Bill Text: TX HB3167 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to requests made under the public information law that require a large amount of personnel time.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-10 - Placed on General State Calendar [HB3167 Detail]
Download: Texas-2023-HB3167-Comm_Sub.html
88R25566 JON-F | |||
By: Moody | H.B. No. 3167 | ||
Substitute the following for H.B. No. 3167: | |||
By: Turner | C.S.H.B. No. 3167 |
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relating to requests made under the public information law that | ||
require a large amount of personnel time. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.271, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A requestor who has exceeded a limit established by a | ||
governmental body under Section 552.275 may not inspect public | ||
information on behalf of another requestor unless the requestor who | ||
exceeded the limit has paid each statement issued by the | ||
governmental body under Section 552.275(e). | ||
SECTION 2. Section 552.272, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) A requestor who has exceeded a limit established by a | ||
governmental body under Section 552.275 may not inspect public | ||
information on behalf of another requestor unless the requestor who | ||
exceeded the limit has paid each statement issued by the | ||
governmental body under Section 552.275(e). | ||
SECTION 3. Section 552.275, Government Code, is amended by | ||
amending Subsections (d), (g), and (h) and adding Subsections (n) | ||
and (o) to read as follows: | ||
(d) If a governmental body establishes a time limit under | ||
Subsection (a), each time the governmental body complies with a | ||
request for public information, the governmental body shall provide | ||
the requestor with a written statement of the amount of personnel | ||
time spent complying with that request and the cumulative amount of | ||
time spent complying with requests for public information from that | ||
requestor during the applicable monthly or yearly period. The | ||
amount of time spent preparing the written statement may not be | ||
included in the amount of time included in the statement provided to | ||
the requestor under this subsection unless the requestor's time | ||
limit for the period has been exceeded. | ||
(g) If a governmental body provides a requestor with a [ |
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written statement under Subsection (e) or (o) and the time limits | ||
prescribed by Subsection (a) regarding the requestor have been | ||
exceeded, the governmental body is not required to produce public | ||
information for inspection or duplication or to provide copies of | ||
public information in response to the requestor's request unless on | ||
or before the 10th day after the date the governmental body provided | ||
the written statement under that subsection, the requestor submits | ||
payment of the amount stated in the written statement provided | ||
under Subsection (e) or provides identification or submits payment | ||
as required by Subsection (o), as applicable. | ||
(h) If the requestor fails or refuses to provide | ||
identification or submit payment under Subsection (g), the | ||
requestor is considered to have withdrawn the requestor's pending | ||
request for public information. | ||
(n) A governmental body may request photo identification | ||
from a requestor for the sole purpose of establishing that the | ||
requestor has not: | ||
(1) exceeded a limit established by the governmental | ||
body under Subsection (a); and | ||
(2) concealed the requestor's identity. | ||
(o) A request for photo identification under Subsection (n) | ||
must include a statement under Subsection (e) applicable to the | ||
requestor who has exceeded a limit established by the governmental | ||
body and a statement that describes each specific reason why | ||
Subsection (n) may apply to the requestor. The governmental body | ||
shall accept as proof of a requestor's identification physical | ||
presentment of photo identification or an image of the photo | ||
identification that is transmitted electronically or through the | ||
mail. A requestor from whom a governmental body has requested photo | ||
identification under Subsection (n) may decline to provide | ||
identification and obtain the requested information by paying the | ||
charge assessed in the statement. | ||
SECTION 4. 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. A request for information that was received before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the request was received, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2023. |