89R13964 JON-F
By: Bettencourt S.B. No. 2680
A BILL TO BE ENTITLED
AN ACT
relating to the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.0031, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The attorney general may determine that a governmental
body is or has been temporarily unable to respond to a request for
information due to a disaster or other event that prevents the
governmental body from conducting business. On making a
determination under this subsection, the attorney general may
designate a day on which the governmental body's administrative
offices are closed or operating with minimum staffing as a
nonbusiness day. The attorney general may designate not more than
30 nonbusiness days for a governmental body under this subsection
in each calendar year. The attorney general shall maintain on the
Internet website of the attorney general for not less than two years
information regarding each designation made under this subsection.
The attorney general by rule shall establish procedures for making
a designation under this subsection.
SECTION 2. Section 552.108(d), Government Code, as added by
Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular
Session, 2023, is redesignated as Section 552.108(c-1), Government
Code, to read as follows:
(c-1) [(d)] The exception to disclosure provided by
Subsection (a)(2) does not apply to information, records, or
notations if:
(1) a person who is described by or depicted in the
information, record, or notation, other than a peace officer, is
deceased or incapacitated; or
(2) each person who is described by or depicted in the
information, record, or notation, other than a person who is
deceased or incapacitated, consents to the release of the
information, record, or notation.
SECTION 3. Sections 552.11765(a) and (b), Government Code,
are amended to read as follows:
(a) In this section:
(1) "License" [, "license"] means a license,
certificate, registration, permit, or other authorization that:
(A) [(1)] is issued by a licensing authority
[governmental body described by Section 552.003(1)(A)(i)]; and
(B) [(2)] an individual must obtain to practice
or engage in a particular [business,] occupation[,] or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that issues
or renews a license.
(b) Except as provided by Subsections (c) and (d),
information maintained by a governmental body that is a licensing
authority [described by Section 552.003(1)(A)(i)] is confidential
and excepted from the requirements of Section 552.021 if the
information:
(1) is a license application; or
(2) relates to the home address, home telephone
number, electronic mail address, social security number, date of
birth, driver's license number, state identification number,
passport number, emergency contact information, or payment
information of:
(A) an applicant for a license issued by the
governmental body;
(B) an individual who holds a license issued by
the governmental body; or
(C) an individual who previously held a license
issued by the governmental body.
SECTION 4. Section 552.321, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) If a governmental body requests a decision under Section
552.301, a requestor may file suit under this section not earlier
than the 45th business day after the date the attorney general
receives the request for a decision. If the attorney general
extends the period for issuing the decision as permitted by Section
552.306(a), a requestor may file suit under this section not
earlier than the 55th business day after the date the attorney
general received the request for a decision.
(e) If the attorney general issues an opinion under Section
552.306 that information that is the subject of the opinion is
within an exception under Subchapter C, in a suit under this
subchapter there is a rebuttable presumption that the information
is within the exception.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. Section 552.321(d), Government Code, as added by
this Act, applies only to a suit filed under Section 552.321,
Government Code, that is filed on or after the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2025.