bill letting records requestors force mediation

The text as introduced · 520 words

90R6669 ZAG-F

By: Canales
H.B. No. 906

A BILL TO BE ENTITLED

AN ACT

relating to an alternative dispute resolution procedure regarding

certain matters under the public information law.

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

SECTION 1. Subchapter H, Chapter 552, Government Code, is

amended by adding Section 552.329 to read as follows:

Sec. 552.329. ALTERNATIVE DISPUTE RESOLUTION. (a) A

requestor may require a governmental body to participate in an

alternative dispute resolution procedure regarding a request for

information submitted by the requestor to the governmental body if:

(1) the governmental body has:

(A) provided a written statement to the requestor

under Section 552.231 or 552.2615 regarding the request; or

(B) requested a decision from the attorney

general under Section 552.301 regarding information that is the

subject of the request; and

(2) the requestor disagrees with:

(A) the determination of the governmental body

provided in the written statement described by Subdivision (1)(A);

or

(B) an assertion made by the governmental body in

the request described by Subdivision (1)(B).

(b) An alternative dispute resolution procedure conducted

under this section must be consistent with Chapter 154, Civil

Practice and Remedies Code.

(c) A requestor may initiate an alternative dispute

resolution procedure under this section by submitting written

notice to the applicable governmental body not later than the 180th

day after the date the requestor requests the information under

Section 552.221 that is the subject of the dispute. The notice

must:

(1) advise the governmental body that the requestor is

initiating the alternative dispute resolution procedure authorized

by this section regarding a request for information;

(2) state the date the requestor submitted the

request;

(3) describe the information requested; and

(4) state each remedy the requestor seeks to obtain.

(d) A governmental body that receives a notice under

Subsection (c) shall participate in an alternative dispute

resolution procedure.

(e) A requestor and a governmental body that will

participate in an alternative dispute resolution procedure

initiated under this section may agree to retain and share any costs

associated with the services of an impartial third party in

conducting the procedure. If the requestor and the governmental

body cannot agree on an impartial third party, the State Office of

Administrative Hearings shall conduct the procedure at no cost to

the requestor or the governmental body.

(f) This section may not be construed to affect a deadline

or duty prescribed under this chapter.

(g) This section may not be construed to prevent a requestor

from:

(1) clarifying or withdrawing the request that is the

subject of an alternative dispute resolution procedure initiated

under this section; or

(2) submitting another request under this chapter.

(h) The State Office of Administrative Hearings shall adopt

rules necessary to implement this section.

SECTION 2. The State Office of Administrative Hearings

shall adopt rules as required by Section 552.329(h), Government

Code, as added by this Act, not later than January 1, 2028.

SECTION 3. The change in law made by this Act applies only

to a request for public information received on or after January 1,

2028.

SECTION 4. This Act takes effect September 1, 2027.