Texas 2025 - 89th Regular

Texas Senate Bill SB824 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8460 JON-F
2	2	By: Middleton S.B. No. 824
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the public information law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 552.221, Government Code, is amended by
12	12	adding Subsections (f) and (g) to read as follows:
13	13	(f) If the governmental body determines it has no
14	14	information responsive to a request for information, the officer
15	15	for public information shall notify the requestor in writing not
16	16	later than the 10th business day after the date the request is
17	17	received.
18	18	(g) If a governmental body determines the requested
19	19	information is subject to a previous determination that permits or
20	20	requires the governmental body to withhold the requested
21	21	information, the officer for public information shall, not later
22	22	than the 10th business day after the date the request is received:
23	23	(1) notify the requestor in writing that the
24	24	information is being withheld; and
25	25	(2) identify in the notice the specific previous
26	26	determination the governmental body is relying on to withhold the
27	27	requested information.
28	28	SECTION 2. Section 552.261, Government Code, is amended by
29	29	adding Subsection (f) to read as follows:
30	30	(f) A governmental body may not impose a charge under this
31	31	subchapter for providing a copy of public information if:
32	32	(1) the information is a report required to be filed
33	33	with the governmental body under Subchapter C or D, Chapter 254,
34	34	Election Code, unless all of those reports filed with the
35	35	governmental body during the preceding three years are available to
36	36	the public on the governmental body's Internet website;
37	37	(2) the officer for public information is required to
38	38	make a certification under Section 552.221(d) that the officer
39	39	cannot produce the public information for inspection or duplication
40	40	within 10 business days after the date the information is
41	41	requested;
42	42	(3) the governmental body asked for clarification of
43	43	the request under Section 552.222 later than the 10th business day
44	44	after the date the information was requested;
45	45	(4) the governmental body asked for a decision under
46	46	Section 552.301 with respect to the requested information and did
47	47	not provide to the requestor the information required by Section
48	48	552.301(d) or (e-1); or
49	49	(5) the attorney general issued a written opinion
50	50	under Section 552.306(b) determining that the requested
51	51	information is subject to mandatory disclosure under this chapter.
52	52	SECTION 3. Section 552.306(c), Government Code, is amended
53	53	to read as follows:
54	54	(c) A governmental body shall as soon as practicable but
55	55	within a reasonable period of time after the date the attorney
56	56	general issues an opinion under Subsection (b) regarding
57	57	information requested under this chapter:
58	58	(1) [provide the requestor of the information an
59	59	itemized estimate of charges for production of the information if
60	60	the estimate is required by Section 552.2615;
61	61	[(2)] if the requested information is voluminous:
62	62	(A) take the following actions if the
63	63	governmental body determines that it is able to disclose the
64	64	information in a single batch:
65	65	(i) provide a written certified notice to
66	66	the requestor and the attorney general that it is impractical or
67	67	impossible for the governmental body to produce the information
68	68	within a reasonable period of time;
69	69	(ii) include in the notice the date and hour
70	70	that the governmental body will disclose the information to the
71	71	requestor, which may not be later than the 15th business day after
72	72	the date the governmental body provides the notice; and
73	73	(iii) produce the information at the date
74	74	and time included in the notice; or
75	75	(B) take the following actions if the
76	76	governmental body determines that it is unable to disclose the
77	77	information in a single batch:
78	78	(i) provide a written certified notice to
79	79	the requestor and the attorney general that it is impractical or
80	80	impossible for the governmental body to produce the information
81	81	within a reasonable period of time and in a single batch;
82	82	(ii) include in the notice the date and hour
83	83	that the governmental body will disclose the first batch of
84	84	information to the requestor, which may not be later than the 15th
85	85	business day after the date the governmental body provides the
86	86	notice;
87	87	(iii) provide a written certified notice to
88	88	the requestor and the attorney general when each subsequent batch
89	89	of information is disclosed to the requestor of the date and hour
90	90	that the governmental body will disclose the next batch of
91	91	information to the requestor, which may not be later than the 15th
92	92	business day after the date the governmental body provides the
93	93	notice; and
94	94	(iv) produce the requested information at
95	95	each date and time included in a notice;
96	96	(2) [(3)] produce the information if it is required to
97	97	be produced;
98	98	(3) [(4)] notify the requestor in writing that the
99	99	governmental body is withholding the information as authorized by
100	100	the opinion; or
101	101	(4) [(5)] notify the requestor in writing that the
102	102	governmental body has filed suit against the attorney general under
103	103	Section 552.324 regarding the information.
104	104	SECTION 4. Section 552.323, Government Code, is amended to
105	105	read as follows:
106	106	Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND
107	107	REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections
108	108	(b) and (c), in [In] an action brought under Section 552.321, [or]
109	109	552.3215, 552.324, or 552.325, the court shall assess costs of
110	110	litigation and reasonable attorney fees incurred by a plaintiff or
111	111	intervening requestor:
112	112	(1) who substantially prevails; or
113	113	(2) to whom a governmental body voluntarily releases
114	114	the requested information, unless before suit is filed:
115	115	(A) the body releases the information; or
116	116	(B) the body certifies a date and hour within a
117	117	reasonable time when the information will be available for
118	118	inspection or duplication.
119	119	(b) The [, except that the] court may not assess [those]
120	120	costs or [and] fees against a governmental body under Subsection
121	121	(a) if the court finds that the governmental body acted in
122	122	reasonable reliance on:
123	123	(1) a judgment or an order of a court applicable to the
124	124	governmental body;
125	125	(2) the published opinion of an appellate court; or
126	126	(3) a written decision of the attorney general,
127	127	including a decision issued under Subchapter G or an opinion issued
128	128	under Section 402.042.
129	129	(c) Notwithstanding Subsection (a), in an action brought
130	130	under Section 552.325 by a person or entity other than a
131	131	governmental body or officer for public information, the court
132	132	shall assess costs of litigation and reasonable attorney fees
133	133	incurred by an intervening requestor if the intervening requestor
134	134	substantially prevails.
135	135	[(b) In an action brought under Section 552.324, the court
136	136	may not assess costs of litigation or reasonable attorney's fees
137	137	incurred by a plaintiff or defendant who substantially prevails
138	138	unless the court finds the action or the defense of the action was
139	139	groundless in fact or law. In exercising its discretion under this
140	140	subsection, the court shall consider whether the conduct of the
141	141	governmental body had a reasonable basis in law and whether the
142	142	litigation was brought in good faith.]
143	143	SECTION 5. The heading to Subchapter H, Chapter 552,
144	144	Government Code, is amended to read as follows:
145	145	SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
146	146	SECTION 6. Subchapter H, Chapter 552, Government Code, is
147	147	amended by adding Section 552.328 to read as follows:
148	148	Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
149	149	governmental body fails to respond to a requestor as required by
150	150	Section 552.221, the requestor may send a written complaint to the
151	151	attorney general.
152	152	(b) The complaint must include:
153	153	(1) the original request for information; and
154	154	(2) any correspondence received from the governmental
155	155	body in response to the request.
156	156	(c) If the attorney general determines the governmental
157	157	body improperly failed to comply with Section 552.221 in connection
158	158	with a request for which a complaint is made under this section:
159	159	(1) the attorney general shall notify the governmental
160	160	body in writing and require the governmental body to complete open
161	161	records training not later than six months after receiving the
162	162	notification;
163	163	(2) the governmental body may not assess costs to the
164	164	requestor for producing information in response to the request; and
165	165	(3) if the governmental body seeks to withhold
166	166	information in response to the request, the governmental body must:
167	167	(A) request an attorney general decision under
168	168	Section 552.301 not later than the fifth business day after the date
169	169	the governmental body receives the notification under Subdivision
170	170	(1); and
171	171	(B) release the requested information unless
172	172	there is a compelling reason to withhold the information.
173	173	SECTION 7. The changes in law made by this Act apply only to
174	174	a request for information that is received by a governmental body or
175	175	an officer for public information on or after the effective date of
176	176	this Act. A request for information that was received before the
177	177	effective date of this Act is governed by the law in effect on the
178	178	date the request was received, and the former law is continued in
179	179	effect for that purpose.
180	180	SECTION 8. This Act takes effect September 1, 2025.