Bill Text: TX SB618 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the public information law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to Business & Commerce [SB618 Detail]
Download: Texas-2023-SB618-Introduced.html
88R4235 MCK-F | ||
By: Johnson | S.B. No. 618 |
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relating to the public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 552, Government Code, is | ||
amended by adding Section 552.0031 to read as follows: | ||
Sec. 552.0031. BUSINESS DAYS. (a) Except as provided by | ||
this section, in this chapter "business day" means a day other than: | ||
(1) a Saturday or Sunday; | ||
(2) a national holiday under Section 662.003(a); or | ||
(3) a state holiday under Section 662.003(b). | ||
(b) The fact that an employee works from an alternative work | ||
site does not affect whether a day is considered a business day | ||
under this chapter. | ||
(c) An optional holiday under Section 662.003(c) is not a | ||
business day of a governmental body if the officer for public | ||
information of the governmental body observes the optional holiday. | ||
(d) A holiday established by the governing body of an | ||
institution of higher education under Section 662.011(a) is not a | ||
business day of the institution of higher education. | ||
(e) The Friday before or Monday after a holiday described by | ||
Subsection (a)(2) or (3) is not a business day of a governmental | ||
body if the holiday occurs on a Saturday or Sunday and the | ||
governmental body observes the holiday on that Friday or Monday. | ||
(f) Subject to the requirements of this subsection, a | ||
governmental body may designate a day on which the governmental | ||
body's administrative offices are closed or operating with minimum | ||
staffing as a nonbusiness day. The designation of a nonbusiness day | ||
for an independent school district must be made by the board of | ||
trustees. The designation of a nonbusiness day for a governmental | ||
body other than an independent school district must be made by the | ||
executive director or other chief administrative officer. A | ||
governmental body may designate not more than 10 nonbusiness days | ||
under this subsection each calendar year. A governmental body | ||
shall make a good faith effort to post advance notice of the | ||
nonbusiness days designated under this subsection on the | ||
governmental body's Internet website. | ||
SECTION 2. Section 552.261, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) A governmental body may not impose a charge under this | ||
subchapter for providing a copy of public information if the | ||
information is a report required to be filed with the governmental | ||
body under Subchapter C or D, Chapter 254, Election Code, unless all | ||
of those reports filed with the governmental body during the | ||
preceding year are available to the public on the governmental | ||
body's Internet website. | ||
SECTION 3. Section 552.301(b), Government Code, is amended | ||
to read as follows: | ||
(b) The governmental body must ask for the attorney | ||
general's decision and state the specific exceptions that apply | ||
within a reasonable time but not later than the 10th business day | ||
after the date of receiving the written request. | ||
SECTION 4. The heading to Subchapter H, Chapter 552, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT | ||
SECTION 5. Subchapter H, Chapter 552, Government Code, is | ||
amended by adding Section 552.328 to read as follows: | ||
Sec. 552.328. FAILURE TO RESPOND TO REQUESTOR. (a) If a | ||
governmental body fails to respond to a requestor as required by | ||
Section 552.221, the requestor may send a written complaint to the | ||
attorney general. | ||
(b) The complaint must include: | ||
(1) the original request for information; and | ||
(2) any correspondence received from the governmental | ||
body in response to the request. | ||
(c) If the attorney general determines the governmental | ||
body improperly failed to comply with Section 552.221 in connection | ||
with a request for which a complaint is made under this section: | ||
(1) the attorney general shall notify the governmental | ||
body in writing and require the governmental body to complete open | ||
records training not later than six months after receiving the | ||
notification; | ||
(2) the governmental body may not assess costs to the | ||
requestor for producing information in response to the request; and | ||
(3) if the governmental body seeks to withhold | ||
information in response to the request, the governmental body must: | ||
(A) request an attorney general decision under | ||
Section 552.301 not later than the fifth business day after the date | ||
the governmental body receives the notification under Subdivision | ||
(1); and | ||
(B) release the requested information unless | ||
there is a compelling reason to withhold the information. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a request for information that is received by a governmental body or | ||
an officer for public information on or after the effective date of | ||
this Act. | ||
SECTION 7. This Act takes effect September 1, 2023. |