89R3586 JON-F
By: Middleton S.B. No. 1130
A BILL TO BE ENTITLED
AN ACT
relating to an alternative dispute resolution procedure regarding
certain matters under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 552, Government Code, is
amended by adding Section 552.328 to read as follows:
Sec. 552.328. ALTERNATIVE DISPUTE RESOLUTION. (a) A
requestor may require a governmental body to participate in an
alternative dispute resolution procedure regarding a request for
information submitted by the requestor to the governmental body if:
(1) the governmental body has:
(A) provided a written statement to the requestor
under Section 552.231 or 552.2615 regarding the request; or
(B) requested a decision from the attorney
general under Section 552.301 regarding information that is the
subject of the request; and
(2) the requestor disagrees with:
(A) the determination of the governmental body
provided in the written statement described by Subdivision (1)(A);
or
(B) an assertion made by the governmental body in
the request described by Subdivision (1)(B).
(b) An alternative dispute resolution procedure conducted
under this section must be consistent with Chapter 154, Civil
Practice and Remedies Code.
(c) A requestor may initiate an alternative dispute
resolution procedure under this section by submitting written
notice to the applicable governmental body not later than the 180th
day after the date the requestor requests the information under
Section 552.221 that is the subject of the dispute. The notice
must:
(1) advise the governmental body that the requestor is
initiating the alternative dispute resolution procedure authorized
by this section regarding a request for information;
(2) state the date the requestor submitted the
request;
(3) describe the information requested; and
(4) state each remedy the requestor seeks to obtain.
(d) A governmental body that receives a notice under
Subsection (c) shall participate in an alternative dispute
resolution procedure.
(e) A requestor and a governmental body that will
participate in an alternative dispute resolution procedure
initiated under this section may agree to retain and share any costs
associated with the services of an impartial third party in
conducting the procedure. If the requestor and the governmental
body cannot agree on an impartial third party, the State Office of
Administrative Hearings shall conduct the procedure at no cost to
the requestor or the governmental body.
(f) This section may not be construed to affect a deadline
or duty prescribed under this chapter.
(g) This section may not be construed to prevent a requestor
from:
(1) clarifying or withdrawing the request that is the
subject of an alternative dispute resolution procedure initiated
under this section; or
(2) submitting another request under this chapter.
(h) The State Office of Administrative Hearings shall adopt
rules necessary to implement this section.
SECTION 2. The State Office of Administrative Hearings
shall adopt rules as required by Section 552.328(h), Government
Code, as added by this Act, not later than January 1, 2026.
SECTION 3. The change in law made by this Act applies only
to a request for public information received on or after January 1,
2026.
SECTION 4. This Act takes effect September 1, 2025.