Bettencourt Bill Makes Requestors Wait 45 To 55 Business Days

The text as introduced · 724 words

89R13964 JON-F

By: Bettencourt
S.B. No. 2680

A BILL TO BE ENTITLED

AN ACT

relating to the public information law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.0031, Government Code, is amended by

adding Subsection (g) to read as follows:

(g) The attorney general may determine that a governmental

body is or has been temporarily unable to respond to a request for

information due to a disaster or other event that prevents the

governmental body from conducting business. On making a

determination under this subsection, the attorney general may

designate a day on which the governmental body's administrative

offices are closed or operating with minimum staffing as a

nonbusiness day. The attorney general may designate not more than

30 nonbusiness days for a governmental body under this subsection

in each calendar year. The attorney general shall maintain on the

Internet website of the attorney general for not less than two years

information regarding each designation made under this subsection.

The attorney general by rule shall establish procedures for making

a designation under this subsection.

SECTION 2. Section 552.108(d), Government Code, as added by

Chapter 986 (H.B. 30), Acts of the 88th Legislature, Regular

Session, 2023, is redesignated as Section 552.108(c-1), Government

Code, to read as follows:

(c-1) [ (d) ] The exception to disclosure provided by

Subsection (a)(2) does not apply to information, records, or

notations if:

(1) a person who is described by or depicted in the

information, record, or notation, other than a peace officer, is

deceased or incapacitated; or

(2) each person who is described by or depicted in the

information, record, or notation, other than a person who is

deceased or incapacitated, consents to the release of the

information, record, or notation.

SECTION 3. Sections 552.11765(a) and (b), Government Code,

are amended to read as follows:

(a) In this section :

(1) "License" [ , "license" ] means a license,

certificate, registration, permit, or other authorization that:

(A) [ (1) ] is issued by a licensing authority

[ governmental body described by Section 552.003(1)(A)(i) ]; and

(B) [ (2) ] an individual must obtain to practice

or engage in a particular [ business, ] occupation[ , ] or profession.

(2) "Licensing authority" means a department,

commission, board, office, or other agency of the state that issues

or renews a license.

(b) Except as provided by Subsections (c) and (d),

information maintained by a governmental body that is a licensing

authority [ described by Section 552.003(1)(A)(i) ] is confidential

and excepted from the requirements of Section 552.021 if the

information:

(1) is a license application; or

(2) relates to the home address, home telephone

number, electronic mail address, social security number, date of

birth, driver's license number, state identification number,

passport number, emergency contact information, or payment

information of:

(A) an applicant for a license issued by the

governmental body;

(B) an individual who holds a license issued by

the governmental body; or

(C) an individual who previously held a license

issued by the governmental body.

SECTION 4. Section 552.321, Government Code, is amended by

adding Subsections (d) and (e) to read as follows:

(d) If a governmental body requests a decision under Section

552.301, a requestor may file suit under this section not earlier

than the 45th business day after the date the attorney general

receives the request for a decision. If the attorney general

extends the period for issuing the decision as permitted by Section

552.306(a), a requestor may file suit under this section not

earlier than the 55th business day after the date the attorney

general received the request for a decision.

(e) If the attorney general issues an opinion under Section

552.306 that information that is the subject of the opinion is

within an exception under Subchapter C, in a suit under this

subchapter there is a rebuttable presumption that the information

is within the exception.

SECTION 5. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 6. Section 552.321(d), Government Code, as added by

this Act, applies only to a suit filed under Section 552.321,

Government Code, that is filed on or after the effective date of

this Act.

SECTION 7. This Act takes effect September 1, 2025.