89R5687 MCK-F     By: Capriglione H.B. No. 4219       A BILL TO BE ENTITLED   AN ACT   relating to a governmental body's response to a request for public   information.          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 552.301(b), Government Code, is amended   to read as follows:          (b)  The governmental body must ask for the attorney   general's decision and state the specific exceptions that apply   within a reasonable time but not later than the 10th business day   after the date of receiving the written request.          SECTION 3.  The heading to Subchapter H, Chapter 552,   Government Code, is amended to read as follows:   SUBCHAPTER H. CIVIL ENFORCEMENT; COMPLAINT          SECTION 4.  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's public   information officer or the officer's designee 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 5.  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.          SECTION 6.  This Act takes effect September 1, 2025.