85R21490 SRS-F     By: Lucio III, Elkins H.B. No. 2328       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. (a)  Subject to Subsection (b) and 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.          (b)  If the requested information may involve a person's   interests as provided by Section 552.305, the governmental body may   not respond to the request under Subsection (a).          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 an individual who holds an active   training certificate issued under Section 552.406 and a   confirmation by that individual that the individual reviewed and   approved the response.          (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:                (1)  the governmental body's public information officer   or the officer's designee must hold an active training certificate   issued under Section 552.406; and                (2)  the governmental body 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 prepare and from time to   time revise at least one course of training that is available in an   online presentation format. The online training may be broken into   separate sections. The online training must provide a means to   verify that the trainee observed and comprehended the full online   training session or, if applicable, each section of the training.          (c)  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.          (d)  For a governmental body with its main offices located in   a county with a population of 250,000 or less, the public   information officer or the officer's designee must complete the   training in person or online. For a governmental body with its main   offices located in a county with a population of more than 250,000,   the public information officer or the officer's designee must   complete the training in person from the office of the attorney   general.          (e)  The office of the attorney general shall provide a   certificate to a person who completes the training required by this   section and keep records of the training certificates issued.  A   governmental body shall maintain the training certificate of any   individual who provides a confirmation under Section   552.402(a)(4)(E) and make the certificate available for public   inspection.          Sec. 552.407.  REVOCATION. (a)  If the attorney general   determines that a governmental body failed to comply with the   requirements of this chapter, the office of the attorney general,   in its sole discretion, may revoke the governmental body's   authorization to respond under this subchapter or the training   certificate issued to an individual responsible for the   governmental body's failure.          (b)  The attorney general shall create a notice of revocation   form. The attorney general shall inform a governmental body that   the attorney general has revoked the governmental body's   eligibility under Subsection (a) or an individual that the attorney   general has revoked the individual's training certificate 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 provided to a governmental body   must inform the governmental body of the length of time the   revocation is in effect. The length of time the governmental body's   revocation is in effect may not exceed six months from the date the   governmental body receives the notice of revocation form.          (d)  The notice of revocation form provided to an individual   must inform the individual that the attorney general has revoked   the individual's training certificate under Subsection (a).  The   individual must repeat the course of training under Section 552.406   to obtain a new training certificate.          (e)  If an individual is employed by a governmental body when   the governmental body's authorization to respond under this   subchapter is revoked under Subsection (a), and the individual   obtains employment at a different governmental body with   authorization to respond under this subchapter, the individual may   not provide a confirmation under Section 552.402(a)(4)(E) until the   revocation period for the initial governmental body has expired.          (f)  The office of the attorney general shall publish on its   Internet website:                (1)  a list that provides the first and last names of   individuals who hold an active training certificate issued under   Section 552.406, the date each individual's training was completed,   and the date each individual's training certificate expires; and                (2)  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).          Sec. 552.408.  REPORT ON IMPLEMENTATION OF SUBCHAPTER. (a)   For the state fiscal biennium beginning September 1, 2017, the   attorney general shall collect data detailing the number of:                (1)  requests for decisions in response to appeals the   attorney general receives under Section 552.404;                (2)  individuals who complete training under Section   552.406;                (3)  governmental bodies that have their authorization   to respond under this subchapter revoked under Section 552.407; and                (4)  individuals who have their training certificates   revoked under Section 552.407.          (b)  Not later than February 1, 2019, the attorney general   shall make the data collected under Subsection (a) available on the   attorney general's Internet website for open records.          (c)  This section expires September 1, 2019.          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.