Bill Text: TX SB1491 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the electronic submission of requests for attorney general decisions under the public information law; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to Business & Commerce [SB1491 Detail]
Download: Texas-2021-SB1491-Introduced.html
87R4572 SGM-F | ||
By: Bettencourt | S.B. No. 1491 |
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relating to the electronic submission of requests for attorney | ||
general decisions under the public information law; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter G, Chapter 552, Government Code, is | ||
amended by adding Section 552.3031 to read as follows: | ||
Sec. 552.3031. ELECTRONIC SUBMISSION OF REQUEST FOR | ||
ATTORNEY GENERAL DECISION. (a) This section does not apply to a | ||
request for an attorney general decision made under this subchapter | ||
if: | ||
(1) the governmental body requesting the decision: | ||
(A) has fewer than 16 full-time employees; or | ||
(B) is located in a county with a population of | ||
less than 250,000; or | ||
(2) the amount or format of responsive information at | ||
issue in a particular request makes use of the attorney general's | ||
electronic filing system impractical or impossible. | ||
(b) A governmental body that requests an attorney general | ||
decision under this subchapter must submit the request through the | ||
attorney general's designated electronic filing system. | ||
(c) The attorney general may charge a fee for a request | ||
described by Subsection (a)(2) that is submitted in a manner other | ||
than the manner described by Subsection (b). | ||
(d) The attorney general may adopt rules necessary to | ||
implement this section, including rules that define the amount or | ||
type of formatting of information described by Subsection (a)(2) | ||
that makes use of the electronic filing system impractical or | ||
impossible. | ||
SECTION 2. Section 552.308, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL, | ||
INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as | ||
provided by Section 552.3031, when [ |
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a request, notice, or other document to be submitted or otherwise | ||
given to a person within a specified period, the requirement is met | ||
in a timely fashion if the document is sent to the person by first | ||
class United States mail or common or contract carrier properly | ||
addressed with postage or handling charges prepaid and: | ||
(1) it bears a post office cancellation mark or a | ||
receipt mark of a common or contract carrier indicating a time | ||
within that period; or | ||
(2) the person required to submit or otherwise give | ||
the document furnishes satisfactory proof that it was deposited in | ||
the mail or with a common or contract carrier within that period. | ||
(b) Except as provided by Section 552.3031, when [ |
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subchapter requires an agency of this state to submit or otherwise | ||
give to the attorney general within a specified period a request, | ||
notice, or other writing, the requirement is met in a timely fashion | ||
if: | ||
(1) the request, notice, or other writing is sent to | ||
the attorney general by interagency mail; and | ||
(2) the agency provides evidence sufficient to | ||
establish that the request, notice, or other writing was deposited | ||
in the interagency mail within that period. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a request for public information received by a governmental body or | ||
officer for public information on or after the effective date of | ||
this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. |