Bill Text: TX HB3392 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 3392

Introduced

Bill Title: Relating to access to certain litigation, law enforcement, corrections, and prosecutorial records under the public information law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-15 - Referred to State Affairs [HB3392 Detail]

Download: Texas-2023-HB3392-Introduced.html

	88R9807 MCK-F

	By: Johnson of Dallas	H.B. No. 3392



	A BILL TO BE ENTITLED
	AN ACT
	relating to access to certain litigation, law enforcement,
	corrections, and prosecutorial records under the public
	information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 552.103(c), Government Code, is amended
	to read as follows:
	(c) Information relating to litigation involving a
	governmental body or an officer or employee of a governmental body
	is excepted from disclosure under Subsection (a) only if the
	litigation is pending or reasonably anticipated on the date that
	the requestor applies to the officer for public information for
	access to or duplication of the information. For purposes of this
	section, litigation is considered reasonably anticipated only if a
	person with an alleged claim, or that person's attorney, has:
	(1) threatened in writing to take legal action against
	the governmental body; or
	(2) made a written demand for compensation as a result
	of an alleged claim against the governmental body.
	SECTION 2. Section 552.108, Government Code, is amended by
	adding Subsection (d) to read as follows:
	(d) Information described by Subsection (a)(2) or an
	internal record or notation described by Subsection (b)(2) is not
	excepted from the requirements of Section 552.021 in response to a
	written request for the information made by:
	(1) a person who is the subject of the information,
	record, or notation, or the person's attorney; or
	(2) if the person described by Subdivision (1) is
	deceased, the person's spouse, child, or parent, an administrator
	of the person's estate, or any of their attorneys.
	SECTION 3. The changes in law made by this Act to Sections
	552.103 and 552.108, Government Code, apply only to a request for
	information that is received by a governmental body or an officer or
	employee of a governmental body 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 4. This Act takes effect September 1, 2023.