Bill Text: TX SB1225 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the authority of a governmental body impacted by a catastrophe to temporarily suspend the requirements of the public information law.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-28 - Effective on 9/1/21 [SB1225 Detail]
Download: Texas-2021-SB1225-Enrolled.html
S.B. No. 1225 |
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relating to the authority of a governmental body impacted by a | ||
catastrophe to temporarily suspend the requirements of the public | ||
information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.233, Government Code, as added by | ||
Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular | ||
Session, 2019, is amended to read as follows: | ||
(a) In this section: | ||
(1) "Catastrophe" means a condition or occurrence that | ||
directly interferes with the ability of a governmental body to | ||
comply with the requirements of this chapter, including: | ||
(A) fire, flood, earthquake, hurricane, tornado, | ||
or wind, rain, or snow storm; | ||
(B) power failure, transportation failure, or | ||
interruption of communication facilities; | ||
(C) epidemic; or | ||
(D) riot, civil disturbance, enemy attack, or | ||
other actual or threatened act of lawlessness or violence. | ||
(2) "Catastrophe" does not mean a period when staff is | ||
required to work remotely and can access information responsive to | ||
an application for information electronically, but the physical | ||
office of the governmental body is closed. | ||
(3) "Suspension period" means the period of time | ||
during which a governmental body may suspend the applicability of | ||
the requirements of this chapter to the governmental body under | ||
this section. | ||
(b) The requirements of this chapter do not apply to a | ||
governmental body during the suspension period determined by the | ||
governmental body under Subsections (d) and (e) if the governmental | ||
body: | ||
(1) is currently significantly impacted by a | ||
catastrophe such that the catastrophe directly causes the inability | ||
of a governmental body to comply with the requirements of this | ||
chapter; and | ||
(2) complies with the requirements of this section. | ||
(d) A governmental body may suspend the applicability of the | ||
requirements of this chapter to the governmental body for an | ||
initial suspension period. The governmental body may suspend the | ||
applicability of the requirements of this chapter under this | ||
subsection only once for each catastrophe. The initial suspension | ||
period may not exceed seven consecutive days and must occur during | ||
the period that: | ||
(1) begins not earlier than the second day before the | ||
date the governmental body submits notice to the office of the | ||
attorney general under Subsection (c); and | ||
(2) ends not later than the seventh day after the date | ||
the governmental body submits that notice. | ||
(e) A governmental body may extend an initial suspension | ||
period if the governing body determines that the governing body is | ||
still impacted by the catastrophe on which the initial suspension | ||
period was based. The initial suspension period may be extended one | ||
time for not more than seven consecutive days that begin on the day | ||
following the day the initial suspension period ends. The | ||
governing body must submit notice of the extension to the office of | ||
the attorney general on the form prescribed by the office under | ||
Subsection (l) [ |
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(f) A governmental body that initiates a suspension period | ||
under Subsection (d) may not initiate another suspension period | ||
related to the same catastrophe, except for a single extension | ||
period as prescribed in Subsection (e). | ||
(g) The combined suspension period for a governmental body | ||
filing under Subsections (d) and (e) may not exceed a total of 14 | ||
consecutive calendar days with respect to any single catastrophe. | ||
(h) A governmental body that suspends the applicability of | ||
the requirements of this chapter to the governmental body under | ||
this section must provide notice to the public of the suspension in | ||
a place readily accessible to the public and in each other location | ||
the governmental body is required to post a notice under Subchapter | ||
C, Chapter 551. The governmental body must maintain the notice of | ||
the suspension during the suspension period. | ||
(i) [ |
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chapter, a request for public information received by a | ||
governmental body during a suspension period determined by the | ||
governmental body is considered to have been received by the | ||
governmental body on the first business day after the date the | ||
suspension period ends. | ||
(j) [ |
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request for public information received by a governmental body | ||
before the date an initial suspension period determined by the | ||
governmental body begins are tolled until the first business day | ||
after the date the suspension period ends. | ||
(k) [ |
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continuously post on the Internet website of the office each notice | ||
submitted to the office under this section from the date the office | ||
receives the notice until the first anniversary of that date. | ||
(l) [ |
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prescribe the form of the notice that a governmental body must | ||
submit to the office under Subsections (c) and (e). The notice must | ||
require the governmental body to: | ||
(1) identify and describe the catastrophe that the | ||
governmental body is currently impacted by; | ||
(2) state the date the initial suspension period | ||
determined by the governmental body under Subsection (d) begins and | ||
the date that period ends; | ||
(3) if the governmental body has determined to extend | ||
the initial suspension period under Subsection (e): | ||
(A) state that the governmental body continues to | ||
be impacted by the catastrophe identified in Subdivision (1); and | ||
(B) state the date the extension to the initial | ||
suspension period begins and the date the period ends; and | ||
(4) provide any other information the office of the | ||
attorney general determines necessary. | ||
(m) Upon conclusion of any suspension period initiated | ||
pursuant to Subsections (d) or (e), the governmental body shall | ||
immediately resume compliance with all requirements of this | ||
chapter. | ||
SECTION 2. Section 552.2211 is added to read as follows: | ||
Sec. 552.2211. PRODUCTION OF PUBLIC INFORMATION WHEN | ||
ADMINISTRATIVE OFFICES CLOSED. (a) Except as provided by Section | ||
552.233, if a governmental body closes its physical offices, but | ||
requires staff to work, including remotely, then the governmental | ||
body shall make a good faith effort to continue responding to | ||
applications for public information, to the extent staff have | ||
access to public information responsive to an application, pursuant | ||
to this chapter while its administrative offices are closed. | ||
(b) Failure to respond to requests in accordance with | ||
Subsection (a) may constitute a refusal to request an attorney | ||
general's decision as provided by Subchapter G or a refusal to | ||
supply public information or information that the attorney general | ||
has determined is public information that is not excepted from | ||
disclosure under Subchapter C as described by Subsection | ||
552.321(a). | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1225 passed the Senate on | ||
April 29, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1225 passed the House on | ||
May 11, 2021, by the following vote: Yeas 141, Nays 1, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |