HB2248 - Relating to the public information law.

  89R23496 JON-F     By: Smithee H.B. No. 2248       A BILL TO BE ENTITLED   AN ACT   relating to the public information law.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.221, Government Code, is amended by   amending Subsection (a) and adding Subsections (f), (g), and (h) to   read as follows:          (a)  An officer for public information of a governmental body   shall promptly produce public information for inspection,   duplication, or both on application by any person to the officer.     In this section  [ subsection ], "promptly" means as soon as possible   under the circumstances, that is, within a reasonable time, without   delay.           (f)     If the governmental body determines it has no   information responsive to a request for information, the officer   for public information shall promptly notify the requestor in   writing, but 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 provide a   written notification to the requestor that does the following:                 (1)     notifies the requestor that the information is   being withheld; and                 (2)     identifies in the notice the specific previous   determination the governmental body is relying on to withhold the   requested information.           (h)     A governmental body shall provide a notification under   Subsection (g) promptly, but not later than:                 (1)     the 10th business day after the date the   information is requested; or                 (2)     the date and hour the officer for public   information certifies that the information will be available for   inspection or duplication if the officer made a certification under   Subsection (d) and subsequently determines that the information is   subject to a previous determination that permits or requires the   governmental body to withhold the requested information.          SECTION 2.  Section 552.261, Government Code, is amended by   adding Subsection (f) to read as follows:           (f)     A governmental body may not impose a charge under this   subchapter for providing a copy of public information if:                 (1)     the governmental body asked for clarification of   the request under Section 552.222 later than the 10th business day   after the date the information was requested;                   (2)     the governmental body asked for a decision under   Section 552.301 with respect to the requested information and did   not provide to the requestor the information required by Section   552.301(d) or (e-1); or                 (3)     the attorney general issued a written opinion   under Section 552.306(b) determining that the requested   information is subject to mandatory disclosure under this chapter.          SECTION 3.  Section 552.323, Government Code, is amended to   read as follows:          Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND   REASONABLE ATTORNEY FEES. (a) Except as provided by Subsections   (b), (c), and (d), in [ In ] an action brought under Section 552.321 ,   [ or ] 552.3215, 552.324, or 552.325, the court shall assess costs of   litigation and reasonable attorney fees incurred by a plaintiff or   intervening requestor:                 (1)   who substantially prevails ; or                 (2)     to whom a governmental body voluntarily releases   the requested information, unless before suit is filed:                       (A)  the body releases the information; or                       (B)     the body certifies a date and hour within a   reasonable time when the information will be available for   inspection or duplication.           (b)  The [ , except that the ] court may not assess [ those ]   costs or [ and ] fees against a governmental body under Subsection   (a) if the court finds that the governmental body acted in   reasonable reliance on:                (1)  a judgment or an order of a court applicable to the   governmental body;                (2)  the published opinion of an appellate court; or                (3)  a written decision of the attorney general,   including a decision issued under Subchapter G or an opinion issued   under Section 402.042.           (c)     Notwithstanding Subsection (a), in an action brought   under Section 552.325 by a person or entity other than a   governmental body or officer for public information, the court   shall assess costs of litigation and reasonable attorney fees   incurred by an intervening requestor if the intervening requestor   substantially prevails.           (d)     This section does not prohibit the parties to a suit   brought under this subchapter from agreeing to assume the party's   own attorney fees and costs of litigation.          [ (b)     In an action brought under Section 552.324, the court   may not assess costs of litigation or reasonable attorney's fees   incurred by a plaintiff or defendant who substantially prevails   unless the court finds the action or the defense of the action was   groundless in fact or law. In exercising its discretion under this   subsection, the court shall consider whether the conduct of the   governmental body had a reasonable basis in law and whether the   litigation was brought in good faith. ]          SECTION 4.  The heading to Subchapter H, Chapter 552,   Government Code, is amended to read as follows:   SUBCHAPTER H. CIVIL ENFORCEMENT ; COMPLAINT          SECTION 5.  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 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 6.  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. 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 7.  This Act takes effect September 1, 2025.