HB1435 - Relating to an expedited response by a governmental body to a request for public information.

      By: Hickland H.B. No. 1435       A BILL TO BE ENTITLED   AN ACT   relating to an expedited response by a governmental body to a   request for public information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.2615(g), Government Code, is amended   to read as follows:          (g)  The time deadlines imposed by this section do not affect   the application of a time deadline imposed on a governmental body   under Subchapter G or K .          SECTION 2.  Section 552.263(e), Government Code, is amended   to read as follows:          (e)  For purposes of this subchapter and  Subchapters [ F and ]   G and K , a request for a copy of public information is considered to   have been received by a governmental body on the date the   governmental body receives the deposit or bond for payment of   anticipated costs or unpaid amounts if the governmental body's   officer for public information or the officer's agent requires a   deposit or bond in accordance with this section.          SECTION 3.  Section 552.302, Government Code, is amended to   read as follows:          Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY   GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a   governmental body does not request an attorney general decision as   provided by Section 552.301 or in response to an appeal under   Subchapter K and provide the requestor with the information   required by Sections 552.301(d) and (e-1) or Section 552.405(b) ,   the information requested in writing is presumed to be subject to   required public disclosure and must be released unless there is a   compelling reason to withhold the information.          SECTION 4.  Section 552.321(a), Government Code, is amended   to read as follows:          (a)  A requestor or the attorney general may file suit for a   writ of mandamus compelling a governmental body to make information   available for public inspection if the governmental body refuses to   request an attorney general's decision as provided by Subchapter G   or Section 552.405 or refuses to supply public information or   information that the attorney general has determined is public   information that is not excepted from disclosure under Subchapter   C.          SECTION 5.  Section 552.352, Government Code, is amended by   adding Subsection (d) to read as follows:           (d)     It is an affirmative defense to prosecution under   Subsection (a) that the defendant released information under   Subchapter K and did not release confidential information   intentionally, as defined by Section 6.03, Penal Code.          SECTION 6.  Section 552.353(b), Government Code, is amended   to read as follows:          (b)  It is an affirmative defense to prosecution under   Subsection (a) that the officer for public information reasonably   believed that public access to the requested information was not   required and that:                (1)  the officer acted in reasonable reliance on a   court order or a written interpretation of this chapter contained   in an opinion of a court of record or of the attorney general issued   under Subchapter G;                (2)  the officer requested a decision from the attorney   general in accordance with Subchapter G or Section 552.405 , and the   decision is pending; or                (3)  not later than the 10th calendar day after the date   of receipt of a decision by the attorney general that the   information is public, the officer or the governmental body for   whom the defendant is the officer for public information filed a   petition for a declaratory judgment against the attorney general in   a Travis County district court seeking relief from compliance with   the decision of the attorney general, as provided by Section   552.324, and the cause is pending.          SECTION 7.  Chapter 552, Government Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. EXPEDITED RESPONSE PROCEDURE           Sec.   552.401.     APPLICABILITY. (a) This subchapter does not   apply to a request for information that may involve a person's   privacy or property interest under Section 552.305.           (b)  This subchapter applies to a governmental body only if:                 (1)     the governmental body is a governmental body   described by Section 552.003(1)(A)(i);                 (2)     the governmental body's officer for public   information or the officer's designee holds an active training   certificate issued under Section 552.406; and                 (3)     the governmental body's authorization to respond   to a request for information under this subchapter is not revoked   under Section 552.407 on the date the request is received.           Sec.   552.402.     REQUEST FOR ATTORNEY GENERAL DECISION NOT   REQUIRED. Subject to Section 552.404, a governmental body that   receives a written request for information and complies with the   requirements of this subchapter may withhold any information it   makes a good faith determination is excepted from required public   disclosure under this chapter without the necessity of requesting a   decision from the attorney general under Subchapter G.           Sec.   552.403.     RESPONSE REQUIREMENTS. (a)   A governmental   body that withholds information under this subchapter must respond   to the requestor not later than the 10th business day after the date   the governmental body receives a written request for that   information by providing the requestor with:                 (1)     a list of the exceptions under Subchapter C and, if   applicable, the judicial decisions or constitutional or statutory   laws the governmental body determines are applicable to the   information being withheld;                 (2)     all information the governmental body determines   is not excepted from disclosure, including, if applicable,   partially redacted information with the redacted portions clearly   marked and labeled with the exceptions the governmental body relied   on to redact the information;                 (3)     a description of the volume and type of   information withheld; and                 (4)     a notice form promulgated by the attorney general   that includes, at a minimum:                       (A)     a unique identification number assigned by   the governmental body;                       (B)  a description of the appeal procedure;                       (C)     an appeal form the requestor must use to   appeal the withholding of information under this subchapter;                       (D)     a reference to the requestor's rights under   this chapter;                       (E)     the name of the individual who has received   training under Section 552.406; and                       (F)     a confirmation from the individual named in   Paragraph (E) that the individual reviewed and approved the   response.           (b)     The governmental body shall retain, at a minimum, an   electronic or paper copy of the notice it provides to the requestor   under Subsection (a)(4) for the length of time the governmental   body retains the request for information.           Sec.   552.404.     APPEAL. (a)   On receipt of a response by a   governmental body under Section 552.403, the requestor may appeal   the withholding of information in the response not later than the   30th calendar day after the date the requestor receives the   response.           (b)     The requestor must submit the appeal to the governmental   body that responded under Section 552.403 on the appeal form   provided to the requestor under Section 552.403(a)(4).           (c)     The appeal is considered a new request and is subject to   the procedural requirements of Section 552.405.           (d)     A governmental body may not seek to narrow or clarify an   appeal made under this section under Section 552.222(b).           (e)     A governmental body may not respond to a requestor under   Section 552.232 in response to an appeal made under this section.           (f)     Notwithstanding Sections 552.024(c)(2), 552.1175(f),   552.130(c), 552.136(c), and 552.138(c), a governmental body must   request an attorney general decision to withhold information   described by those provisions in response to an appeal.           Sec.   552.405.     REQUEST FOR ATTORNEY GENERAL DECISION IN   RESPONSE TO APPEAL. (a)   Except as provided by this subchapter:                 (1)     an appeal made under Section 552.404 is subject to   the provisions of this chapter; and                 (2)     an attorney general's decision requested under   this section is considered to be a decision under Subchapter G.           (b)     A governmental body that receives an appeal under   Section 552.404 shall, within a reasonable time, but not later than   the fifth business day after the date the governmental body   receives the appeal, submit to the attorney general:                 (1)  a request for an attorney general's decision;                 (2)     a copy of the original written request for   information;                 (3)     a signed statement as to the date on which the   written response required by Section 552.403 was provided to the   requestor, or evidence sufficient to establish that date;                 (4)     a copy of the appeal form received by the   governmental body;                 (5)     a signed statement as to the date on which the   appeal was received by the governmental body, or evidence   sufficient to establish the date;                 (6)     the exceptions that apply and written comments   stating the reasons why the stated exceptions apply that would   allow the information to be withheld;                 (7)     if the governmental body provided partially   redacted information to the requestor in its initial response under   Section 552.403, an unredacted copy of the information the   governmental body provided to the requestor with the copy clearly   marked indicating the released portions and the withheld portions   labeled with the exceptions the governmental body relied on to   withhold the information; and                 (8)     a copy of the specific information the   governmental body seeks to withhold, or representative samples of   the information, labeled to indicate which exceptions apply to   which parts of the copy.           (c)     A governmental body that receives an appeal under   Section 552.404 shall, within a reasonable time, but not later than   the fifth business day after the date the governmental body   r [Text truncated for display. 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