an open records hotline, toll-free

The text as introduced · 643 words

89R3587 GP-F

By: Canales
H.B. No. 4990

A BILL TO BE ENTITLED

AN ACT

relating to compliance with the public information law, including

establishment of an open records hotline to provide information

about the requirements of 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 552.013 to read as follows:

Sec. 552.013. OPEN RECORDS HOTLINE. The attorney general

shall operate an open records hotline that a member of the public or

an employee or officer of a governmental body may access by calling

a toll-free telephone number to ask any question regarding the

requirements of this chapter, including the proper procedure to

request information from a governmental body and for a governing

body to comply with this chapter. The attorney general shall

respond to the caller's questions as the attorney general considers

appropriate to promote compliance with this chapter.

SECTION 2. Subchapter E, Chapter 552, Government Code, is

amended by adding Section 552.236 to read as follows:

Sec. 552.236. COMPLAINT OF FAILURE TO PRODUCE INFORMATION.

(a) A person who has requested public information from a

governmental body under this chapter and believes that the

governmental body has failed to provide the information in

compliance with this chapter may file a written complaint with the

attorney general.

(b) A person filing a complaint under this section must

include with the complaint:

(1) the original request for information that is the

subject of the complaint;

(2) any correspondence received from the governmental

body that is the subject of the complaint in response to the

request; and

(3) a statement setting forth how the complainant

believes that the governmental body has failed to comply with the

requirements of this chapter.

(c) The attorney general may submit written questions

regarding the complaint to the governmental body that is the

subject of the complaint. The governmental body shall respond in

writing to the questions not later than the fifth business day after

the date the questions are received by the governmental body.

(d) The attorney general shall review each complaint filed

under this section and issue a written response to both the

complainant and the governmental body that is the subject of the

complaint not later than the 20th business day after the date the

complaint is filed with the attorney general.

SECTION 3. Section 552.269(a), Government Code, is amended

to read as follows:

(a) A person who believes the person has been overcharged

for being provided with a copy of public information may complain to

the attorney general in writing of the alleged overcharge, setting

forth the reasons why the person believes the charges are

excessive. The attorney general shall review the complaint and

make a determination in writing not later than the 10th business day

after the date the complaint is received by the attorney general as

to the appropriate charge for providing the copy of the requested

information. The governmental body shall respond to the attorney

general to any written questions asked of the governmental body by

the attorney general regarding the charges for providing the copy

of the public information. The response must be made to the

attorney general not later than the fifth [ within 10 ] business day

[ days ] after the date the questions are received by the

governmental body. If the attorney general determines that a

governmental body has overcharged for providing the copy of

requested public information, the governmental body shall promptly

adjust its charges in accordance with the determination of the

attorney general.

SECTION 4. Section 552.269(a), Government Code, as amended

by this Act, applies only to a complaint made to the office of the

attorney general under that subsection on or after the effective

date of this Act.

SECTION 5. This Act takes effect September 1, 2025.