Bill Text: TX HB3200 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to a suit for a writ of mandamus compelling a governmental body to make information available for public inspection under the public information law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-19 - Committee report sent to Calendars [HB3200 Detail]
Download: Texas-2013-HB3200-Comm_Sub.html
83R19891 KKR-F | |||
By: Larson | H.B. No. 3200 | ||
Substitute the following for H.B. No. 3200: | |||
By: Harper-Brown | C.S.H.B. No. 3200 |
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relating to a suit for a writ of mandamus compelling a governmental | ||
body to make information available for public inspection under the | ||
public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.321, Government Code, is amended by | ||
adding Subsections (c), (d), (e), and (f) to read as follows: | ||
(c) A requestor may file suit for a writ of mandamus under | ||
this section only if: | ||
(1) the time period for the governmental body to | ||
request a decision from the attorney general under Subchapter G has | ||
elapsed and the governmental body has not requested a decision in | ||
that time period; or | ||
(2) the governmental body has timely requested a | ||
decision from the attorney general under Subchapter G and: | ||
(A) the attorney general has issued a decision | ||
that information to which the decision applies is public | ||
information that is not excepted from disclosure under Subchapter | ||
C, and the governmental body has not disclosed the information | ||
within 30 days after the date the attorney general issued the | ||
decision; or | ||
(B) the time period for the attorney general to | ||
issue a decision under Subchapter G has elapsed. | ||
(d) A suit for a writ of mandamus filed under this section | ||
must allege that the applicable time period described by Subsection | ||
(c) has elapsed. | ||
(e) A governmental body may file a motion to dismiss a suit | ||
for a writ of mandamus compelling the governmental body to make | ||
information available for public inspection that does not comply | ||
with the requirements of Subsection (c). | ||
(f) The court shall dismiss a suit for a writ of mandamus | ||
compelling a governmental body to make information available for | ||
public inspection that does not comply with the requirements of | ||
Subsection (c). If the court dismisses the suit under this | ||
subsection, the court may award the governmental body court costs | ||
and reasonable attorney's fees. | ||
SECTION 2. Section 552.321, Government Code, as amended by | ||
this Act, applies to a suit for a writ of mandamus compelling a | ||
governmental body to make information available for public | ||
inspection that is filed on or after September 1, 2013. A suit for a | ||
writ of mandamus compelling a governmental body to make information | ||
available for public inspection that is filed before that date is | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. |