Texas 2025 - 89th Regular

Texas Senate Bill SB986 Compare Versions

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

Old	New	Differences
1	1	89R1992 TJB-F
2	2	By: Bettencourt S.B. No. 986
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures under the public information law, including
10	10	expedited responses and charges for bad faith requests.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.2615(g), Government Code, is amended
13	13	to read as follows:
14	14	(g) The time deadlines imposed by this section do not affect
15	15	the application of a time deadline imposed on a governmental body
16	16	under Subchapter G or K.
17	17	SECTION 2. Section 552.263(e), Government Code, is amended
18	18	to read as follows:
19	19	(e) For purposes of this subchapter and Subchapters [F and]
20	20	G and K, a request for a copy of public information is considered to
21	21	have been received by a governmental body on the date the
22	22	governmental body receives the deposit or bond for payment of
23	23	anticipated costs or unpaid amounts if the governmental body's
24	24	officer for public information or the officer's agent requires a
25	25	deposit or bond in accordance with this section.
26	26	SECTION 3. Section 552.302, Government Code, is amended to
27	27	read as follows:
28	28	Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
29	29	GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
30	30	governmental body does not request an attorney general decision as
31	31	provided by Section 552.301 or in response to an appeal under
32	32	Subchapter K and provide the requestor with the information
33	33	required by Sections 552.301(d) and (e-1) or Section 552.405(b),
34	34	the information requested in writing is presumed to be subject to
35	35	required public disclosure and must be released unless there is a
36	36	compelling reason to withhold the information.
37	37	SECTION 4. Subchapter G, Chapter 552, Government Code, is
38	38	amended by adding Section 552.311 to read as follows:
39	39	Sec. 552.311. CHARGES FOR BAD FAITH REQUEST. (a) The
40	40	attorney general may impose a $1,000 charge to process a request for
41	41	an attorney general decision made by a governmental body that the
42	42	attorney general determines has made the request in bad faith.
43	43	(b) The attorney general may impose on a governmental body a
44	44	$500 charge for each business day that occurs after the date the
45	45	attorney general issues a written determination that the
46	46	governmental body made a request for an attorney general decision
47	47	in bad faith and before the date the governmental body provides to
48	48	the requestor all information withheld in connection with the bad
49	49	faith request.
50	50	SECTION 5. Section 552.321(a), Government Code, is amended
51	51	to read as follows:
52	52	(a) A requestor or the attorney general may file suit for a
53	53	writ of mandamus compelling a governmental body to make information
54	54	available for public inspection if the governmental body refuses to
55	55	request an attorney general's decision as provided by Subchapter G
56	56	or Section 552.405 or refuses to supply public information or
57	57	information that the attorney general has determined is public
58	58	information that is not excepted from disclosure under Subchapter
59	59	C.
60	60	SECTION 6. Section 552.352, Government Code, is amended by
61	61	adding Subsection (d) to read as follows:
62	62	(d) It is an affirmative defense to prosecution under
63	63	Subsection (a) that the defendant released information under
64	64	Subchapter K and did not release confidential information
65	65	intentionally, as defined by Section 6.03, Penal Code.
66	66	SECTION 7. Section 552.353(b), Government Code, is amended
67	67	to read as follows:
68	68	(b) It is an affirmative defense to prosecution under
69	69	Subsection (a) that the officer for public information reasonably
70	70	believed that public access to the requested information was not
71	71	required and that:
72	72	(1) the officer acted in reasonable reliance on a
73	73	court order or a written interpretation of this chapter contained
74	74	in an opinion of a court of record or of the attorney general issued
75	75	under Subchapter G;
76	76	(2) the officer requested a decision from the attorney
77	77	general in accordance with Subchapter G or Section 552.405, and the
78	78	decision is pending; or
79	79	(3) not later than the 10th calendar day after the date
80	80	of receipt of a decision by the attorney general that the
81	81	information is public, the officer or the governmental body for
82	82	whom the defendant is the officer for public information filed a
83	83	petition for a declaratory judgment against the attorney general in
84	84	a Travis County district court seeking relief from compliance with
85	85	the decision of the attorney general, as provided by Section
86	86	552.324, and the cause is pending.
87	87	SECTION 8. Chapter 552, Government Code, is amended by
88	88	adding Subchapter K to read as follows:
89	89	SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE
90	90	Sec. 552.401. APPLICABILITY. (a) This subchapter does not
91	91	apply to a request for information that may involve a person's
92	92	privacy or property interest under Section 552.305.
93	93	(b) This subchapter applies to a governmental body only if:
94	94	(1) the governmental body's officer for public
95	95	information or the officer's designee holds an active training
96	96	certificate issued under Section 552.406; and
97	97	(2) the governmental body's authorization to respond
98	98	to a request for information under this subchapter is not revoked
99	99	under Section 552.407 on the date the request is received.
100	100	Sec. 552.402. REQUEST FOR ATTORNEY GENERAL DECISION NOT
101	101	REQUIRED. Subject to Section 552.404, a governmental body that
102	102	receives a written request for information and complies with the
103	103	requirements of this subchapter may withhold any information it
104	104	makes a good faith determination is excepted from required public
105	105	disclosure under this chapter without the necessity of requesting a
106	106	decision from the attorney general under Subchapter G.
107	107	Sec. 552.403. RESPONSE REQUIREMENTS. (a) A governmental
108	108	body that withholds information under this subchapter must respond
109	109	to the requestor not later than the 10th business day after the date
110	110	the governmental body receives a written request for that
111	111	information by providing the requestor with:
112	112	(1) a list of the exceptions under Subchapter C and, if
113	113	applicable, the judicial decisions or constitutional or statutory
114	114	laws the governmental body determines are applicable to the
115	115	information being withheld;
116	116	(2) all information the governmental body determines
117	117	is not excepted from disclosure, including, if applicable,
118	118	partially redacted information with the redacted portions clearly
119	119	marked and labeled with the exceptions the governmental body relied
120	120	on to redact the information;
121	121	(3) a description of the volume and type of
122	122	information withheld; and
123	123	(4) a notice form promulgated by the attorney general
124	124	that includes, at a minimum:
125	125	(A) a unique identification number assigned by
126	126	the governmental body;
127	127	(B) a description of the appeal procedure;
128	128	(C) an appeal form the requestor must use to
129	129	appeal the withholding of information under this subchapter;
130	130	(D) a reference to the requestor's rights under
131	131	this chapter;
132	132	(E) the name of the individual who has received
133	133	training under Section 552.406; and
134	134	(F) a confirmation from the individual named in
135	135	Paragraph (E) that the individual reviewed and approved the
136	136	response.
137	137	(b) The governmental body shall retain, at a minimum, an
138	138	electronic or paper copy of the notice it provides to the requestor
139	139	under Subsection (a)(4) for the length of time the governmental
140	140	body retains the request for information.
141	141	Sec. 552.404. APPEAL. (a) On receipt of a response by a
142	142	governmental body under Section 552.403, the requestor may appeal
143	143	the withholding of information in the response not later than the
144	144	30th calendar day after the date the requestor receives the
145	145	response.
146	146	(b) The requestor must submit the appeal to the governmental
147	147	body that responded under Section 552.403 on the appeal form
148	148	provided to the requestor under Section 552.403(a)(4).
149	149	(c) The appeal is considered a new request and is subject to
150	150	the procedural requirements of Section 552.405.
151	151	(d) A governmental body may not seek to narrow or clarify an
152	152	appeal made under this section under Section 552.222(b).
153	153	(e) A governmental body may not respond to a requestor under
154	154	Section 552.232 in response to an appeal made under this section.
155	155	(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f),
156	156	552.130(c), 552.136(c), and 552.138(c), a governmental body must
157	157	request an attorney general decision to withhold information
158	158	described by those provisions in response to an appeal.
159	159	Sec. 552.405. REQUEST FOR ATTORNEY GENERAL DECISION IN
160	160	RESPONSE TO APPEAL. (a) Except as provided by this subchapter:
161	161	(1) an appeal made under Section 552.404 is subject to
162	162	the provisions of this chapter; and
163	163	(2) an attorney general's decision requested under
164	164	this section is considered to be a decision under Subchapter G.
165	165	(b) A governmental body that receives an appeal under
166	166	Section 552.404 shall, within a reasonable time, but not later than
167	167	the fifth business day after the date the governmental body
168	168	receives the appeal, submit to the attorney general:
169	169	(1) a request for an attorney general's decision;
170	170	(2) a copy of the original written request for
171	171	information;
172	172	(3) a signed statement as to the date on which the
173	173	written response required by Section 552.403 was provided to the
174	174	requestor, or evidence sufficient to establish that date;
175	175	(4) a copy of the appeal form received by the
176	176	governmental body;
177	177	(5) a signed statement as to the date on which the
178	178	appeal was received by the governmental body, or evidence
179	179	sufficient to establish the date;
180	180	(6) the exceptions that apply and written comments
181	181	stating the reasons why the stated exceptions apply that would
182	182	allow the information to be withheld;
183	183	(7) if the governmental body provided partially
184	184	redacted information to the requestor in its initial response under
185	185	Section 552.403, an unredacted copy of the information the
186	186	governmental body provided to the requestor with the copy clearly
187	187	marked indicating the released portions and the withheld portions
188	188	labeled with the exceptions the governmental body relied on to
189	189	withhold the information; and
190	190	(8) a copy of the specific information the
191	191	governmental body seeks to withhold, or representative samples of
192	192	the information, labeled to indicate which exceptions apply to
193	193	which parts of the copy.
194	194	(c) A governmental body that receives an appeal under
195	195	Section 552.404 shall, within a reasonable time, but not later than
196	196	the fifth business day after the date the governmental body
197	197	receives the appeal, send a copy of the comments submitted under
198	198	Subsection (b)(6) to the requestor. If the written comments
199	199	disclose or contain the substance of the information requested, the
200	200	copy of the comments provided to the requestor must be a redacted
201	201	copy.
202	202	Sec. 552.406. TRAINING. (a) The public information
203	203	officer for a governmental body that responds to a request under
204	204	this subchapter or the officer's designee must have completed in
205	205	the four years preceding the response a course of training of not
206	206	less than 16 hours regarding the responsibilities of the
207	207	governmental body under this subchapter.
208	208	(b) The attorney general shall ensure that the training is
209	209	made available. The attorney general shall maintain at least one
210	210	updated course of training that is available in an online
211	211	presentation format. The online training may be broken into
212	212	separate sections. The online training must provide a means to
213	213	verify that the trainee observed and comprehended the full online
214	214	training session or, if applicable, each section of the training.
215	215	(c) At a minimum, the training must include instruction in:
216	216	(1) the general background of the legal requirements
217	217	for the governmental body's use of this subchapter and related law;
218	218	(2) the applicability of this subchapter to
219	219	governmental bodies;
220	220	(3) the procedures and requirements for complying with
221	221	an appeal under this subchapter;
222	222	(4) the role of the attorney general under this
223	223	subchapter; and
224	224	(5) penalties and other consequences for failing to
225	225	comply with this subchapter.
226	226	(d) The office of the attorney general shall provide a
227	227	certificate to a person who completes the training required by this
228	228	section and keep records of the training certificates issued. A
229	229	governmental body shall maintain the training certificate of any
230	230	individual who provides a confirmation under Section
231	231	552.403(a)(4)(F) and make the certificate available for public
232	232	inspection.
233	233	Sec. 552.407. REVOCATION. (a) If the attorney general
234	234	determines that a governmental body failed to comply with the
235	235	requirements of this chapter, the office of the attorney general,
236	236	in its sole discretion, may revoke the governmental body's
237	237	authorization to respond under this subchapter or the training
238	238	certificate issued to an individual responsible for the
239	239	governmental body's failure.
240	240	(b) The attorney general shall create a notice of revocation
241	241	form. The attorney general shall inform a governmental body that
242	242	the attorney general has revoked the governmental body's
243	243	eligibility under Subsection (a) or an individual that the attorney
244	244	general has revoked the individual's training certificate by
245	245	sending the notice of revocation form by certified mail or by
246	246	another written method of notice that requires the return of a
247	247	receipt.
248	248	(c) The notice of revocation provided to a governmental body
249	249	must inform the governmental body of the length of time the
250	250	revocation is in effect. The length of time the governmental body's
251	251	revocation is in effect may not exceed six months from the date the
252	252	governmental body receives the notice of revocation form.
253	253	(d) The notice of revocation form provided to an individual
254	254	must inform the individual that the attorney general has revoked
255	255	the individual's training certificate under Subsection (a). The
256	256	individual must repeat the course of training under Section 552.406
257	257	to obtain a new training certificate.
258	258	(e) If an individual is employed by a governmental body when
259	259	the governmental body's authorization to respond under this
260	260	subchapter is revoked under Subsection (a), and the individual
261	261	obtains employment at a different governmental body with
262	262	authorization to respond under this subchapter, the individual may
263	263	not provide a confirmation under Section 552.403(a)(4)(F) until the
264	264	revocation period for the initial governmental body has expired.
265	265	(f) The office of the attorney general shall publish on its
266	266	Internet website:
267	267	(1) a list that provides the first and last names of
268	268	individuals who hold an active training certificate issued under
269	269	Section 552.406, the date each individual's training was completed,
270	270	and the date each individual's training certificate expires; and
271	271	(2) a list of the governmental bodies that are not
272	272	authorized to respond to a request under this subchapter because
273	273	their authorization has been revoked under Subsection (a).
274	274	Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)
275	275	For the state fiscal year beginning September 1, 2025, the attorney
276	276	general shall collect data detailing the number of:
277	277	(1) requests for decisions in response to appeals the
278	278	attorney general receives under Section 552.405;
279	279	(2) individuals who complete training under Section
280	280	552.406;
281	281	(3) governmental bodies that have their authorization
282	282	to respond under this subchapter revoked under Section 552.407; and
283	283	(4) individuals who have their training certificates
284	284	revoked under Section 552.407.
285	285	(b) Not later than February 1, 2027, the attorney general
286	286	shall make the data collected under Subsection (a) available on the
287	287	attorney general's Internet website for open records.
288	288	(c) This section expires September 1, 2027.
289	289	SECTION 9. The changes in law made by this Act apply only to
290	290	a request for information that is received by a governmental body on
291	291	or after the effective date of this Act. A request for information
292	292	that was received before the effective date of this Act is governed
293	293	by the law that was in effect on the date the request was received,
294	294	and the former law is continued in effect for that purpose.
295	295	SECTION 10. This Act takes effect September 1, 2025.