HB1678 - Relating to the collection and disclosure of certain public information.

  89R2955 BEF-F     By: Canales H.B. No. 1678       A BILL TO BE ENTITLED   AN ACT   relating to the collection and disclosure of certain public   information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 2B, Code of Criminal   Procedure, is amended by adding Article 2B.01015 to read as   follows:           Art.   2B.01015.     RECORDINGS; APPLICABILITY. (a) A reference   in this subchapter to a "recording" by a body worn camera, however   phrased, means an audio recording, a video recording, or an   audiovisual recording.           (b)     Subsection (a) applies to a "body worn camera   recording," a "recording created with a body worn camera,"   "information recorded by a body worn camera," "recorded   information," and any synonymous word or phrase.          SECTION 2.  Section 552.101, Government Code, is amended to   read as follows:          Sec. 552.101.  EXCEPTION: CONFIDENTIAL INFORMATION.   (a)     Subject to Subsection (b), information [ Information ] is excepted   from the requirements of Section 552.021 if it is information   considered to be confidential by law, either constitutional,   statutory, or by judicial decision.           (b)  This section does not encompass:                 (1)  the attorney-client privilege;                 (2)  the work product privilege;                 (3)     another exception to disclosure provided by this   chapter; or                 (4)     a state or federal discovery privilege, including   a discovery privilege provided by the:                       (A)  Texas Rules of Civil Procedure;                       (B)  Texas Rules of Evidence;                       (C)     Texas Disciplinary Rules of Professional   Conduct;                       (D)  Federal Rules of Evidence; or                       (E)  Federal Rules of Civil Procedure.          SECTION 3.  Section 552.108(c), Government Code, is amended   to read as follows:          (c)  This section does not except basic information  from the   requirements of Section 552.021 [ information that is basic   information about an arrested person, an arrest, or a crime ].  A   governmental body shall promptly release basic information   responsive to a request made under this chapter unless the   governmental body seeks to withhold the information as provided by   another provision of this chapter, and regardless of whether the   governmental body requests an attorney general decision under   Subchapter G regarding other information subject to the request.          SECTION 4.  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.   (a)     Subject to Subsection (b), if [ If ] a governmental body does not   request an attorney general decision as provided by Section 552.301   and provide the requestor with the information required by Sections   552.301(d) and (e-1), 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.           (b)     Sections 552.103, 552.104, 552.105, 552.106, 552.108,   552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144,   552.146, 552.153(b)(1), and 552.154 do not constitute compelling   reasons for a governmental body that fails to comply with the   requirements of Section 552.301 to withhold information under   Subsection (a).           (c)     The exclusion of an exception to disclosure from the   list in Subsection (b) does not create a presumption that the   exception constitutes a compelling reason for a governmental body   to withhold information under Subsection (a).          SECTION 5.  Section 118.011(e), Local Government Code, is   amended to read as follows:          (e)  A county clerk who provides a copy in a format other than   paper of a record maintained by the clerk shall provide the copy and   charge a fee in accordance with Section [ Sections 552.231 and ]   552.262, Government Code.          SECTION 6.  Section 552.231, Government Code, is repealed.          SECTION 7.  The changes in law made by this Act apply only to   a request for public information received on or after the effective   date of this Act.          SECTION 8.  This Act takes effect September 1, 2025.