1 | 1 | | 89R13964 JON-F |
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2 | 2 | | By: Bettencourt S.B. No. 2680 |
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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 the public information law. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 552.0031, Government Code, is amended by |
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12 | 12 | | adding Subsection (g) to read as follows: |
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13 | 13 | | (g) The attorney general may determine that a governmental |
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14 | 14 | | body is or has been temporarily unable to respond to a request for |
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15 | 15 | | information due to a disaster or other event that prevents the |
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16 | 16 | | governmental body from conducting business. On making a |
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17 | 17 | | determination under this subsection, the attorney general may |
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18 | 18 | | designate a day on which the governmental body's administrative |
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19 | 19 | | offices are closed or operating with minimum staffing as a |
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20 | 20 | | nonbusiness day. The attorney general may designate not more than |
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21 | 21 | | 30 nonbusiness days for a governmental body under this subsection |
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22 | 22 | | in each calendar year. The attorney general shall maintain on the |
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23 | 23 | | Internet website of the attorney general for not less than two years |
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24 | 24 | | information regarding each designation made under this subsection. |
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25 | 25 | | The attorney general by rule shall establish procedures for making |
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26 | 26 | | a designation under this subsection. |
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27 | 27 | | SECTION 2. Section 552.108(d), Government Code, as added by |
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28 | 28 | | Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular |
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29 | 29 | | Session, 2023, is redesignated as Section 552.108(c-1), Government |
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30 | 30 | | Code, to read as follows: |
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31 | 31 | | (c-1) [(d)] The exception to disclosure provided by |
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32 | 32 | | Subsection (a)(2) does not apply to information, records, or |
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33 | 33 | | notations if: |
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34 | 34 | | (1) a person who is described by or depicted in the |
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35 | 35 | | information, record, or notation, other than a peace officer, is |
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36 | 36 | | deceased or incapacitated; or |
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37 | 37 | | (2) each person who is described by or depicted in the |
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38 | 38 | | information, record, or notation, other than a person who is |
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39 | 39 | | deceased or incapacitated, consents to the release of the |
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40 | 40 | | information, record, or notation. |
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41 | 41 | | SECTION 3. Sections 552.11765(a) and (b), Government Code, |
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42 | 42 | | are amended to read as follows: |
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43 | 43 | | (a) In this section: |
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44 | 44 | | (1) "License" [, "license"] means a license, |
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45 | 45 | | certificate, registration, permit, or other authorization that: |
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46 | 46 | | (A) [(1)] is issued by a licensing authority |
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47 | 47 | | [governmental body described by Section 552.003(1)(A)(i)]; and |
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48 | 48 | | (B) [(2)] an individual must obtain to practice |
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49 | 49 | | or engage in a particular [business,] occupation[,] or profession. |
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50 | 50 | | (2) "Licensing authority" means a department, |
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51 | 51 | | commission, board, office, or other agency of the state that issues |
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52 | 52 | | or renews a license. |
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53 | 53 | | (b) Except as provided by Subsections (c) and (d), |
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54 | 54 | | information maintained by a governmental body that is a licensing |
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55 | 55 | | authority [described by Section 552.003(1)(A)(i)] is confidential |
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56 | 56 | | and excepted from the requirements of Section 552.021 if the |
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57 | 57 | | information: |
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58 | 58 | | (1) is a license application; or |
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59 | 59 | | (2) relates to the home address, home telephone |
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60 | 60 | | number, electronic mail address, social security number, date of |
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61 | 61 | | birth, driver's license number, state identification number, |
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62 | 62 | | passport number, emergency contact information, or payment |
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63 | 63 | | information of: |
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64 | 64 | | (A) an applicant for a license issued by the |
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65 | 65 | | governmental body; |
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66 | 66 | | (B) an individual who holds a license issued by |
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67 | 67 | | the governmental body; or |
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68 | 68 | | (C) an individual who previously held a license |
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69 | 69 | | issued by the governmental body. |
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70 | 70 | | SECTION 4. Section 552.321, Government Code, is amended by |
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71 | 71 | | adding Subsections (d) and (e) to read as follows: |
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72 | 72 | | (d) If a governmental body requests a decision under Section |
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73 | 73 | | 552.301, a requestor may file suit under this section not earlier |
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74 | 74 | | than the 45th business day after the date the attorney general |
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75 | 75 | | receives the request for a decision. If the attorney general |
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76 | 76 | | extends the period for issuing the decision as permitted by Section |
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77 | 77 | | 552.306(a), a requestor may file suit under this section not |
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78 | 78 | | earlier than the 55th business day after the date the attorney |
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79 | 79 | | general received the request for a decision. |
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80 | 80 | | (e) If the attorney general issues an opinion under Section |
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81 | 81 | | 552.306 that information that is the subject of the opinion is |
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82 | 82 | | within an exception under Subchapter C, in a suit under this |
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83 | 83 | | subchapter there is a rebuttable presumption that the information |
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84 | 84 | | is within the exception. |
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85 | 85 | | SECTION 5. To the extent of any conflict, this Act prevails |
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86 | 86 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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87 | 87 | | relating to nonsubstantive additions to and corrections in enacted |
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88 | 88 | | codes. |
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89 | 89 | | SECTION 6. Section 552.321(d), Government Code, as added by |
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90 | 90 | | this Act, applies only to a suit filed under Section 552.321, |
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91 | 91 | | Government Code, that is filed on or after the effective date of |
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92 | 92 | | this Act. |
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93 | 93 | | SECTION 7. This Act takes effect September 1, 2025. |
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