| 1 | 1 | | 89R3586 JON-F |
|---|
| 2 | 2 | | By: Middleton S.B. No. 1130 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to an alternative dispute resolution procedure regarding |
|---|
| 10 | 10 | | certain matters under the public information law. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter H, Chapter 552, Government Code, is |
|---|
| 13 | 13 | | amended by adding Section 552.328 to read as follows: |
|---|
| 14 | 14 | | Sec. 552.328. ALTERNATIVE DISPUTE RESOLUTION. (a) A |
|---|
| 15 | 15 | | requestor may require a governmental body to participate in an |
|---|
| 16 | 16 | | alternative dispute resolution procedure regarding a request for |
|---|
| 17 | 17 | | information submitted by the requestor to the governmental body if: |
|---|
| 18 | 18 | | (1) the governmental body has: |
|---|
| 19 | 19 | | (A) provided a written statement to the requestor |
|---|
| 20 | 20 | | under Section 552.231 or 552.2615 regarding the request; or |
|---|
| 21 | 21 | | (B) requested a decision from the attorney |
|---|
| 22 | 22 | | general under Section 552.301 regarding information that is the |
|---|
| 23 | 23 | | subject of the request; and |
|---|
| 24 | 24 | | (2) the requestor disagrees with: |
|---|
| 25 | 25 | | (A) the determination of the governmental body |
|---|
| 26 | 26 | | provided in the written statement described by Subdivision (1)(A); |
|---|
| 27 | 27 | | or |
|---|
| 28 | 28 | | (B) an assertion made by the governmental body in |
|---|
| 29 | 29 | | the request described by Subdivision (1)(B). |
|---|
| 30 | 30 | | (b) An alternative dispute resolution procedure conducted |
|---|
| 31 | 31 | | under this section must be consistent with Chapter 154, Civil |
|---|
| 32 | 32 | | Practice and Remedies Code. |
|---|
| 33 | 33 | | (c) A requestor may initiate an alternative dispute |
|---|
| 34 | 34 | | resolution procedure under this section by submitting written |
|---|
| 35 | 35 | | notice to the applicable governmental body not later than the 180th |
|---|
| 36 | 36 | | day after the date the requestor requests the information under |
|---|
| 37 | 37 | | Section 552.221 that is the subject of the dispute. The notice |
|---|
| 38 | 38 | | must: |
|---|
| 39 | 39 | | (1) advise the governmental body that the requestor is |
|---|
| 40 | 40 | | initiating the alternative dispute resolution procedure authorized |
|---|
| 41 | 41 | | by this section regarding a request for information; |
|---|
| 42 | 42 | | (2) state the date the requestor submitted the |
|---|
| 43 | 43 | | request; |
|---|
| 44 | 44 | | (3) describe the information requested; and |
|---|
| 45 | 45 | | (4) state each remedy the requestor seeks to obtain. |
|---|
| 46 | 46 | | (d) A governmental body that receives a notice under |
|---|
| 47 | 47 | | Subsection (c) shall participate in an alternative dispute |
|---|
| 48 | 48 | | resolution procedure. |
|---|
| 49 | 49 | | (e) A requestor and a governmental body that will |
|---|
| 50 | 50 | | participate in an alternative dispute resolution procedure |
|---|
| 51 | 51 | | initiated under this section may agree to retain and share any costs |
|---|
| 52 | 52 | | associated with the services of an impartial third party in |
|---|
| 53 | 53 | | conducting the procedure. If the requestor and the governmental |
|---|
| 54 | 54 | | body cannot agree on an impartial third party, the State Office of |
|---|
| 55 | 55 | | Administrative Hearings shall conduct the procedure at no cost to |
|---|
| 56 | 56 | | the requestor or the governmental body. |
|---|
| 57 | 57 | | (f) This section may not be construed to affect a deadline |
|---|
| 58 | 58 | | or duty prescribed under this chapter. |
|---|
| 59 | 59 | | (g) This section may not be construed to prevent a requestor |
|---|
| 60 | 60 | | from: |
|---|
| 61 | 61 | | (1) clarifying or withdrawing the request that is the |
|---|
| 62 | 62 | | subject of an alternative dispute resolution procedure initiated |
|---|
| 63 | 63 | | under this section; or |
|---|
| 64 | 64 | | (2) submitting another request under this chapter. |
|---|
| 65 | 65 | | (h) The State Office of Administrative Hearings shall adopt |
|---|
| 66 | 66 | | rules necessary to implement this section. |
|---|
| 67 | 67 | | SECTION 2. The State Office of Administrative Hearings |
|---|
| 68 | 68 | | shall adopt rules as required by Section 552.328(h), Government |
|---|
| 69 | 69 | | Code, as added by this Act, not later than January 1, 2026. |
|---|
| 70 | 70 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 71 | 71 | | to a request for public information received on or after January 1, |
|---|
| 72 | 72 | | 2026. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|