HBA-DMD S.B. 277 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 277
By: Carona
State Affairs
4/27/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, the attorney general is required to render a decision relating
to an open record request within 60 days. This time limit can be extended
an additional 20 days by informing the requestor and the governmental body
within the original 60 days.  S.B. 277 requires the attorney general to
render decisions requested under the open records law within 45 days,
allows only a 10-day extension, and prohibits a request for reconsideration
of a decision. 

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 Subsections (a) and (b), Section 552.301, Government
Code, as follows: 

(a)(3) Provides that the governmental body, if it asks for an attorney
general's decision under this subsection, must provide to the requestor a
written statement that the governmental body wishes to withhold the
requested information and has requested a decision from the attorney
general and a copy of the governmental body's letter to the attorney
general asking for a decision under this subsection stating the exceptions
that apply, or a redacted copy of the letter if the letter discloses the
requested information, within a reasonable time, but no later than 10
business days after receiving a written request for information. Makes
conforming changes. 

(b) Provides that a governmental body that requests an attorney general
decision under Subsection (a) must within a reasonable time but not later
than 15 business days after receiving the written request, submit to the
attorney general a signed statement as to the date on which the written
request for information was received by the governmental body or evidence
sufficient to establish that date. Makes conforming changes. 

SECTION 2.  Amends Section 552.302, Government Code, to provide that if a
governmental body does not request an attorney general decision as provided
by Section 552.301 and provide the requestor with the information required
by Section 552.301(a), 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. Makes a nonsubstantive
change. 

SECTION 3.  Amends Subsections (b), (c), and (e), Section 552.303,
Government Code, as follows: 

(b) Authorizes the attorney general to determine whether a governmental
body's submission of information as required by Section 552.301 is
sufficient to render a decision. 

(c) Requires the attorney general, if the attorney general determines that
all information other than that required to be provided under Section
552.301 is necessary to render a decision, to give written notice of that
fact to the governmental body and the requestor. Deletes text requiring the
attorney general, if the governmental body failed to supply the attorney
general all of the specific information that is necessary to render a
decision, to  give written notice of that fact to the governmental body and
the requestor. 

(e) Makes a conforming change.

SECTION 4.  Amends Section 552.306, Government Code, by amending Subsection
(a) and adding Subsection (c), as follows: 

(a) Requires the attorney general to render the decision no later than 45,
rather than 60, working days after the attorney general received the
request for a decision. Authorizes the attorney general, if the attorney
general is unable to issue the decision within the 45-day period, to extend
the period for issuing the decision by an additional 10, rather than 20,
working days by informing the governmental body and the requestor, during
the original 45-day period, of the reason for the delay. Makes conforming
changes. 

(c) Prohibits a governmental body from requesting that the attorney general
reconsider a decision rendered by the attorney general under this section. 

SECTION 5.Makes application of this Act prospective.

SECTION 6.Emergency clause.
  Effective date: 90 days after adjournment.