By: Moody H.B. No. 3167
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.