Bill Text: TX SB927 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to a governmental body's response to a request for public information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-11 - Referred to Business & Commerce [SB927 Detail]

Download: Texas-2021-SB927-Introduced.html
  87R3213 SGM-F
 
  By: Zaffirini S.B. No. 927
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a governmental body's response to a request for public
  information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.221, Government Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  If the governmental body determines it has no
  information responsive to a request for information, the officer
  for public information shall notify the requestor in writing not
  later than the 10th business day after the date the request is
  received.
         (g)  If a governmental body determines the requested
  information is subject to a previous determination that permits or
  requires the governmental body to withhold the requested
  information, the officer for public information shall, not later
  than the 10th business day after the date the request is received:
               (1)  notify the requestor in writing that the
  information is being withheld; and
               (2)  identify in the notice the specific previous
  determination the governmental body is relying on to withhold the
  requested information.
         SECTION 2.  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 3.  The heading to Subchapter H, Chapter 552,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT
         SECTION 4.  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 5.  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 6.  This Act takes effect September 1, 2021.
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