HBA-TYH H.B. 3169 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3169 By: Garcia State Affairs 4/21/1999 Introduced BACKGROUND AND PURPOSE Information generated or held by government agencies is a resource that provides the people with knowledge of their government, society, and economy. H.B. 3169 prohibits an officer for public information or the officer's agent from refusing to give access to public information to a requestor, unless specific conditions exist. This bill requires an officer to provide a written statement of the reasons for a refusal, if the officer refuses to give access to the public information requested. This bill also provides that a violation constitutes official misconduct. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 552, Government Code, by adding Section 552.0065, as follows: Sec. 552.0065. GROUNDS FOR WITHHOLDING PUBLIC INFORMATION. (a) Prohibits an officer for public information or the officer's agent from refusing to give access to public information to a requestor or refusing to permit or provide copying of public information to a requestor as provided by this chapter (Public Information) unless the officer or the officer's agent reasonably believes that public access to the requested information is not required and the enumerated conditions exist. (b) Provides that an officer for public information or the officer's agent who refuses to provide access to or refuses to permit or provide copying of information must provide the requestor with a written statement of the reasons for the refusal. (c) Provides that the written statement must identify the exception that allows the information to be withheld and must be provided to the requestor within 15 days of the date the request for access to or copying of the information is received by the officer for public information or the officer's agent. SECTION 2. Amends Section 552.351, Government Code, by adding Subsection (c), to provide that a violation under this section (Destruction, Removal, or Alteration of Public Information) constitutes official misconduct. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.