Texas 2025 - 89th Regular

Texas House Bill HB2248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R23496~~ JON-F
	1	+	89R8460 JON-F
2	2		By: Smithee H.B. No. 2248
3		-	Substitute the following for H.B. No. 2248:
4		-	By: Capriglione C.S.H.B. No. 2248
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the public information law.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 552.221, Government Code, is amended by
14		-	amending Subsection (a) and adding Subsections (f), (g), and (h) to
15		-	read as follows:
16		-	(a) An officer for public information of a governmental body
17		-	shall promptly produce public information for inspection,
18		-	duplication, or both on application by any person to the officer.
19		-	In this section [subsection], "promptly" means as soon as possible
20		-	under the circumstances, that is, within a reasonable time, without
21		-	delay.
	12	+	adding Subsections (f) and (g) to read as follows:
22	13		(f) If the governmental body determines it has no
23	14		information responsive to a request for information, the officer
24		-	for public information shall ~~promptly~~ notify the requestor in
25		-	~~writing, but not~~ later than the 10th business day after the date the
26		-	~~request is~~ received.
	15	+	for public information shall notify the requestor in writing not
	16	+	later than the 10th business day after the date the request is
	17	+	received.
27	18		(g) If a governmental body determines the requested
28	19		information is subject to a previous determination that permits or
29	20		requires the governmental body to withhold the requested
30		-	information, the officer for public information shall ~~provide a~~
31		-	~~written notification to~~ the ~~requestor that does~~ the ~~following~~:
32		-	(1) ~~notifies~~ the requestor that the ~~information is~~
33		-	being withheld; and
34		-	(2) ~~identifies~~ in the notice the specific previous
	21	+	information, the officer for public information shall, not later
	22	+	than the 10th business day after the date the request is received:
	23	+	(1) notify the requestor in writing that the
	24	+	information is being withheld; and
	25	+	(2) identify in the notice the specific previous
35	26		determination the governmental body is relying on to withhold the
36	27		requested information.
37		-	(h) A governmental body shall provide a notification under
38		-	Subsection (g) promptly, but not later than:
39		-	(1) the 10th business day after the date the
40		-	information is requested; or
41		-	(2) the date and hour the officer for public
42		-	information certifies that the information will be available for
43		-	inspection or duplication if the officer made a certification under
44		-	Subsection (d) and subsequently determines that the information is
45		-	subject to a previous determination that permits or requires the
46		-	governmental body to withhold the requested information.
47	28		SECTION 2. Section 552.261, Government Code, is amended by
48	29		adding Subsection (f) to read as follows:
49	30		(f) A governmental body may not impose a charge under this
50	31		subchapter for providing a copy of public information if:
51		-	(1) the governmental body asked for clarification of
	32	+	(1) the information is a report required to be filed
	33	+	with the governmental body under Subchapter C or D, Chapter 254,
	34	+	Election Code, unless all of those reports filed with the
	35	+	governmental body during the preceding three years are available to
	36	+	the public on the governmental body's Internet website;
	37	+	(2) the officer for public information is required to
	38	+	make a certification under Section 552.221(d) that the officer
	39	+	cannot produce the public information for inspection or duplication
	40	+	within 10 business days after the date the information is
	41	+	requested;
	42	+	(3) the governmental body asked for clarification of
52	43		the request under Section 552.222 later than the 10th business day
53	44		after the date the information was requested;
54		-	(2) the governmental body asked for a decision under
	45	+	(4) the governmental body asked for a decision under
55	46		Section 552.301 with respect to the requested information and did
56	47		not provide to the requestor the information required by Section
57	48		552.301(d) or (e-1); or
58		-	(3) the attorney general issued a written opinion
	49	+	(5) the attorney general issued a written opinion
59	50		under Section 552.306(b) determining that the requested
60	51		information is subject to mandatory disclosure under this chapter.
61		-	SECTION 3. Section 552.323, Government Code, is amended to
	52	+	SECTION 3. Section 552.306(c), Government Code, is amended
	53	+	to read as follows:
	54	+	(c) A governmental body shall as soon as practicable but
	55	+	within a reasonable period of time after the date the attorney
	56	+	general issues an opinion under Subsection (b) regarding
	57	+	information requested under this chapter:
	58	+	(1) [provide the requestor of the information an
	59	+	itemized estimate of charges for production of the information if
	60	+	the estimate is required by Section 552.2615;
	61	+	[(2)] if the requested information is voluminous:
	62	+	(A) take the following actions if the
	63	+	governmental body determines that it is able to disclose the
	64	+	information in a single batch:
	65	+	(i) provide a written certified notice to
	66	+	the requestor and the attorney general that it is impractical or
	67	+	impossible for the governmental body to produce the information
	68	+	within a reasonable period of time;
	69	+	(ii) include in the notice the date and hour
	70	+	that the governmental body will disclose the information to the
	71	+	requestor, which may not be later than the 15th business day after
	72	+	the date the governmental body provides the notice; and
	73	+	(iii) produce the information at the date
	74	+	and time included in the notice; or
	75	+	(B) take the following actions if the
	76	+	governmental body determines that it is unable to disclose the
	77	+	information in a single batch:
	78	+	(i) provide a written certified notice to
	79	+	the requestor and the attorney general that it is impractical or
	80	+	impossible for the governmental body to produce the information
	81	+	within a reasonable period of time and in a single batch;
	82	+	(ii) include in the notice the date and hour
	83	+	that the governmental body will disclose the first batch of
	84	+	information to the requestor, which may not be later than the 15th
	85	+	business day after the date the governmental body provides the
	86	+	notice;
	87	+	(iii) provide a written certified notice to
	88	+	the requestor and the attorney general when each subsequent batch
	89	+	of information is disclosed to the requestor of the date and hour
	90	+	that the governmental body will disclose the next batch of
	91	+	information to the requestor, which may not be later than the 15th
	92	+	business day after the date the governmental body provides the
	93	+	notice; and
	94	+	(iv) produce the requested information at
	95	+	each date and time included in a notice;
	96	+	(2) [(3)] produce the information if it is required to
	97	+	be produced;
	98	+	(3) [(4)] notify the requestor in writing that the
	99	+	governmental body is withholding the information as authorized by
	100	+	the opinion; or
	101	+	(4) [(5)] notify the requestor in writing that the
	102	+	governmental body has filed suit against the attorney general under
	103	+	Section 552.324 regarding the information.
	104	+	SECTION 4. Section 552.323, Government Code, is amended to
62	105		read as follows:
63	106		Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
64	107		REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections
65		-	(b)~~, (c),~~ and (d), in [In] an action brought under Section 552.321,
66		-	~~[or]~~ 552.3215, 552.324, or 552.325, the court shall assess costs of
	108	+	(b) and (c), in [In] an action brought under Section 552.321, [or]
	109	+	552.3215, 552.324, or 552.325, the court shall assess costs of
67	110		litigation and reasonable attorney fees incurred by a plaintiff or
68	111		intervening requestor:
69	112		(1) who substantially prevails; or
70	113		(2) to whom a governmental body voluntarily releases
71	114		the requested information, unless before suit is filed:
72	115		(A) the body releases the information; or
73	116		(B) the body certifies a date and hour within a
74	117		reasonable time when the information will be available for
75	118		inspection or duplication.
76	119		(b) The [, except that the] court may not assess [those]
77	120		costs or [and] fees against a governmental body under Subsection
78	121		(a) if the court finds that the governmental body acted in
79	122		reasonable reliance on:
80	123		(1) a judgment or an order of a court applicable to the
81	124		governmental body;
82	125		(2) the published opinion of an appellate court; or
83	126		(3) a written decision of the attorney general,
84	127		including a decision issued under Subchapter G or an opinion issued
85	128		under Section 402.042.
86	129		(c) Notwithstanding Subsection (a), in an action brought
87	130		under Section 552.325 by a person or entity other than a
88	131		governmental body or officer for public information, the court
89	132		shall assess costs of litigation and reasonable attorney fees
90	133		incurred by an intervening requestor if the intervening requestor
91	134		substantially prevails.
92		-	(d) This section does not prohibit the parties to a suit
93		-	brought under this subchapter from agreeing to assume the party's
94		-	own attorney fees and costs of litigation.
95	135		[(b) In an action brought under Section 552.324, the court
96	136		may not assess costs of litigation or reasonable attorney's fees
97	137		incurred by a plaintiff or defendant who substantially prevails
98	138		unless the court finds the action or the defense of the action was
99	139		groundless in fact or law. In exercising its discretion under this
100	140		subsection, the court shall consider whether the conduct of the
101	141		governmental body had a reasonable basis in law and whether the
102	142		litigation was brought in good faith.]
103		-	SECTION 4. The heading to Subchapter H, Chapter 552,
	143	+	SECTION 5. The heading to Subchapter H, Chapter 552,
104	144		Government Code, is amended to read as follows:
105	145		SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
106		-	SECTION 5. Subchapter H, Chapter 552, Government Code, is
	146	+	SECTION 6. Subchapter H, Chapter 552, Government Code, is
107	147		amended by adding Section 552.328 to read as follows:
108	148		Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
109	149		governmental body fails to respond to a requestor as required by
110	150		Section 552.221, the requestor may send a written complaint to the
111	151		attorney general.
112	152		(b) The complaint must include:
113	153		(1) the original request for information; and
114	154		(2) any correspondence received from the governmental
115	155		body in response to the request.
116	156		(c) If the attorney general determines the governmental
117	157		body improperly failed to comply with Section 552.221 in connection
118	158		with a request for which a complaint is made under this section:
119	159		(1) the attorney general shall notify the governmental
120	160		body in writing and require the governmental body to complete open
121	161		records training not later than six months after receiving the
122	162		notification;
123	163		(2) the governmental body may not assess costs to the
124	164		requestor for producing information in response to the request; and
125	165		(3) if the governmental body seeks to withhold
126	166		information in response to the request, the governmental body must:
127	167		(A) request an attorney general decision under
128	168		Section 552.301 not later than the fifth business day after the date
129	169		the governmental body receives the notification under Subdivision
130	170		(1); and
131	171		(B) release the requested information unless
132	172		there is a compelling reason to withhold the information.
133		-	SECTION 6. The changes in law made by this Act apply only to
	173	+	SECTION 7. The changes in law made by this Act apply only to
134	174		a request for information that is received by a governmental body or
135	175		an officer for public information on or after the effective date of
136	176		this Act. A request for information that was received before the
137	177		effective date of this Act is governed by the law in effect on the
138	178		date the request was received, and the former law is continued in
139	179		effect for that purpose.
140		-	SECTION 7. This Act takes effect September 1, 2025.
	180	+	SECTION 8. This Act takes effect September 1, 2025.