeks to withhold, or representative samples of
180	180	the information, labeled to indicate which exceptions apply to
181	181	which parts of the copy.
182	182	(c) A governmental body that receives an appeal under
183	183	Section 552.404 shall, within a reasonable time, but not later than
184	184	the fifth business day after the date the governmental body
185	185	receives the appeal, send a copy of the comments submitted under
186	186	Subsection (b)(6) to the requestor. If the written comments
187	187	disclose or contain the substance of the information requested, the
188	188	copy of the comments provided to the requestor must be a redacted
189	189	copy.
190	190	Sec. 552.406. TRAINING. (a) The public information
191	191	officer for a governmental body that responds to a request under
192	192	this subchapter or the officer's designee must have completed in
193	193	the four years preceding the response a course of training of not
194	194	less than four or more than six hours regarding the
195	195	responsibilities of the governmental body under this subchapter.
196	196	(b) The attorney general shall ensure that the training is
197	197	made available. The attorney general shall maintain at least one
198	198	updated course of training that is available in an online
199	199	presentation format. The online training may be broken into
200	200	separate sections. The online training must provide a means to
201	201	verify that the trainee observed and comprehended the full online
202	202	training session or, if applicable, each section of the training.
203	203	(c) At a minimum, the training must include instruction in:
204	204	(1) the general background of the legal requirements
205	205	for the governmental body's use of this subchapter and related law;
206	206	(2) the applicability of this subchapter to
207	207	governmental bodies;
208	208	(3) the procedures and requirements for complying with
209	209	an appeal under this subchapter;
210	210	(4) the role of the attorney general under this
211	211	subchapter; and
212	212	(5) penalties and other consequences for failing to
213	213	comply with this subchapter.
214	214	(d) The office of the attorney general shall provide a
215	215	certificate to a person who completes the training required by this
216	216	section and keep records of the training certificates issued. A
217	217	governmental body shall maintain the training certificate of any
218	218	individual who provides a confirmation under Section
219	219	552.403(a)(4)(F) and make the certificate available for public
220	220	inspection.
221	221	Sec. 552.407. REVOCATION. (a) If the attorney general
222	222	determines that a governmental body failed to comply with the
223	223	requirements of this chapter, the office of the attorney general,
224	224	in its sole discretion, may revoke the governmental body's
225	225	authorization to respond under this subchapter or the training
226	226	certificate issued to an individual responsible for the
227	227	governmental body's failure.
228	228	(b) The attorney general shall create a notice of revocation
229	229	form. The attorney general shall inform a governmental body that
230	230	the attorney general has revoked the governmental body's
231	231	eligibility under Subsection (a) or an individual that the attorney
232	232	general has revoked the individual's training certificate by
233	233	sending the notice of revocation form by certified mail or by
234	234	another written method of notice that requires the return of a
235	235	receipt.
236	236	(c) The notice of revocation provided to a governmental body
237	237	must inform the governmental body of the length of time the
238	238	revocation is in effect. The length of time the governmental body's
239	239	revocation is in effect may not exceed six months from the date the
240	240	governmental body receives the notice of revocation form.
241	241	(d) The notice of revocation form provided to an individual
242	242	must inform the individual that the attorney general has revoked
243	243	the individual's training certificate under Subsection (a). The
244	244	individual must repeat the course of training under Section 552.406
245	245	to obtain a new training certificate.
246	246	(e) If an individual is employed by a governmental body when
247	247	the governmental body's authorization to respond under this
248	248	subchapter is revoked under Subsection (a), and the individual
249	249	obtains employment at a different governmental body with
250	250	authorization to respond under this subchapter, the individual may
251	251	not provide a confirmation under Section 552.403(a)(4)(F) until the
252	252	revocation period for the initial governmental body has expired.
253	253	(f) The office of the attorney general shall publish on its
254	254	Internet website:
255	255	(1) a list that provides the first and last names of
256	256	individuals who hold an active training certificate issued under
257	257	Section 552.406, the date each individual's training was completed,
258	258	and the date each individual's training certificate expires; and
259	259	(2) a list of the governmental bodies that are not
260	260	authorized to respond to a request under this subchapter because
261	261	their authorization has been revoked under Subsection (a).
262	262	Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)
263	263	For the state fiscal biennium beginning September 1, 2025, the
264	264	attorney general shall collect data detailing the number of:
265	265	(1) requests for decisions in response to appeals the
266	266	attorney general receives under Section 552.405;
267	267	(2) individuals who complete training under Section
268	268	552.406;
269	269	(3) governmental bodies that have their authorization
270	270	to respond under this subchapter revoked under Section 552.407; and
271	271	(4) individuals who have their training certificates
272	272	revoked under Section 552.407.
273	273	(b) Not later than December 31, 2027, the attorney general
274	274	shall make the data collected under Subsection (a) available on the
275	275	attorney general's Internet website for open records.
276	276	(c) This section expires January 1, 2028.
277	277	SECTION 8. The changes in law made by this Act apply only to
278	278	a request for information that is received by a governmental body on
279	279	or after the effective date of this Act. A request for information
280	280	that was received before the effective date of this Act is governed
281	281	by the law that was in effect on the date the request was received,
282	282	and the former law is continued in effect for that purpose.
283	283	SECTION 9. This Act takes effect September 1, 2025.