SB852 - Relating to the public information law.

  89R8460 JON-F     By: Middleton S.B. No. 852       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   adding Subsections (f) and (g) to read as follows:           (f)     If the governmental body determines it has no   information responsive to a request for information, the officer   for public information shall notify the requestor in writing 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, not later   than the 10th business day after the date the request is received:                 (1)     notify the requestor in writing that the   information is being withheld; and                 (2)     identify in the notice the specific previous   determination the governmental body is relying on 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 information is a report required to be filed   with the governmental body under Subchapter C or D, Chapter 254,   Election Code, unless all of those reports filed with the   governmental body during the preceding three years are available to   the public on the governmental body's Internet website;                 (2)     the officer for public information is required to   make a certification under Section 552.221(d) that the officer   cannot produce the public information for inspection or duplication   within 10 business days after the date the information is   requested;                 (3)     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;                   (4)     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                 (5)     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 552.306(c), Government Code, is amended   to read as follows:          (c)  A governmental body shall as soon as practicable but   within a reasonable period of time after the date the attorney   general issues an opinion under Subsection (b) regarding   information requested under this chapter:                (1)  [ provide the requestor of the information an   itemized estimate of charges for production of the information if   the estimate is required by Section 552.2615;                [ (2) ]  if the requested information is voluminous:                      (A)  take the following actions if the   governmental body determines that it is able to disclose the   information in a single batch:                            (i)  provide a written certified notice to   the requestor and the attorney general that it is impractical or   impossible for the governmental body to produce the information   within a reasonable period of time;                            (ii)  include in the notice the date and hour   that the governmental body will disclose the information to the   requestor, which may not be later than the 15th business day after   the date the governmental body provides the notice; and                            (iii)  produce the information at the date   and time included in the notice; or                      (B)  take the following actions if the   governmental body determines that it is unable to disclose the   information in a single batch:                            (i)  provide a written certified notice to   the requestor and the attorney general that it is impractical or   impossible for the governmental body to produce the information   within a reasonable period of time and in a single batch;                            (ii)  include in the notice the date and hour   that the governmental body will disclose the first batch of   information to the requestor, which may not be later than the 15th   business day after the date the governmental body provides the   notice;                            (iii)  provide a written certified notice to   the requestor and the attorney general when each subsequent batch   of information is disclosed to the requestor of the date and hour   that the governmental body will disclose the next batch of   information to the requestor, which may not be later than the 15th   business day after the date the governmental body provides the   notice; and                            (iv)  produce the requested information at   each date and time included in a notice;                 (2)  [ (3) ]  produce the information if it is required to   be produced;                 (3)  [ (4) ]  notify the requestor in writing that the   governmental body is withholding the information as authorized by   the opinion; or                 (4)  [ (5) ]  notify the requestor in writing that the   governmental body has filed suit against the attorney general under   Section 552.324 regarding the information.          SECTION 4.  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) and (c), 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.          [ (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 5.  The heading to Subchapter H, Chapter 552,   Government Code, is amended to read as follows:   SUBCHAPTER H. CIVIL ENFORCEMENT ; COMPLAINT          SECTION 6.  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 7.  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. 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