Bill Text: TX HB3167 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Moody | H.B. No. 3167 |
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relating to the production of public information under the public | ||
information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 552, Government Code, is | ||
amended by adding Section 552.276 to read as follows: | ||
Sec. 552.276. VEXATIOUS REQUESTORS. (a) “Vexatious | ||
requestor” means a requestor, or the requestor’s agent, servant, | ||
employee, or contractor, who submits repeated requests that the | ||
governmental body has reason to believe are intended to | ||
unreasonably burden or disrupt the official business of the | ||
governmental body. | ||
(b) A governmental body may request an opinion from the | ||
attorney general for relief from a requestor that the governmental | ||
body alleges is a vexatious requestor. The opinion request shall | ||
detail the conduct which the governmental body alleges demonstrates | ||
a vexatious history of requests, including, but not limited to: | ||
(1) the total number of requests filed or pending with | ||
the governmental body; | ||
(2) the total number of complaints against the | ||
governmental body filed with the attorney general by the requestor; | ||
(3) the scope of the requests; | ||
(4) the nature, content, language, or subject matter | ||
of the requests; | ||
(5) the nature, content, language, or subject matter | ||
of other oral and written communications to the governmental body | ||
from the requestor, including requests for monetary relief or | ||
litigation settlement; or | ||
(6) a pattern of conduct that amounts to an abuse of | ||
the right to access information under the Public Information Act or | ||
interferes with the official business of the governmental body. | ||
(c) Upon receipt of the opinion request, the attorney | ||
general shall promptly issue a written opinion, determining whether | ||
the requestor is a vexatious requestor and what relief, if any, | ||
should be given to the governmental body. The attorney general | ||
shall render a decision not later than the 45th business day after | ||
the date the attorney general received the request for an opinion. | ||
(d) The attorney general may provide appropriate relief | ||
commensurate with the vexatious conduct, including, but not limited | ||
to, a decision that the governmental body is not required to comply | ||
with future requests from the vexatious requestor for a specified | ||
period of time, not to exceed one (1) year. | ||
(e) The requestor or the governmental body may appeal a | ||
decision of the attorney general under this subsection to a | ||
district court for the county in which the main offices of the | ||
governmental body are located. | ||
(f) If the attorney general determines a requestor is not a | ||
vexatious requestor and the governmental body does not appeal that | ||
decision, for the purposes of Section 552.301 of this chapter the | ||
request will be considered received upon the date the governmental | ||
body receives the attorney general’s decision. | ||
(g) If a requestor has been determined by the attorney | ||
general to be a vexatious requestor in accordance with the | ||
provisions above, and the governmental body has reason to believe | ||
that the vexatious requestor is continuing to submit requests | ||
anonymously or under a pseudonym, the governmental body is | ||
authorized to request photo identification from the requestor | ||
before the governmental body complies with the request. If the | ||
identification shows the individual was not previously determined | ||
to be a vexatious requestor, the governmental body must treat the | ||
requestor the same as all other requestors. For the purposes of | ||
Section 552.301 of this chapter, the request will be considered | ||
received upon the date the governmental body receives the | ||
individual’s photo identification. If the identification shows the | ||
requestor was previously determined to be a vexatious requestor, | ||
the relief provided to the governmental body by the attorney | ||
general with respect to the vexatious requestor shall also apply to | ||
the requests submitted anonymously or under a pseudonym. If the | ||
requestor fails to provide photo identification or request relief | ||
in accordance with subsection (h) from the attorney general within | ||
ten (10) business days of the governmental body’s request for | ||
identification, the request is considered withdrawn. | ||
(h) If the governmental body requests photo identification | ||
because the governmental body has reason to believe the requestor | ||
is a previously determined vexatious requestor, the requestor may | ||
submit the governmental body’s request for photo identification to | ||
the attorney general within ten (10) business days of receiving the | ||
photo identification request and request relief from the attorney | ||
general by offering proof to the attorney general that they are not | ||
a previously determined vexatious requestor. The attorney general, | ||
but not the governmental body, may then request additional proof | ||
from the requestor to establish the identity of anonymous | ||
requestors. Within forty-five (45) business days of receiving the | ||
notice from the requestor, the attorney general shall issue a | ||
determination to the governmental body and the requestor of whether | ||
the requestor is a previously determined vexatious requestor. If | ||
the attorney general establishes by a preponderance of the evidence | ||
that the requestor is not a previously determined vexatious | ||
requestor, the governmental body must treat the requestor the same | ||
as all other requestors. For the purposes of Section 552.301 of this | ||
chapter, the request will be considered received upon the date the | ||
governmental body receives the attorney general’s determination. | ||
SECTION 2. Subchapter F, Chapter 552, Government Code, is | ||
amended by adding subsection (e) to Section 552.271 to read as | ||
follows: | ||
(e) A requestor who has exceeded the time limit established | ||
by a governmental body under Section 552.275 of this chapter may not | ||
inspect records on someone else’s behalf. If the requestor intends | ||
to remain anonymous, the requestor must pay the governmental body | ||
the attorney general approved costs of obtaining copies. | ||
SECTION 3. Subchapter F, Chapter 552, Government Code, is | ||
amended by adding subsection (f) to Section 552.272 to read as | ||
follows: | ||
(f) A requestor who has exceeded the time limit established | ||
by a governmental body under Section 552.275 of this chapter may not | ||
inspect records on someone else’s behalf. If the requestor intends | ||
to remain anonymous, the requestor must pay the governmental body | ||
the attorney general approved costs of obtaining copies. | ||
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. |