85R6993 SRS-F     By: Watson S.B. No. 1347       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 J.          SECTION 2.  Section 552.263(e), Government Code, is amended   to read as follows:          (e)  For purposes of Subchapters F, [and] G, and J, 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 J and provide the requestor with the information   required by Sections 552.301(d) and (e-1) or Section 552.404(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 552.352, 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 J and did not release confidential information   intentionally, as defined by Section 6.03, Penal Code.          SECTION 5.  Chapter 552, Government Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. EXPEDITED RESPONSE PROCEDURE          Sec. 552.401.  REQUEST FOR ATTORNEY GENERAL DECISION NOT   REQUIRED. Subject to Sections 552.403 and 552.405, 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. 552.402.  RESPONSE REQUIREMENTS. (a)  A governmental   body that withholds information under this subchapter must respond   to the requestor not later than the fifth 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; and                      (E)  the name of the individual who has received   training under Section 552.406.          (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. 552.403.  APPEAL. (a)  On receipt of a response by a   governmental body under this subchapter, 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 this subchapter on the appeal form   provided to the requestor by the governmental body under Section   552.402(a)(4).          (c)  The appeal is considered a new request and is subject to   the procedural requirements of Section 552.404.          (d)  A governmental body may not seek to narrow or clarify an   appeal made under this subchapter 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   subchapter.          (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. 552.404.  REQUEST FOR ATTORNEY GENERAL DECISION IN   RESPONSE TO APPEAL. (a)  Except as otherwise provided by this   subchapter:                (1)  the appeal is subject to the provisions of this   chapter; and                (2)  an attorney general's decision that was requested   under this section is considered to be a decision under Subchapter   G.          (b)  A governmental body that receives an appeal under   Section 552.403 shall, within a reasonable time, but not later than   the 10th business day after the date the governmental body receives   the appeal, submit to the attorney general:                (1)  a request for the attorney general's decision;                (2)  a copy of the original written request for   information;                (3)  a copy of the appeal form received by the   governmental body;                (4)  a signed statement as to the date on which the   appeal was received by the governmental body or evidence sufficient   to establish the date;                (5)  the exceptions that apply and written comments   stating the reasons why the stated exceptions apply that would   allow the information to be withheld;                (6)  if the governmental body provided partially   redacted information to the requestor in its initial response under   this subchapter, 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                (7)  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 552.403 shall, within a reasonable time, but not later than   the 10th business day after the date the governmental body receives   the appeal, send a copy of the comments submitted under Subsection   (b)(5) to the requestor. If the written comments disclose or   contain the substance of the information requested, the copy of the   comments provided to the requestor must be a redacted copy.          Sec. 552.405.  ELIGIBILITY. Before a governmental body may   respond to a request under this subchapter, the governmental body   must comply with the requirements of Section 552.406 and may not   have had its authorization to rely on this subchapter revoked under   Section 552.407.          Sec. 552.406.  TRAINING. (a)  The public information   officer for a governmental body that responds to a request under   this subchapter or the officer's designee must have completed in   the four years preceding the response a course of training of not   less than four hours or more than six hours regarding the   responsibilities of the governmental body under this subchapter.          (b)  The attorney general shall ensure that the training is   made available.  The attorney general shall ensure that at least one   course of training is available at no cost on recorded video or a   functionally similar and widely available medium. At a minimum,   the training must include instruction in:                (1)  the general background of the legal requirements   for the governmental body's use of this subchapter and related law;                (2)  the applicability of this subchapter to   governmental bodies;                (3)  the procedures and requirements for complying with   an appeal under this subchapter;                (4)  the role of the attorney general under this   subchapter; and                (5)  penalties and other consequences for failing to   comply with this subchapter.          (c)  The office of the attorney general shall provide a   certificate of course completion to a person who completes the   training required by this section.  A governmental body shall   maintain the certificate and make it available for public   inspection.          Sec. 552.407.  REVOCATION. (a)  The office of the attorney   general, in its sole discretion, may revoke a governmental body's   authorization to respond under this subchapter if the attorney   general determines the governmental body failed to comply with the   requirements of this chapter.          (b)  The attorney general shall create a notice of revocation   form. The attorney general shall inform the governmental body that   the attorney general has revoked the governmental body's   eligibility under Subsection (a) by sending the notice of   revocation form by certified mail or by another written method of   notice that requires the return of a receipt.          (c)  The notice of revocation form must inform the   governmental body of the length of time the revocation is in effect.   The length of time the revocation is in effect may not exceed six   months from the date the governmental body receives the notice of   revocation form.          (d)  The office of the attorney general shall publish on its   Internet website a list of the governmental bodies that are not   authorized to respond to a request under this subchapter because   their authorization has been revoked under Subsection (a).          SECTION 6.  The changes in law made by this Act apply only to   a request for information that is received by a governmental body 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 that was 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, 2017.