Middleton Bill Lets Stonewalled Requestors Complain To The Attorney General

The text as introduced · 1,472 words

89R8460 JON-F

By: Middleton
S.B. No. 852

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 552.221, 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 552.261, 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:

(1) 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 three years are available to

the public on the governmental body's Internet website;

(2) the officer for public information is required to

make a certification under Section 552.221(d) that the officer

cannot produce the public information for inspection or duplication

within 10 business days after the date the information is

requested;

(3) the governmental body asked for clarification of

the request under Section 552.222 later than the 10th business day

after the date the information was requested;

(4) the governmental body asked for a decision under

Section 552.301 with respect to the requested information and did

not provide to the requestor the information required by Section

552.301(d) or (e-1); or

(5) the attorney general issued a written opinion

under Section 552.306(b) determining that the requested

information is subject to mandatory disclosure under this chapter.

SECTION 3. Section 552.306(c), Government Code, is amended

to read as follows:

(c) A governmental body shall as soon as practicable but

within a reasonable period of time after the date the attorney

general issues an opinion under Subsection (b) regarding

information requested under this chapter:

(1) [ provide the requestor of the information an

itemized estimate of charges for production of the information if

the estimate is required by Section 552.2615;

[ (2) ] if the requested information is voluminous:

(A) take the following actions if the

governmental body determines that it is able to disclose the

information in a single batch:

(i) provide a written certified notice to

the requestor and the attorney general that it is impractical or

impossible for the governmental body to produce the information

within a reasonable period of time;

(ii) include in the notice the date and hour

that the governmental body will disclose the information to the

requestor, which may not be later than the 15th business day after

the date the governmental body provides the notice; and

(iii) produce the information at the date

and time included in the notice; or

(B) take the following actions if the

governmental body determines that it is unable to disclose the

information in a single batch:

(i) provide a written certified notice to

the requestor and the attorney general that it is impractical or

impossible for the governmental body to produce the information

within a reasonable period of time and in a single batch;

(ii) include in the notice the date and hour

that the governmental body will disclose the first batch of

information to the requestor, which may not be later than the 15th

business day after the date the governmental body provides the

notice;

(iii) provide a written certified notice to

the requestor and the attorney general when each subsequent batch

of information is disclosed to the requestor of the date and hour

that the governmental body will disclose the next batch of

information to the requestor, which may not be later than the 15th

business day after the date the governmental body provides the

notice; and

(iv) produce the requested information at

each date and time included in a notice;

(2) [ (3) ] produce the information if it is required to

be produced;

(3) [ (4) ] notify the requestor in writing that the

governmental body is withholding the information as authorized by

the opinion; or

(4) [ (5) ] notify the requestor in writing that the

governmental body has filed suit against the attorney general under

Section 552.324 regarding the information.

SECTION 4. Section 552.323, Government Code, is amended to

read as follows:

Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND

REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections

(b) and (c), in [ In ] an action brought under Section 552.321 , [ or ]

552.3215, 552.324, or 552.325, the court shall assess costs of

litigation and reasonable attorney fees incurred by a plaintiff or

intervening requestor:

(1) who substantially prevails ; or

(2) to whom a governmental body voluntarily releases

the requested information, unless before suit is filed:

(A) the body releases the information; or

(B) the body certifies a date and hour within a

reasonable time when the information will be available for

inspection or duplication.

(b) The [ , except that the ] court may not assess [ those ]

costs or [ and ] fees against a governmental body under Subsection

(a) if the court finds that the governmental body acted in

reasonable reliance on:

(1) a judgment or an order of a court applicable to the

governmental body;

(2) the published opinion of an appellate court; or

(3) a written decision of the attorney general,

including a decision issued under Subchapter G or an opinion issued

under Section 402.042.

(c) Notwithstanding Subsection (a), in an action brought

under Section 552.325 by a person or entity other than a

governmental body or officer for public information, the court

shall assess costs of litigation and reasonable attorney fees

incurred by an intervening requestor if the intervening requestor

substantially prevails.

[ (b) In an action brought under Section 552.324, the court

may not assess costs of litigation or reasonable attorney's fees

incurred by a plaintiff or defendant who substantially prevails

unless the court finds the action or the defense of the action was

groundless in fact or law. In exercising its discretion under this

subsection, the court shall consider whether the conduct of the

governmental body had a reasonable basis in law and whether the

litigation was brought in good faith. ]

SECTION 5. The heading to Subchapter H, Chapter 552,

Government Code, is amended to read as follows:

SUBCHAPTER H. CIVIL ENFORCEMENT ; COMPLAINT

SECTION 6. 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 7. 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. A request for information that was 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 8. This Act takes effect September 1, 2025.