| 1 | 1 | | 89R3587 GP-F |
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| 2 | 2 | | By: Canales H.B. No. 4990 |
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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 compliance with the public information law, including |
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| 10 | 10 | | establishment of an open records hotline to provide information |
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| 11 | 11 | | about the requirements of the public information law. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 552, Government Code, is |
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| 14 | 14 | | amended by adding Section 552.013 to read as follows: |
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| 15 | 15 | | Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general |
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| 16 | 16 | | shall operate an open records hotline that a member of the public or |
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| 17 | 17 | | an employee or officer of a governmental body may access by calling |
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| 18 | 18 | | a toll-free telephone number to ask any question regarding the |
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| 19 | 19 | | requirements of this chapter, including the proper procedure to |
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| 20 | 20 | | request information from a governmental body and for a governing |
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| 21 | 21 | | body to comply with this chapter. The attorney general shall |
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| 22 | 22 | | respond to the caller's questions as the attorney general considers |
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| 23 | 23 | | appropriate to promote compliance with this chapter. |
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| 24 | 24 | | SECTION 2. Subchapter E, Chapter 552, Government Code, is |
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| 25 | 25 | | amended by adding Section 552.236 to read as follows: |
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| 26 | 26 | | Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION. |
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| 27 | 27 | | (a) A person who has requested public information from a |
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| 28 | 28 | | governmental body under this chapter and believes that the |
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| 29 | 29 | | governmental body has failed to provide the information in |
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| 30 | 30 | | compliance with this chapter may file a written complaint with the |
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| 31 | 31 | | attorney general. |
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| 32 | 32 | | (b) A person filing a complaint under this section must |
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| 33 | 33 | | include with the complaint: |
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| 34 | 34 | | (1) the original request for information that is the |
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| 35 | 35 | | subject of the complaint; |
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| 36 | 36 | | (2) any correspondence received from the governmental |
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| 37 | 37 | | body that is the subject of the complaint in response to the |
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| 38 | 38 | | request; and |
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| 39 | 39 | | (3) a statement setting forth how the complainant |
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| 40 | 40 | | believes that the governmental body has failed to comply with the |
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| 41 | 41 | | requirements of this chapter. |
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| 42 | 42 | | (c) The attorney general may submit written questions |
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| 43 | 43 | | regarding the complaint to the governmental body that is the |
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| 44 | 44 | | subject of the complaint. The governmental body shall respond in |
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| 45 | 45 | | writing to the questions not later than the fifth business day after |
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| 46 | 46 | | the date the questions are received by the governmental body. |
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| 47 | 47 | | (d) The attorney general shall review each complaint filed |
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| 48 | 48 | | under this section and issue a written response to both the |
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| 49 | 49 | | complainant and the governmental body that is the subject of the |
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| 50 | 50 | | complaint not later than the 20th business day after the date the |
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| 51 | 51 | | complaint is filed with the attorney general. |
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| 52 | 52 | | SECTION 3. Section 552.269(a), Government Code, is amended |
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| 53 | 53 | | to read as follows: |
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| 54 | 54 | | (a) A person who believes the person has been overcharged |
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| 55 | 55 | | for being provided with a copy of public information may complain to |
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| 56 | 56 | | the attorney general in writing of the alleged overcharge, setting |
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| 57 | 57 | | forth the reasons why the person believes the charges are |
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| 58 | 58 | | excessive. The attorney general shall review the complaint and |
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| 59 | 59 | | make a determination in writing not later than the 10th business day |
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| 60 | 60 | | after the date the complaint is received by the attorney general as |
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| 61 | 61 | | to the appropriate charge for providing the copy of the requested |
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| 62 | 62 | | information. The governmental body shall respond to the attorney |
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| 63 | 63 | | general to any written questions asked of the governmental body by |
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| 64 | 64 | | the attorney general regarding the charges for providing the copy |
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| 65 | 65 | | of the public information. The response must be made to the |
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| 66 | 66 | | attorney general not later than the fifth [within 10] business day |
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| 67 | 67 | | [days] after the date the questions are received by the |
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| 68 | 68 | | governmental body. If the attorney general determines that a |
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| 69 | 69 | | governmental body has overcharged for providing the copy of |
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| 70 | 70 | | requested public information, the governmental body shall promptly |
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| 71 | 71 | | adjust its charges in accordance with the determination of the |
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| 72 | 72 | | attorney general. |
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| 73 | 73 | | SECTION 4. Section 552.269(a), Government Code, as amended |
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| 74 | 74 | | by this Act, applies only to a complaint made to the office of the |
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| 75 | 75 | | attorney general under that subsection on or after the effective |
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| 76 | 76 | | date of this Act. |
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| 77 | 77 | | SECTION 5. This Act takes effect September 1, 2025. |
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