Bill Text: TX SB1347 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to an expedited response by a governmental body to a request for public information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-01 - Not again placed on intent calendar [SB1347 Detail]
Download: Texas-2017-SB1347-Comm_Sub.html
By: Watson | S.B. No. 1347 | |
(In the Senate - Filed March 6, 2017; March 14, 2017, read | ||
first time and referred to Committee on Business & Commerce; | ||
April 24, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1347 | By: Nichols |
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relating to an expedited response by a governmental body to a | ||
request for public information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.2615(g), Government Code, is amended | ||
to read as follows: | ||
(g) The time deadlines imposed by this section do not affect | ||
the application of a time deadline imposed on a governmental body | ||
under Subchapter G or J. | ||
SECTION 2. Section 552.263(e), Government Code, is amended | ||
to read as follows: | ||
(e) For purposes of Subchapters F, [ |
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for a copy of public information is considered to have been received | ||
by a governmental body on the date the governmental body receives | ||
the deposit or bond for payment of anticipated costs or unpaid | ||
amounts if the governmental body's officer for public information | ||
or the officer's agent requires a deposit or bond in accordance with | ||
this section. | ||
SECTION 3. Section 552.302, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY | ||
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a | ||
governmental body does not request an attorney general decision as | ||
provided by Section 552.301 or in response to an appeal under | ||
Subchapter J and provide the requestor with the information | ||
required by Sections 552.301(d) and (e-1) or Section 552.404(b), | ||
the information requested in writing is presumed to be subject to | ||
required public disclosure and must be released unless there is a | ||
compelling reason to withhold the information. | ||
SECTION 4. Section 552.352, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) It is an affirmative defense to prosecution under | ||
Subsection (a) that the defendant released information under | ||
Subchapter J and did not release confidential information | ||
intentionally, as defined by Section 6.03, Penal Code. | ||
SECTION 5. Chapter 552, Government Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. EXPEDITED RESPONSE PROCEDURE | ||
Sec. 552.401. REQUEST FOR ATTORNEY GENERAL DECISION NOT | ||
REQUIRED. (a) Subject to Subsection (b) and Sections 552.403 and | ||
552.405, a governmental body that receives a written request for | ||
information and complies with the requirements of this subchapter | ||
may withhold any information it makes a good faith determination is | ||
excepted from required public disclosure under this chapter without | ||
the necessity of requesting a decision from the attorney general | ||
under Subchapter G. | ||
(b) If the requested information may involve a person's | ||
interests as provided by Section 552.305, the governmental body may | ||
not respond to the request under Subsection (a). | ||
Sec. 552.402. RESPONSE REQUIREMENTS. (a) A governmental | ||
body that withholds information under this subchapter must respond | ||
to the requestor not later than the fifth business day after the | ||
date the governmental body receives a written request for that | ||
information by providing the requestor with: | ||
(1) a list of the exceptions under Subchapter C and, if | ||
applicable, the judicial decisions or constitutional or statutory | ||
laws the governmental body determines are applicable to the | ||
information being withheld; | ||
(2) all information the governmental body determines | ||
is not excepted from disclosure, including, if applicable, | ||
partially redacted information with the redacted portions clearly | ||
marked and labeled with the exceptions the governmental body relied | ||
on to redact the information; | ||
(3) a description of the volume and type of | ||
information withheld; and | ||
(4) a notice form promulgated by the attorney general | ||
that includes, at a minimum: | ||
(A) a unique identification number assigned by | ||
the governmental body; | ||
(B) a description of the appeal procedure; | ||
(C) an appeal form the requestor must use to | ||
appeal the withholding of information under this subchapter; | ||
(D) a reference to the requestor's rights under | ||
this chapter; and | ||
(E) the name of an individual who holds an active | ||
training certificate issued under Section 552.406 and a | ||
confirmation by that individual that the individual reviewed and | ||
approved the response. | ||
(b) The governmental body shall retain, at a minimum, an | ||
electronic or paper copy of the notice it provides to the requestor | ||
under Subsection (a)(4) for the length of time the governmental | ||
body retains the request for information. | ||
Sec. 552.403. APPEAL. (a) On receipt of a response by a | ||
governmental body under this subchapter, the requestor may appeal | ||
the withholding of information in the response not later than the | ||
30th calendar day after the date the requestor receives the | ||
response. | ||
(b) The requestor must submit the appeal to the governmental | ||
body that responded under this subchapter on the appeal form | ||
provided to the requestor by the governmental body under Section | ||
552.402(a)(4). | ||
(c) The appeal is considered a new request and is subject to | ||
the procedural requirements of Section 552.404. | ||
(d) A governmental body may not seek to narrow or clarify an | ||
appeal made under this subchapter under Section 552.222(b). | ||
(e) A governmental body may not respond to a requestor under | ||
Section 552.232 in response to an appeal made under this | ||
subchapter. | ||
(f) Notwithstanding Sections 552.024(c)(2), 552.1175(f), | ||
552.130(c), 552.136(c), and 552.138(c), a governmental body must | ||
request an attorney general decision to withhold information | ||
described by those provisions in response to an appeal. | ||
Sec. 552.404. REQUEST FOR ATTORNEY GENERAL DECISION IN | ||
RESPONSE TO APPEAL. (a) Except as otherwise provided by this | ||
subchapter: | ||
(1) the appeal is subject to the provisions of this | ||
chapter; and | ||
(2) an attorney general's decision that was requested | ||
under this section is considered to be a decision under Subchapter | ||
G. | ||
(b) A governmental body that receives an appeal under | ||
Section 552.403 shall, within a reasonable time, but not later than | ||
the 10th business day after the date the governmental body receives | ||
the appeal, submit to the attorney general: | ||
(1) a request for the attorney general's decision; | ||
(2) a copy of the original written request for | ||
information; | ||
(3) a copy of the appeal form received by the | ||
governmental body; | ||
(4) a signed statement as to the date on which the | ||
appeal was received by the governmental body or evidence sufficient | ||
to establish the date; | ||
(5) the exceptions that apply and written comments | ||
stating the reasons why the stated exceptions apply that would | ||
allow the information to be withheld; | ||
(6) if the governmental body provided partially | ||
redacted information to the requestor in its initial response under | ||
this subchapter, an unredacted copy of the information the | ||
governmental body provided to the requestor with the copy clearly | ||
marked indicating the released portions and the withheld portions | ||
labeled with the exceptions the governmental body relied on to | ||
withhold the information; and | ||
(7) a copy of the specific information the | ||
governmental body seeks to withhold, or representative samples of | ||
the information, labeled to indicate which exceptions apply to | ||
which parts of the copy. | ||
(c) A governmental body that receives an appeal under | ||
Section 552.403 shall, within a reasonable time, but not later than | ||
the 10th business day after the date the governmental body receives | ||
the appeal, send a copy of the comments submitted under Subsection | ||
(b)(5) to the requestor. If the written comments disclose or | ||
contain the substance of the information requested, the copy of the | ||
comments provided to the requestor must be a redacted copy. | ||
Sec. 552.405. ELIGIBILITY. Before a governmental body may | ||
respond to a request under this subchapter: | ||
(1) the governmental body's public information officer | ||
or the officer's designee must hold an active training certificate | ||
issued under Section 552.406; and | ||
(2) the governmental body may not have had its | ||
authorization to rely on this subchapter revoked under Section | ||
552.407. | ||
Sec. 552.406. TRAINING. (a) The public information | ||
officer for a governmental body that responds to a request under | ||
this subchapter or the officer's designee must have completed in | ||
the four years preceding the response a course of training of not | ||
less than four hours or more than six hours regarding the | ||
responsibilities of the governmental body under this subchapter. | ||
(b) The attorney general shall ensure that the training is | ||
made available. The attorney general shall prepare and from time to | ||
time revise at least one course of training that is available in an | ||
online presentation format. The online training may be broken into | ||
separate sections. The online training must provide a means to | ||
verify that the trainee observed and comprehended the full online | ||
training session or, if applicable, each section of the training. | ||
(c) At a minimum, the training must include instruction in: | ||
(1) the general background of the legal requirements | ||
for the governmental body's use of this subchapter and related law; | ||
(2) the applicability of this subchapter to | ||
governmental bodies; | ||
(3) the procedures and requirements for complying with | ||
an appeal under this subchapter; | ||
(4) the role of the attorney general under this | ||
subchapter; and | ||
(5) penalties and other consequences for failing to | ||
comply with this subchapter. | ||
(d) For a governmental body with its main offices located in | ||
a county with a population of 250,000 or less, the public | ||
information officer or the officer's designee must complete the | ||
training in person or online. For a governmental body with its main | ||
offices located in a county with a population of more than 250,000, | ||
the public information officer or the officer's designee must | ||
complete the training in person from the office of the attorney | ||
general. | ||
(e) The office of the attorney general shall provide a | ||
certificate to a person who completes the training required by this | ||
section and keep records of the training certificates issued. A | ||
governmental body shall maintain the training certificate of any | ||
individual who provides a confirmation under Section | ||
552.402(a)(4)(E) and make the certificate available for public | ||
inspection. | ||
Sec. 552.407. REVOCATION. (a) If the attorney general | ||
determines that a governmental body failed to comply with the | ||
requirements of this chapter, the office of the attorney general, | ||
in its sole discretion, may revoke the governmental body's | ||
authorization to respond under this subchapter or the training | ||
certificate issued to an individual responsible for the | ||
governmental body's failure. | ||
(b) The attorney general shall create a notice of revocation | ||
form. The attorney general shall inform a governmental body that | ||
the attorney general has revoked the governmental body's | ||
eligibility under Subsection (a) or an individual that the attorney | ||
general has revoked the individual's training certificate by | ||
sending the notice of revocation form by certified mail or by | ||
another written method of notice that requires the return of a | ||
receipt. | ||
(c) The notice of revocation provided to a governmental body | ||
must inform the governmental body of the length of time the | ||
revocation is in effect. The length of time the governmental body's | ||
revocation is in effect may not exceed six months from the date the | ||
governmental body receives the notice of revocation form. | ||
(d) The notice of revocation form provided to an individual | ||
must inform the individual that the attorney general has revoked | ||
the individual's training certificate under Subsection (a). The | ||
individual must repeat the course of training under Section 552.406 | ||
to obtain a new training certificate. | ||
(e) If an individual is employed by a governmental body when | ||
the governmental body's authorization to respond under this | ||
subchapter is revoked under Subsection (a), and the individual | ||
obtains employment at a different governmental body with | ||
authorization to respond under this subchapter, the individual may | ||
not provide a confirmation under Section 552.402(a)(4)(E) until the | ||
revocation period for the initial governmental body has expired. | ||
(f) The office of the attorney general shall publish on its | ||
Internet website: | ||
(1) a list that provides the first and last names of | ||
individuals who hold an active training certificate issued under | ||
Section 552.406, the date each individual's training was completed, | ||
and the date each individual's training certificate expires; and | ||
(2) a list of the governmental bodies that are not | ||
authorized to respond to a request under this subchapter because | ||
their authorization has been revoked under Subsection (a). | ||
Sec. 552.408. REPORT ON IMPLEMENTATION OF SUBCHAPTER. | ||
(a) For the state fiscal biennium beginning September 1, 2017, the | ||
attorney general shall collect data detailing the number of: | ||
(1) requests for decisions in response to appeals the | ||
attorney general receives under Section 552.404; | ||
(2) individuals who complete training under Section | ||
552.406; | ||
(3) governmental bodies that have their authorization | ||
to respond under this subchapter revoked under Section 552.407; and | ||
(4) individuals who have their training certificates | ||
revoked under Section 552.407. | ||
(b) Not later than February 1, 2019, the attorney general | ||
shall make the data collected under Subsection (a) available on the | ||
attorney general's Internet website for open records. | ||
(c) This section expires September 1, 2019. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a request for information that is received by a governmental body on | ||
or after the effective date of this Act. A request for information | ||
that was received before the effective date of this Act is governed | ||
by the law that was in effect on the date the request was received, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2017. | ||
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