89R3587 GP-F
By: Canales H.B. No. 4990
A BILL TO BE ENTITLED
AN ACT
relating to compliance with the public information law, including
establishment of an open records hotline to provide information
about the requirements of the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 552, Government Code, is
amended by adding Section 552.013 to read as follows:
Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general
shall operate an open records hotline that a member of the public or
an employee or officer of a governmental body may access by calling
a toll-free telephone number to ask any question regarding the
requirements of this chapter, including the proper procedure to
request information from a governmental body and for a governing
body to comply with this chapter. The attorney general shall
respond to the caller's questions as the attorney general considers
appropriate to promote compliance with this chapter.
SECTION 2. Subchapter E, Chapter 552, Government Code, is
amended by adding Section 552.236 to read as follows:
Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION.
(a) A person who has requested public information from a
governmental body under this chapter and believes that the
governmental body has failed to provide the information in
compliance with this chapter may file a written complaint with the
attorney general.
(b) A person filing a complaint under this section must
include with the complaint:
(1) the original request for information that is the
subject of the complaint;
(2) any correspondence received from the governmental
body that is the subject of the complaint in response to the
request; and
(3) a statement setting forth how the complainant
believes that the governmental body has failed to comply with the
requirements of this chapter.
(c) The attorney general may submit written questions
regarding the complaint to the governmental body that is the
subject of the complaint. The governmental body shall respond in
writing to the questions not later than the fifth business day after
the date the questions are received by the governmental body.
(d) The attorney general shall review each complaint filed
under this section and issue a written response to both the
complainant and the governmental body that is the subject of the
complaint not later than the 20th business day after the date the
complaint is filed with the attorney general.
SECTION 3. Section 552.269(a), Government Code, is amended
to read as follows:
(a) A person who believes the person has been overcharged
for being provided with a copy of public information may complain to
the attorney general in writing of the alleged overcharge, setting
forth the reasons why the person believes the charges are
excessive. The attorney general shall review the complaint and
make a determination in writing not later than the 10th business day
after the date the complaint is received by the attorney general as
to the appropriate charge for providing the copy of the requested
information. The governmental body shall respond to the attorney
general to any written questions asked of the governmental body by
the attorney general regarding the charges for providing the copy
of the public information. The response must be made to the
attorney general not later than the fifth [within 10] business day
[days] after the date the questions are received by the
governmental body. If the attorney general determines that a
governmental body has overcharged for providing the copy of
requested public information, the governmental body shall promptly
adjust its charges in accordance with the determination of the
attorney general.
SECTION 4. Section 552.269(a), Government Code, as amended
by this Act, applies only to a complaint made to the office of the
attorney general under that subsection on or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2025.