Bill Text: TX SB1655 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the availability of certain information under the public information law.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB1655 Detail]
Download: Texas-2017-SB1655-Comm_Sub.html
By: Watson | S.B. No. 1655 | |
(Elkins) | ||
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relating to the availability of certain information under the | ||
public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.101, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. | ||
(a) Information is excepted from the requirements of Section | ||
552.021 if it is information considered to be confidential by law, | ||
either constitutional, statutory, or by judicial decision. | ||
(b) The exception to disclosure provided by Subsection (a) | ||
does not apply to information considered to be: | ||
(1) privileged under an evidentiary privilege created | ||
by the Texas Rules of Civil Procedure, the Texas Rules of Evidence, | ||
the Texas Disciplinary Rules of Professional Conduct, the Federal | ||
Rules of Evidence, or the Federal Rules of Civil Procedure, | ||
including the attorney-client privilege, the attorney work product | ||
privilege, or any other state or federal discovery privilege; or | ||
(2) excepted from required disclosure under another | ||
provision of this chapter. | ||
SECTION 2. 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. (a) If | ||
a governmental body does not request an attorney general decision | ||
as provided by Section 552.301 and provide the requestor with the | ||
information required by Sections 552.301(d) and (e-1), 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. | ||
(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108, | ||
552.111, 552.112, 552.116, 552.122, 552.125, 552.144, 552.146, | ||
552.153, and 552.154 do not constitute compelling reasons to | ||
withhold information under Subsection (a) for a governmental body | ||
that fails to comply with the requirements of Section 552.301. | ||
SECTION 3. Section 552.305, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) A governmental body's failure to comply with the | ||
requirements of Section 552.301 does not affect another person's | ||
privacy or property interests or the person's ability under this | ||
section to submit a letter, memorandum, or brief in support of each | ||
reason why the information should be withheld. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a request for information received by a governmental body on or | ||
after the effective date of this Act. A request received before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the request was received, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. |