Texas 2025 - 89th Regular

Texas Senate Bill SB919 Compare Versions

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

Old	New	Differences
1	1	89R5687 MCK-F
2	2	By: Zaffirini S.B. No. 919
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a governmental body's response to a request for public
10	10	information.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.221, Government Code, is amended by
13	13	adding Subsections (f) and (g) to read as follows:
14	14	(f) If the governmental body determines it has no
15	15	information responsive to a request for information, the officer
16	16	for public information shall notify the requestor in writing not
17	17	later than the 10th business day after the date the request is
18	18	received.
19	19	(g) If a governmental body determines the requested
20	20	information is subject to a previous determination that permits or
21	21	requires the governmental body to withhold the requested
22	22	information, the officer for public information shall, not later
23	23	than the 10th business day after the date the request is received:
24	24	(1) notify the requestor in writing that the
25	25	information is being withheld; and
26	26	(2) identify in the notice the specific previous
27	27	determination the governmental body is relying on to withhold the
28	28	requested information.
29	29	SECTION 2. Section 552.301(b), Government Code, is amended
30	30	to read as follows:
31	31	(b) The governmental body must ask for the attorney
32	32	general's decision and state the specific exceptions that apply
33	33	within a reasonable time but not later than the 10th business day
34	34	after the date of receiving the written request.
35	35	SECTION 3. The heading to Subchapter H, Chapter 552,
36	36	Government Code, is amended to read as follows:
37	37	SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
38	38	SECTION 4. Subchapter H, Chapter 552, Government Code, is
39	39	amended by adding Section 552.328 to read as follows:
40	40	Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a
41	41	governmental body fails to respond to a requestor as required by
42	42	Section 552.221, the requestor may send a written complaint to the
43	43	attorney general.
44	44	(b) The complaint must include:
45	45	(1) the original request for information; and
46	46	(2) any correspondence received from the governmental
47	47	body in response to the request.
48	48	(c) If the attorney general determines the governmental
49	49	body improperly failed to comply with Section 552.221 in connection
50	50	with a request for which a complaint is made under this section:
51	51	(1) the attorney general shall notify the governmental
52	52	body in writing and require the governmental body's public
53	53	information officer or the officer's designee to complete open
54	54	records training not later than six months after receiving the
55	55	notification;
56	56	(2) the governmental body may not assess costs to the
57	57	requestor for producing information in response to the request; and
58	58	(3) if the governmental body seeks to withhold
59	59	information in response to the request, the governmental body must:
60	60	(A) request an attorney general decision under
61	61	Section 552.301 not later than the fifth business day after the date
62	62	the governmental body receives the notification under Subdivision
63	63	(1); and
64	64	(B) release the requested information unless
65	65	there is a compelling reason to withhold the information.
66	66	SECTION 5. The changes in law made by this Act apply only to
67	67	a request for information that is received by a governmental body or
68	68	an officer for public information on or after the effective date of
69	69	this Act.
70	70	SECTION 6. This Act takes effect September 1, 2025.