HB4987 - Relating to an alternative dispute resolution procedure regarding certain matters under the public information law.

  89R3586 JON-F     By: Canales H.B. No. 4987       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 552.328 to read as follows:           Sec.   552.328.     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 552.328(h), Government   Code, as added by this Act, not later than January 1, 2026.          SECTION 3.  The change in law made by this Act applies only   to a request for public information received on or after January 1,   2026.          SECTION 4.  This Act takes effect September 1, 2025.