HB981 - Relating to access to certain litigation, law enforcement, corrections, and prosecutorial records under the public information law.

      By: Hernandez of Dallas H.B. No. 981       A BILL TO BE ENTITLED   AN ACT   relating to access to certain litigation, law enforcement,   corrections, and prosecutorial records under the public   information law.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.103(c), Government Code, is amended   to read as follows:          (c)  Information relating to litigation involving a   governmental body or an officer or employee of a governmental body   is excepted from disclosure under Subsection (a) only if the   litigation is pending or reasonably anticipated on the date that   the requestor applies to the officer for public information for   access to or duplication of the information. For purposes of this   section, litigation is considered reasonably anticipated only if a   person with an alleged claim, or that person's attorney, has:                 (1)     threatened in writing to take legal action against   the governmental body; or                   (2)     made a written demand for compensation as a result   of an alleged claim against the governmental body.          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 amended by to read as follows:          (d)   Information described [ The exception to disclosure   provided ] by Subsection (a)(2) or an internal record or notation   described by Subsection (b)(2) is not excepted from the   requirements of Section 552.021 in response to a written request   for the [ does not apply to ] information, record, or notation made by   [ records, or notations if ]:                (1)  a person who is the subject of [ described by or   depicted in ] the information, record, or notation, or the person's   attorney [ other than a peace officer, is deceased or   incapacitated ]; or                (2)   if the person described by Subdivision (1) [ each   person who is described by or depicted in the information, record,   or notation, other than a person who ] is deceased , the person's   spouse, child, or parent, an administrator of the person's estate,   or any of their attorneys [ or incapacitated, consents to the   release of the information, record, or notation ].          SECTION 3.  The changes in law made by this Act to Sections   552.103 and 552.108, Government Code, apply only to a request for   information that is received by a governmental body or an officer or   employee of a governmental body 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 4.  This Act takes effect September 1, 2025.