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.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1347 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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, [and] G, and J, a request
  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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