Bill Text: TX HB2191 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the public information law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Committee report sent to Calendars [HB2191 Detail]
Download: Texas-2019-HB2191-Comm_Sub.html
86R23110 TJB-D | |||
By: Capriglione | H.B. No. 2191 | ||
Substitute the following for H.B. No. 2191: | |||
By: Hernandez | C.S.H.B. No. 2191 |
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relating to the public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.002, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) "Protected health information" as defined by Section | ||
181.006, Health and Safety Code, is not public information and is | ||
not subject to disclosure under this chapter. | ||
SECTION 2. 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 3. Section 552.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.004. PRESERVATION OF INFORMATION. (a) A | ||
governmental body or, for information of an elective county office, | ||
the elected county officer, may determine a time for which | ||
information that is not currently in use will be preserved, subject | ||
to Subsection (b) and to any applicable rule or law governing the | ||
destruction and other disposition of state and local government | ||
records or public information. | ||
(b) A current or former officer or employee of a | ||
governmental body who maintains public information on a privately | ||
owned device shall: | ||
(1) forward or transfer the public information to the | ||
governmental body or a governmental body server to be preserved as | ||
provided by Subsection (a); or | ||
(2) preserve the public information in its original | ||
form in a backup or archive and on the privately owned device for | ||
the time described under Subsection (a). | ||
(c) The provisions of Chapter 441 of this code and Title 6, | ||
Local Government Code, governing the preservation, destruction, or | ||
other disposition of records or public information apply to records | ||
and public information held by a temporary custodian. | ||
SECTION 4. 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 or the officer's | ||
agent. | ||
SECTION 5. Subchapter E, Chapter 552, Government Code, is | ||
amended by adding Sections 552.233, 552.234, and 552.235 to read as | ||
follows: | ||
Sec. 552.233. 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) A temporary custodian's failure to surrender or return | ||
public information as required by Subsection (b) is grounds for | ||
disciplinary action by the governmental body that employs the | ||
temporary custodian or any other applicable penalties provided by | ||
this chapter or other law. | ||
(d) For purposes of the application of Subchapter G to | ||
information surrendered or returned to a governmental body by a | ||
temporary custodian under Subsection (b), 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. | ||
Sec. 552.234. METHOD OF MAKING WRITTEN REQUEST FOR PUBLIC | ||
INFORMATION. (a) A person may make a written request for public | ||
information under this chapter only by delivering the request by | ||
one of the following methods to the applicable officer for public | ||
information or a person designated by that officer: | ||
(1) United States mail; | ||
(2) electronic mail; | ||
(3) hand delivery; or | ||
(4) any other appropriate method approved by the | ||
governmental body, including: | ||
(A) facsimile transmission; and | ||
(B) electronic submission through the | ||
governmental body's Internet website. | ||
(b) For the purpose of Subsection (a)(4), a governmental | ||
body is considered to have approved a method described by that | ||
subdivision only if the governmental body includes a statement that | ||
a request for public information may be made by that method on: | ||
(1) the sign required to be displayed by the | ||
governmental body under Section 552.205; or | ||
(2) the governmental body's Internet website. | ||
(c) A governmental body may designate one mailing address | ||
and one electronic mail address for receiving written requests for | ||
public information. The governmental body shall provide the | ||
designated mailing address and electronic mailing address to any | ||
person on request. | ||
(d) A governmental body that posts the mailing address and | ||
electronic mail address designated by the governmental body under | ||
Subsection (c) on the governmental body's Internet website or that | ||
prints those addresses on the sign required to be displayed by the | ||
governmental body under Section 552.205 is not required to respond | ||
to a written request for public information unless the request is | ||
received: | ||
(1) at one of those addresses; | ||
(2) by hand delivery; or | ||
(3) by a method described by Subsection (a)(4) that | ||
has been approved by the governmental body. | ||
Sec. 552.235. PUBLIC INFORMATION REQUEST FORM. (a) The | ||
attorney general shall create a public information request form | ||
that provides a requestor the option of excluding from a request | ||
information that the governmental body determines is: | ||
(1) confidential; or | ||
(2) subject to an exception to disclosure that the | ||
governmental body would assert if the information were subject to | ||
the request. | ||
(b) A governmental body that allows requestors to use the | ||
form described by Subsection (a) and maintains an Internet website | ||
shall post the form on its website. | ||
SECTION 6. Section 552.301(c), Government Code, is | ||
repealed. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a request for public information received on or after the effective | ||
date of this Act. A request for public information received before | ||
the effective date of this Act is governed by the law in effect when | ||
the request was received, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 8. The attorney general shall create a public | ||
information request form under Section 552.235(a), Government | ||
Code, as added by this Act, not later than October 1, 2019. | ||
SECTION 9. This Act takes effect September 1, 2019. |