Bill Text: TX HB1764 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to public information in the possession, custody, or control of a current or former officer or employee of a governmental body; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-18 - Committee report sent to Calendars [HB1764 Detail]
Download: Texas-2015-HB1764-Comm_Sub.html
84R26248 BEF-F | |||
By: Hunter | H.B. No. 1764 | ||
Substitute the following for H.B. No. 1764: | |||
By: Elkins | C.S.H.B. No. 1764 |
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relating to public information in the possession, custody, or | ||
control of a current or former officer or employee of a governmental | ||
body; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.003, Government Code, is amended by | ||
adding Subdivision (7) to read as follows: | ||
(7) "Temporary custodian" means an officer or employee | ||
of a governmental body who, in the transaction of official | ||
business, creates or receives public information that the officer | ||
or employee has not provided to the officer for public information | ||
of the governmental body or the officer's agent. The term includes | ||
a former officer or employee of a governmental body who created or | ||
received public information in the officer's or employee's official | ||
capacity that has not been provided to the officer for public | ||
information of the governmental body or the officer's agent. | ||
SECTION 2. Section 552.203, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC | ||
INFORMATION. Each officer for public information, subject to | ||
penalties provided in this chapter, shall: | ||
(1) make public information available for public | ||
inspection and copying; | ||
(2) carefully protect public information from | ||
deterioration, alteration, mutilation, loss, or unlawful removal; | ||
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(3) repair, renovate, or rebind public information as | ||
necessary to maintain it properly; and | ||
(4) make reasonable efforts to obtain public | ||
information from a temporary custodian if: | ||
(A) the information has been requested from the | ||
governmental body; | ||
(B) the officer for public information is aware | ||
of facts sufficient to warrant a reasonable belief that the | ||
temporary custodian has possession, custody, or control of the | ||
information; | ||
(C) the officer for public information is unable | ||
to comply with the duties imposed by this chapter without obtaining | ||
the information from the temporary custodian; and | ||
(D) the temporary custodian has not provided the | ||
information to the officer for public information of the | ||
governmental body or the officer's agent. | ||
SECTION 3. Subchapter E, Chapter 552, Government Code, is | ||
amended by adding Section 552.234 to read as follows: | ||
Sec. 552.234. OWNERSHIP OF PUBLIC INFORMATION. (a) A | ||
current or former officer or employee of a governmental body does | ||
not have, by virtue of the officer's or employee's position or | ||
former position, a personal or property right to public information | ||
the officer or employee created or received while acting in an | ||
official capacity. | ||
(b) A temporary custodian with possession, custody, or | ||
control of public information shall surrender or return the | ||
information to the governmental body not later than the 10th day | ||
after the date the officer for public information of the | ||
governmental body or the officer's agent requests the temporary | ||
custodian to surrender or return the information. | ||
(c) If a temporary custodian fails to surrender or return | ||
public information to a governmental body as required by Subsection | ||
(b), the officer for public information of the governmental body | ||
shall, not later than the 10th business day after the deadline to | ||
surrender or return information under Subsection (b), notify the | ||
attorney general in writing of the facts related to the failure and | ||
send a copy of the written notice to the requestor. On receipt of | ||
written notice from an officer for public information as provided | ||
by this subsection, the attorney general may sue for an injunction | ||
or writ of mandamus to compel a temporary custodian with | ||
possession, custody, or control of public information to surrender | ||
or return the information as required by Subsection (b). A suit | ||
filed under this subsection: | ||
(1) must be filed in a district court for the county in | ||
which the main offices of the governmental body are located; | ||
(2) may not proceed, and process may not be issued, | ||
until the court enters a written finding that the petition sets | ||
forth facts sufficient to warrant probable cause that the current | ||
or former officer or employee against whom the action is filed is in | ||
possession, custody, or control of public information that has not | ||
been made available to the governmental body that owns the | ||
information; and | ||
(3) shall be dismissed, with prejudice except as | ||
provided by Subsection (e), if the current or former officer or | ||
employee files an answer containing a general denial supported by a | ||
sworn affidavit stating the current or former officer or employee | ||
is not in possession, custody, or control of public information | ||
responsive to the request at issue. | ||
(d) The attorney general shall send a copy of a petition | ||
filed under Subsection (c) to the requestor. | ||
(e) A suit dismissed under Subsection (c)(3) is dismissed | ||
without prejudice and may be refiled by the attorney general if the | ||
current or former officer or employee, in providing the affidavit | ||
authorized under Subsection (c)(3), engaged in conduct that is an | ||
offense under Section 37.02 or 37.03, Penal Code, and is arrested, | ||
charged, or indicted for that offense. Subsection (c)(3) does not | ||
apply to a suit refiled under this subsection. | ||
(f) For purposes of the application of Subchapter G to | ||
information surrendered or returned to a governmental body by a | ||
temporary custodian under Subsection (b) or as a result of a suit | ||
under Subsection (c), the governmental body is considered to | ||
receive the request for that information on the date the | ||
information is surrendered or returned to the governmental body. | ||
SECTION 4. The heading to Section 552.353, Government Code, | ||
is amended to read as follows: | ||
Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC | ||
INFORMATION OR TEMPORARY CUSTODIAN TO PROVIDE ACCESS TO OR COPYING | ||
OF PUBLIC INFORMATION. | ||
SECTION 5. Section 552.353, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A temporary custodian who has possession, custody, or | ||
control of public information responsive to a request commits an | ||
offense if, with criminal negligence, the temporary custodian fails | ||
to surrender or return the information to the governmental body on | ||
request of the officer for public information or the officer's | ||
agent, as required by Section 552.234(b). | ||
SECTION 6. This Act takes effect September 1, 2015. |