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.