BILL ANALYSIS C.S.H.B. 2248 By: Smithee Delivery of Government Efficiency Committee Report (Substituted) BACKGROUND AND PURPOSE State public information law is designed to promote transparency in government by allowing citizens to request access to public records. The bill author has informed the committee that there currently exists deficiencies in these laws relating to the lack of guidelines requiring timely responses from governmental bodies, inadequate communication about the status of requests, and the financial burdens placed on requesters who seek public information. The bill author has further informed the committee that these issues have been highlighted by recent Texas appellate court decisions, which have made it difficult for requesters to recover court costs and attorney fees, particularly when information is released just before a final judgment. C.S.H.B. 2248 addresses these issues by instituting stricter reporting requirements and deadlines for governmental bodies, creating a formal complaint procedure for requestors, and allowing requestors to recover attorneys costs and court fees in applicable situations. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Application for Public Information; Production of Public Information C.S.H.B. 2248 amends the Government Code to extend the applicability of the definition of "promptly," currently applicable only to the requirement that a governmental body's officer for public information produce for inspection, duplication, or both on application by any person, to all actions required of that officer by the provisions governing such application for and production of public information, including the actions added by bill to that provision of law, thereby requiring all such actions to be taken as soon as is possible under the circumstances, that is, within a reasonable time, without delay. C.S.H.B. 2248 requires such an officer, if the governmental body determines it has no information responsive to a request for public information, to promptly notify the requestor in writing, but not later than the 10th business day after the date the request is received. The bill requires such an officer, if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide a written notification to the requestor that does the following: notifies the requestor that the information is being withheld; and identifies in the notice the specific previous determination the governmental body is relying on to withhold the requested information. The bill requires a governmental body to provide that notification for withheld information promptly, but not later than the following: the 10th business day after the date the information is requested; or the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous certification that the officer could not produce public information for inspection or duplication within 10 business days after the date the information was requested and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information. Charge for Providing Copies of Public Information C.S.H.B. 2248 prohibits a governmental body from imposing a charge under state public information law for providing a copy of public information under the following conditions: the governmental body asked for clarification of the request under statutory provisions relating to a permissible inquiry by a governmental body to a requestor later than the 10th business day after the date the information was requested; the governmental body asked for a decision from the attorney general about whether the requested information is excepted from disclosure under state public information law and did not provide to the requestor certain required information regarding that request to the attorney general; or the attorney general issued a written opinion on whether the requested information is within one of those exceptions determining that the requested information is subject to mandatory disclosure under state public information law. Assessment of Costs of Litigation and Reasonable Attorney Fees C.S.H.B. 2248 revises the requirement for a court, in an action brought under state public information law provisions relating to a suit for writ of mandamus or declaratory judgment or injunctive relief, to assess costs of litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails by doing the following: specifying that the requirement also applies to an action brought under state public information law relating to a suit by a governmental body or parties to a suit seeking to withhold public information; including costs of litigation and reasonable attorney fees incurred by an intervening requestor who substantially prevails among the costs and fees the court must assess; and requiring the court to also assess costs of litigation and reasonable attorney fees incurred by a plaintiff or intervening requestor to whom a governmental body voluntarily releases the requested information, unless before suit is filed the body releases the information or certifies a date and hour within a reasonable time when the information will be available for inspection or duplication. The bill requires the court to assess the costs of litigation and reasonable attorney fees incurred by an intervening requestor if the requestor substantially prevails in an action brought under state public information law relating to the parties to a suit seeking to withhold public information by a person or entity other than a governmental body or officer for public information. The bill removes the prohibition against a court assessing costs of litigation or reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails in an action brought under state public information law provisions relating to a suit by a governmental body unless the court finds the action or the defense of the action was groundless in fact or law. Accordingly, the bill removes the requirement for the court, in exercising its discretion for that purpose, to consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith. These provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation. Failure to Respond to Requestor C.S.H.B. 2248 authorizes a requestor to send a written complaint to the attorney general if a governmental body fails to respond to the requestor as required under state public information law regarding an application for and the production of such information. The complaint must include the original request for information and any correspondence received from the governmental body in response to the request. The bill provides that, as follows, if the attorney general determines the governmental body improperly failed to comply with state public information law in connection with a request for which such a complaint is made: the attorney general must 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; the governmental body may not assess costs to the requestor for producing information in response to the request; and if the governmental body seeks to withhold information in response to the request, the governmental body must do the following: o request an attorney general decision about whether the requested information is excepted from disclosure under state public information law not later than the fifth business day after the date the governmental body receives the written notification from the attorney general under this provision; and o release the requested information unless there is a compelling reason to withhold the information. C.S.H.B. 2248 applies only to a request for information that is received by a governmental body or an officer for public information on or after the bill's effective date. A request for information that was received before the bill's effective date is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2248 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Application for Public Information; Production of Public Information The substitute and the introduced differ in the following ways with respect to the bill's provisions relating to applications for and the production of public information: the substitute includes a provision absent from the introduced extending the applicability of the definition of "promptly" as it currently applies to a requirement under state public information law applicable to applications for and the production of public information by making it applicable to all of those relevant provisions, including the bill's provisions; the substitute revises the introduced version's requirement for a public information officer, if the governmental body determines it has no information responsive to a request for information, to notify the requestor in writing not later than the 10th business day after the date the request is received by specifying that the officer must do so promptly, but not later than that date; and the substitute includes a provision absent from the introduced requiring a governmental body, with respect to the requirement for an public information officer to provide a written notification to the requestor if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide that notification promptly but not later than the 10th business day after the date the information is requested and also provides as an alternative to that deadline, which the introduced did not, that the notification be provided not later than the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous applicable certification and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information. Charge for Providing Copies of Public Information The substitute and the introduced both include provisions prohibiting a governmental body from imposing a charge under state public information law for providing a copy of public information under certain conditions. However, the introduced included the following among those conditions, which the substitute does not include: if the information is a report required to be filed with the governmental body under Election Code provisions relating to reporting by a candidate or officeholder, unless all of those reports filed with the governmental body during the preceding three years are available to the public on the governmental body's website; or if the officer for public information is required to make a certification under state public information law that the officer cannot produce the public information for inspection or duplication within 10 business days after the date the information is requested. Itemized Estimate of Charges After Issuance of Written Attorney General Opinion The substitute omits the provision present in the introduced that removed the requirement for a governmental body, as soon as practicable but within a reasonable period of time after the date the attorney general issues an opinion determining whether requested information is excepted from disclosure under state public information law, to provide the requestor of the information an itemized estimate of charges for production of the information if the estimate is required under such law. Assessment of Costs of Litigation and Reasonable Attorney Fees The substitute includes a provision absent from the introduced providing that the provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2248
By: Smithee
Delivery of Government Efficiency
Committee Report (Substituted)
C.S.H.B. 2248
By: Smithee
Delivery of Government Efficiency
Committee Report (Substituted)
BACKGROUND AND PURPOSE State public information law is designed to promote transparency in government by allowing citizens to request access to public records. The bill author has informed the committee that there currently exists deficiencies in these laws relating to the lack of guidelines requiring timely responses from governmental bodies, inadequate communication about the status of requests, and the financial burdens placed on requesters who seek public information. The bill author has further informed the committee that these issues have been highlighted by recent Texas appellate court decisions, which have made it difficult for requesters to recover court costs and attorney fees, particularly when information is released just before a final judgment. C.S.H.B. 2248 addresses these issues by instituting stricter reporting requirements and deadlines for governmental bodies, creating a formal complaint procedure for requestors, and allowing requestors to recover attorneys costs and court fees in applicable situations.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS Application for Public Information; Production of Public Information C.S.H.B. 2248 amends the Government Code to extend the applicability of the definition of "promptly," currently applicable only to the requirement that a governmental body's officer for public information produce for inspection, duplication, or both on application by any person, to all actions required of that officer by the provisions governing such application for and production of public information, including the actions added by bill to that provision of law, thereby requiring all such actions to be taken as soon as is possible under the circumstances, that is, within a reasonable time, without delay. C.S.H.B. 2248 requires such an officer, if the governmental body determines it has no information responsive to a request for public information, to promptly notify the requestor in writing, but not later than the 10th business day after the date the request is received. The bill requires such an officer, if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide a written notification to the requestor that does the following: notifies the requestor that the information is being withheld; and identifies in the notice the specific previous determination the governmental body is relying on to withhold the requested information. The bill requires a governmental body to provide that notification for withheld information promptly, but not later than the following: the 10th business day after the date the information is requested; or the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous certification that the officer could not produce public information for inspection or duplication within 10 business days after the date the information was requested and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information. Charge for Providing Copies of Public Information C.S.H.B. 2248 prohibits a governmental body from imposing a charge under state public information law for providing a copy of public information under the following conditions: the governmental body asked for clarification of the request under statutory provisions relating to a permissible inquiry by a governmental body to a requestor later than the 10th business day after the date the information was requested; the governmental body asked for a decision from the attorney general about whether the requested information is excepted from disclosure under state public information law and did not provide to the requestor certain required information regarding that request to the attorney general; or the attorney general issued a written opinion on whether the requested information is within one of those exceptions determining that the requested information is subject to mandatory disclosure under state public information law. Assessment of Costs of Litigation and Reasonable Attorney Fees C.S.H.B. 2248 revises the requirement for a court, in an action brought under state public information law provisions relating to a suit for writ of mandamus or declaratory judgment or injunctive relief, to assess costs of litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails by doing the following: specifying that the requirement also applies to an action brought under state public information law relating to a suit by a governmental body or parties to a suit seeking to withhold public information; including costs of litigation and reasonable attorney fees incurred by an intervening requestor who substantially prevails among the costs and fees the court must assess; and requiring the court to also assess costs of litigation and reasonable attorney fees incurred by a plaintiff or intervening requestor to whom a governmental body voluntarily releases the requested information, unless before suit is filed the body releases the information or certifies a date and hour within a reasonable time when the information will be available for inspection or duplication. The bill requires the court to assess the costs of litigation and reasonable attorney fees incurred by an intervening requestor if the requestor substantially prevails in an action brought under state public information law relating to the parties to a suit seeking to withhold public information by a person or entity other than a governmental body or officer for public information. The bill removes the prohibition against a court assessing costs of litigation or reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails in an action brought under state public information law provisions relating to a suit by a governmental body unless the court finds the action or the defense of the action was groundless in fact or law. Accordingly, the bill removes the requirement for the court, in exercising its discretion for that purpose, to consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith. These provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation. Failure to Respond to Requestor C.S.H.B. 2248 authorizes a requestor to send a written complaint to the attorney general if a governmental body fails to respond to the requestor as required under state public information law regarding an application for and the production of such information. The complaint must include the original request for information and any correspondence received from the governmental body in response to the request. The bill provides that, as follows, if the attorney general determines the governmental body improperly failed to comply with state public information law in connection with a request for which such a complaint is made: the attorney general must 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; the governmental body may not assess costs to the requestor for producing information in response to the request; and if the governmental body seeks to withhold information in response to the request, the governmental body must do the following: o request an attorney general decision about whether the requested information is excepted from disclosure under state public information law not later than the fifth business day after the date the governmental body receives the written notification from the attorney general under this provision; and o release the requested information unless there is a compelling reason to withhold the information. C.S.H.B. 2248 applies only to a request for information that is received by a governmental body or an officer for public information on or after the bill's effective date. A request for information that was received before the bill's effective date is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2248 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Application for Public Information; Production of Public Information The substitute and the introduced differ in the following ways with respect to the bill's provisions relating to applications for and the production of public information: the substitute includes a provision absent from the introduced extending the applicability of the definition of "promptly" as it currently applies to a requirement under state public information law applicable to applications for and the production of public information by making it applicable to all of those relevant provisions, including the bill's provisions; the substitute revises the introduced version's requirement for a public information officer, if the governmental body determines it has no information responsive to a request for information, to notify the requestor in writing not later than the 10th business day after the date the request is received by specifying that the officer must do so promptly, but not later than that date; and the substitute includes a provision absent from the introduced requiring a governmental body, with respect to the requirement for an public information officer to provide a written notification to the requestor if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide that notification promptly but not later than the 10th business day after the date the information is requested and also provides as an alternative to that deadline, which the introduced did not, that the notification be provided not later than the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous applicable certification and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information. Charge for Providing Copies of Public Information The substitute and the introduced both include provisions prohibiting a governmental body from imposing a charge under state public information law for providing a copy of public information under certain conditions. However, the introduced included the following among those conditions, which the substitute does not include: if the information is a report required to be filed with the governmental body under Election Code provisions relating to reporting by a candidate or officeholder, unless all of those reports filed with the governmental body during the preceding three years are available to the public on the governmental body's website; or if the officer for public information is required to make a certification under state public information law that the officer cannot produce the public information for inspection or duplication within 10 business days after the date the information is requested. Itemized Estimate of Charges After Issuance of Written Attorney General Opinion The substitute omits the provision present in the introduced that removed the requirement for a governmental body, as soon as practicable but within a reasonable period of time after the date the attorney general issues an opinion determining whether requested information is excepted from disclosure under state public information law, to provide the requestor of the information an itemized estimate of charges for production of the information if the estimate is required under such law. Assessment of Costs of Litigation and Reasonable Attorney Fees The substitute includes a provision absent from the introduced providing that the provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation.
BACKGROUND AND PURPOSE
State public information law is designed to promote transparency in government by allowing citizens to request access to public records. The bill author has informed the committee that there currently exists deficiencies in these laws relating to the lack of guidelines requiring timely responses from governmental bodies, inadequate communication about the status of requests, and the financial burdens placed on requesters who seek public information. The bill author has further informed the committee that these issues have been highlighted by recent Texas appellate court decisions, which have made it difficult for requesters to recover court costs and attorney fees, particularly when information is released just before a final judgment. C.S.H.B. 2248 addresses these issues by instituting stricter reporting requirements and deadlines for governmental bodies, creating a formal complaint procedure for requestors, and allowing requestors to recover attorneys costs and court fees in applicable situations.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Application for Public Information; Production of Public Information
C.S.H.B. 2248 amends the Government Code to extend the applicability of the definition of "promptly," currently applicable only to the requirement that a governmental body's officer for public information produce for inspection, duplication, or both on application by any person, to all actions required of that officer by the provisions governing such application for and production of public information, including the actions added by bill to that provision of law, thereby requiring all such actions to be taken as soon as is possible under the circumstances, that is, within a reasonable time, without delay.
C.S.H.B. 2248 requires such an officer, if the governmental body determines it has no information responsive to a request for public information, to promptly notify the requestor in writing, but not later than the 10th business day after the date the request is received. The bill requires such an officer, if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide a written notification to the requestor that does the following:
notifies the requestor that the information is being withheld; and
identifies in the notice the specific previous determination the governmental body is relying on to withhold the requested information.
The bill requires a governmental body to provide that notification for withheld information promptly, but not later than the following:
the 10th business day after the date the information is requested; or
the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous certification that the officer could not produce public information for inspection or duplication within 10 business days after the date the information was requested and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information.
Charge for Providing Copies of Public Information
C.S.H.B. 2248 prohibits a governmental body from imposing a charge under state public information law for providing a copy of public information under the following conditions:
the governmental body asked for clarification of the request under statutory provisions relating to a permissible inquiry by a governmental body to a requestor later than the 10th business day after the date the information was requested;
the governmental body asked for a decision from the attorney general about whether the requested information is excepted from disclosure under state public information law and did not provide to the requestor certain required information regarding that request to the attorney general; or
the attorney general issued a written opinion on whether the requested information is within one of those exceptions determining that the requested information is subject to mandatory disclosure under state public information law.
Assessment of Costs of Litigation and Reasonable Attorney Fees
C.S.H.B. 2248 revises the requirement for a court, in an action brought under state public information law provisions relating to a suit for writ of mandamus or declaratory judgment or injunctive relief, to assess costs of litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails by doing the following:
specifying that the requirement also applies to an action brought under state public information law relating to a suit by a governmental body or parties to a suit seeking to withhold public information;
including costs of litigation and reasonable attorney fees incurred by an intervening requestor who substantially prevails among the costs and fees the court must assess; and
requiring the court to also assess costs of litigation and reasonable attorney fees incurred by a plaintiff or intervening requestor to whom a governmental body voluntarily releases the requested information, unless before suit is filed the body releases the information or certifies a date and hour within a reasonable time when the information will be available for inspection or duplication.
The bill requires the court to assess the costs of litigation and reasonable attorney fees incurred by an intervening requestor if the requestor substantially prevails in an action brought under state public information law relating to the parties to a suit seeking to withhold public information by a person or entity other than a governmental body or officer for public information. The bill removes the prohibition against a court assessing costs of litigation or reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails in an action brought under state public information law provisions relating to a suit by a governmental body unless the court finds the action or the defense of the action was groundless in fact or law. Accordingly, the bill removes the requirement for the court, in exercising its discretion for that purpose, to consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith.
These provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation.
Failure to Respond to Requestor
C.S.H.B. 2248 authorizes a requestor to send a written complaint to the attorney general if a governmental body fails to respond to the requestor as required under state public information law regarding an application for and the production of such information. The complaint must include the original request for information and any correspondence received from the governmental body in response to the request. The bill provides that, as follows, if the attorney general determines the governmental body improperly failed to comply with state public information law in connection with a request for which such a complaint is made:
the attorney general must 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;
the governmental body may not assess costs to the requestor for producing information in response to the request; and
if the governmental body seeks to withhold information in response to the request, the governmental body must do the following:
o request an attorney general decision about whether the requested information is excepted from disclosure under state public information law not later than the fifth business day after the date the governmental body receives the written notification from the attorney general under this provision; and
o release the requested information unless there is a compelling reason to withhold the information.
C.S.H.B. 2248 applies only to a request for information that is received by a governmental body or an officer for public information on or after the bill's effective date. A request for information that was received before the bill's effective date is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2248 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Application for Public Information; Production of Public Information
The substitute and the introduced differ in the following ways with respect to the bill's provisions relating to applications for and the production of public information:
the substitute includes a provision absent from the introduced extending the applicability of the definition of "promptly" as it currently applies to a requirement under state public information law applicable to applications for and the production of public information by making it applicable to all of those relevant provisions, including the bill's provisions;
the substitute revises the introduced version's requirement for a public information officer, if the governmental body determines it has no information responsive to a request for information, to notify the requestor in writing not later than the 10th business day after the date the request is received by specifying that the officer must do so promptly, but not later than that date; and
the substitute includes a provision absent from the introduced requiring a governmental body, with respect to the requirement for an public information officer to provide a written notification to the requestor if the governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, to provide that notification promptly but not later than the 10th business day after the date the information is requested and also provides as an alternative to that deadline, which the introduced did not, that the notification be provided not later than the date and hour the officer certifies that the information will be available for inspection or duplication if the officer made a previous applicable certification and subsequently determines that the information is subject to a previous determination that permits or requires the governmental body to withhold the requested information.
Charge for Providing Copies of Public Information
The substitute and the introduced both include provisions prohibiting a governmental body from imposing a charge under state public information law for providing a copy of public information under certain conditions. However, the introduced included the following among those conditions, which the substitute does not include:
if the information is a report required to be filed with the governmental body under Election Code provisions relating to reporting by a candidate or officeholder, unless all of those reports filed with the governmental body during the preceding three years are available to the public on the governmental body's website; or
if the officer for public information is required to make a certification under state public information law that the officer cannot produce the public information for inspection or duplication within 10 business days after the date the information is requested.
Itemized Estimate of Charges After Issuance of Written Attorney General Opinion
The substitute omits the provision present in the introduced that removed the requirement for a governmental body, as soon as practicable but within a reasonable period of time after the date the attorney general issues an opinion determining whether requested information is excepted from disclosure under state public information law, to provide the requestor of the information an itemized estimate of charges for production of the information if the estimate is required under such law.
Assessment of Costs of Litigation and Reasonable Attorney Fees
The substitute includes a provision absent from the introduced providing that the provisions of state public information law regarding the assessment of costs of litigation and reasonable attorney fees expressly do not prohibit the parties to a suit brought under state public information law relating to civil enforcement from agreeing to assume the party's own attorney fees and costs of litigation.