| 1 | 1 | | 89R2955 BEF-F |
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| 2 | 2 | | By: Canales H.B. No. 1678 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the collection and disclosure of certain public |
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| 10 | 10 | | information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 2B, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 2B.01015 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Art. 2B.01015. RECORDINGS; APPLICABILITY. (a) A reference |
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| 16 | 16 | | in this subchapter to a "recording" by a body worn camera, however |
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| 17 | 17 | | phrased, means an audio recording, a video recording, or an |
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| 18 | 18 | | audiovisual recording. |
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| 19 | 19 | | (b) Subsection (a) applies to a "body worn camera |
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| 20 | 20 | | recording," a "recording created with a body worn camera," |
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| 21 | 21 | | "information recorded by a body worn camera," "recorded |
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| 22 | 22 | | information," and any synonymous word or phrase. |
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| 23 | 23 | | SECTION 2. Section 552.101, Government Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a) |
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| 26 | 26 | | Subject to Subsection (b), information [Information] is excepted |
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| 27 | 27 | | from the requirements of Section 552.021 if it is information |
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| 28 | 28 | | considered to be confidential by law, either constitutional, |
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| 29 | 29 | | statutory, or by judicial decision. |
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| 30 | 30 | | (b) This section does not encompass: |
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| 31 | 31 | | (1) the attorney-client privilege; |
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| 32 | 32 | | (2) the work product privilege; |
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| 33 | 33 | | (3) another exception to disclosure provided by this |
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| 34 | 34 | | chapter; or |
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| 35 | 35 | | (4) a state or federal discovery privilege, including |
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| 36 | 36 | | a discovery privilege provided by the: |
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| 37 | 37 | | (A) Texas Rules of Civil Procedure; |
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| 38 | 38 | | (B) Texas Rules of Evidence; |
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| 39 | 39 | | (C) Texas Disciplinary Rules of Professional |
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| 40 | 40 | | Conduct; |
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| 41 | 41 | | (D) Federal Rules of Evidence; or |
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| 42 | 42 | | (E) Federal Rules of Civil Procedure. |
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| 43 | 43 | | SECTION 3. Section 552.108(c), Government Code, is amended |
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| 44 | 44 | | to read as follows: |
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| 45 | 45 | | (c) This section does not except basic information from the |
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| 46 | 46 | | requirements of Section 552.021 [information that is basic |
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| 47 | 47 | | information about an arrested person, an arrest, or a crime]. A |
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| 48 | 48 | | governmental body shall promptly release basic information |
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| 49 | 49 | | responsive to a request made under this chapter unless the |
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| 50 | 50 | | governmental body seeks to withhold the information as provided by |
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| 51 | 51 | | another provision of this chapter, and regardless of whether the |
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| 52 | 52 | | governmental body requests an attorney general decision under |
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| 53 | 53 | | Subchapter G regarding other information subject to the request. |
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| 54 | 54 | | SECTION 4. Section 552.302, Government Code, is amended to |
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| 55 | 55 | | read as follows: |
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| 56 | 56 | | Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY |
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| 57 | 57 | | GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a) |
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| 58 | 58 | | Subject to Subsection (b), if [If] a governmental body does not |
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| 59 | 59 | | request an attorney general decision as provided by Section 552.301 |
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| 60 | 60 | | and provide the requestor with the information required by Sections |
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| 61 | 61 | | 552.301(d) and (e-1), the information requested in writing is |
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| 62 | 62 | | presumed to be subject to required public disclosure and must be |
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| 63 | 63 | | released unless there is a compelling reason to withhold the |
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| 64 | 64 | | information. |
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| 65 | 65 | | (b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, |
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| 66 | 66 | | 552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144, |
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| 67 | 67 | | 552.146, 552.153(b)(1), and 552.154 do not constitute compelling |
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| 68 | 68 | | reasons for a governmental body that fails to comply with the |
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| 69 | 69 | | requirements of Section 552.301 to withhold information under |
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| 70 | 70 | | Subsection (a). |
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| 71 | 71 | | (c) The exclusion of an exception to disclosure from the |
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| 72 | 72 | | list in Subsection (b) does not create a presumption that the |
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| 73 | 73 | | exception constitutes a compelling reason for a governmental body |
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| 74 | 74 | | to withhold information under Subsection (a). |
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| 75 | 75 | | SECTION 5. Section 118.011(e), Local Government Code, is |
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| 76 | 76 | | amended to read as follows: |
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| 77 | 77 | | (e) A county clerk who provides a copy in a format other than |
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| 78 | 78 | | paper of a record maintained by the clerk shall provide the copy and |
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| 79 | 79 | | charge a fee in accordance with Section [Sections 552.231 and] |
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| 80 | 80 | | 552.262, Government Code. |
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| 81 | 81 | | SECTION 6. Section 552.231, Government Code, is repealed. |
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| 82 | 82 | | SECTION 7. The changes in law made by this Act apply only to |
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| 83 | 83 | | a request for public information received on or after the effective |
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| 84 | 84 | | date of this Act. |
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| 85 | 85 | | SECTION 8. This Act takes effect September 1, 2025. |
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