bill giving records requesters an answer in 10 business days

The text as introduced · 523 words

89R5687 MCK-F

By: Zaffirini
S.B. No. 919

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's public

information officer or the officer's designee 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, 2025.