Bill Text: TX SB1658 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the collection and disclosure of certain public information.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB1658 Detail]

Download: Texas-2023-SB1658-Comm_Sub.html

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By: Hinojosa S.B. No. 1658
(Canales)

A BILL TO BE ENTITLED
AN ACT
relating to the collection and disclosure of certain public
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.101, Government Code, is amended to
read as follows:
Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. (a)
Subject to Subsection (b), information [Information] is excepted
from the requirements of Section 552.021 if it is information
considered to be confidential by law, either constitutional,
statutory, or by judicial decision.
(b) This section does not encompass:
(1) the attorney-client privilege;
(2) the work product privilege;
(3) another exception to disclosure provided by this
chapter; or
(4) a state or federal discovery privilege, including
a discovery privilege provided by the:
(A) Texas Rules of Civil Procedure;
(B) Texas Rules of Evidence;
(C) Texas Disciplinary Rules of Professional
Conduct;
(D) Federal Rules of Evidence; or
(E) Federal Rules of Civil Procedure.
SECTION 2. Section 552.108(c), Government Code, is amended
to read as follows:
(c) This section does not except basic information from the
requirements of Section 552.021 [information that is basic
information about an arrested person, an arrest, or a crime].
SECTION 3. Section 552.302, Government Code, is amended to
read as follows:
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. (a)
Subject to Subsection (b), if [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 Sections
552.301(d) and (e-1), 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.
(b) Sections 552.103, 552.104, 552.105, 552.106, 552.108,
552.111, 552.112, 552.116, 552.122, 552.125, 552.131(b), 552.144,
552.146, 552.153(b)(1), and 552.154 do not constitute compelling
reasons for a governmental body that fails to comply with the
requirements of Section 552.301 to withhold information under
Subsection (a).
(c) The exclusion of an exception to disclosure from the
list in Subsection (b) does not create a presumption that the
exception constitutes a compelling reason for a governmental body
to withhold information under Subsection (a).
SECTION 4. Section 118.011(e), Local Government Code, is
amended to read as follows:
(e) A county clerk who provides a copy in a format other than
paper of a record maintained by the clerk shall provide the copy and
charge a fee in accordance with Section [Sections 552.231 and]
552.262, Government Code.
SECTION 5. Subchapter N, Chapter 1701, Occupations Code, is
amended by adding Section 1701.6515 to read as follows:
Sec. 1701.6515. RECORDINGS; APPLICABILITY. (a) A reference
in this subchapter to a "recording" by a body worn camera, however
phrased, means an audio recording, a video recording, or an
audiovisual recording.
(b) Subsection (a) applies to a "body worn camera
recording," a "recording created with a body worn camera,"
"information recorded by a body worn camera," "recorded
information," and any synonymous word or phrase.
SECTION 6. Section 552.231, Government Code, is repealed.
SECTION 7. The changes in law made by this Act apply only to
a request for public information received on or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2023.