89R5687 MCK-F
By: Capriglione H.B. No. 4219
A BILL TO BE ENTITLED
AN ACT
relating to a governmental body's response to a request for public
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.221, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) If the governmental body determines it has no
information responsive to a request for information, the officer
for public information shall notify the requestor in writing not
later than the 10th business day after the date the request is
received.
(g) If a governmental body determines the requested
information is subject to a previous determination that permits or
requires the governmental body to withhold the requested
information, the officer for public information shall, not later
than the 10th business day after the date the request is received:
(1) notify the requestor in writing that the
information is being withheld; and
(2) identify in the notice the specific previous
determination the governmental body is relying on to withhold the
requested information.
SECTION 2. 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 3. The heading to Subchapter H, Chapter 552,
Government Code, is amended to read as follows:
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
SECTION 4. 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's public
information officer or the officer's designee 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 5. 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 6. This Act takes effect September 1, 2025.