H.B. No. 3033

	AN ACT
	relating to the public information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 552, Government Code, is
	amended by adding Section 552.0031 to read as follows:
	Sec. 552.0031.  BUSINESS DAYS. (a) Except as provided by
	this section, in this chapter "business day" means a day other than:
	(1)  a Saturday or Sunday;
	(2)  a national holiday under Section 662.003(a); or
	(3)  a state holiday under Section 662.003(b).
	(b)  The fact that an employee works from an alternative work
	site does not affect whether a day is considered a business day
	under this chapter.
	(c)  An optional holiday under Section 662.003(c) is not a
	business day of a governmental body if the officer for public
	information of the governmental body observes the optional holiday.
	(d)  A holiday established by the governing body of an
	institution of higher education under Section 662.011(a) is not a
	business day of the institution of higher education.
	(e)  The Friday before or Monday after a holiday described by
	Subsection (a)(2) or (3) is not a business day of a governmental
	body if the holiday occurs on a Saturday or Sunday and the
	governmental body observes the holiday on that Friday or Monday.
	(f)  Subject to the requirements of this subsection, a
	governmental body may designate a day on which the governmental
	body's administrative offices are closed or operating with minimum
	staffing as a nonbusiness day. The designation of a nonbusiness day
	for an independent school district must be made by the board of
	trustees. The designation of a nonbusiness day for a governmental
	body other than an independent school district must be made by the
	executive director or other chief administrative officer. A
	governmental body may designate not more than 10 nonbusiness days
	under this subsection each calendar year.
	SECTION 2.  Section 552.012, Government Code, is amended by
	adding Subsection (b-1) to read as follows:
	(b-1)  The attorney general may require each public official
	of a governmental body to complete the course of training if the
	attorney general determines that the governmental body has failed
	to comply with a requirement of this chapter.  The attorney general
	must notify each public official in writing of the attorney
	general's determination and the requirement to complete the
	training.  A public official who receives notice from the attorney
	general under this subsection must complete the training not later
	than the 60th day after the date the official receives the notice.
	SECTION 3.  Section 552.103, Government Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  The exception to disclosure provided by this section
	does not apply to information requested under this chapter if:
	(1)  the information relates to a general, primary, or
	special election, as those terms are defined by Section 1.005,
	Election Code;
	(2)  the information is in the possession of a
	governmental body that administers elections described by
	Subdivision (1); and
	(3)  the governmental body described by Subdivision (2)
	is not a governmental body described by Section 552.003(1)(A)(i).
	SECTION 4.  Section 552.108(c), Government Code, is amended
	to read as follows:
	(c)  This section does not except from the requirements of
	Section 552.021 information that is basic information about an
	arrested person, an arrest, or a crime.  A governmental body shall
	promptly release basic information responsive to a request made
	under this chapter unless the governmental body seeks to withhold
	the information as provided by another provision of this chapter,
	and regardless of whether the governmental body requests an
	attorney general decision under Subchapter G regarding other
	information subject to the request.
	SECTION 5.  Subchapter C, Chapter 552, Government Code, is
	amended by adding Section 552.163 to read as follows:
	Sec. 552.163.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
	ATTORNEY GENERAL SETTLEMENT NEGOTIATIONS.  (a)  In this section,
	"attorney general settlement communication" means documentary
	materials or information collected, assembled, drafted, developed,
	used, received, or maintained by or on behalf of the attorney
	general with respect to an investigation or litigation conducted
	under Subchapter E, Chapter 17, Business & Commerce Code, and that
	reflects or is regarding negotiations made for the purpose of
	achieving a resolution of a matter without the need for continuing
	with litigation or trial.
	(b)  An attorney general settlement communication is
	privileged and not subject to disclosure under this chapter from
	the date the attorney general's investigation begins, as indicated
	in the attorney general's case management records, until the
	earlier of:
	(1)  the 90th day after the date settlement discussions
	are terminated; or
	(2)  the earliest of the date:
	(A)  the case is reported closed in the attorney
	general's case management records;
	(B)  the final judgment, assurance of voluntary
	compliance, or other settlement agreement is entered by the court,
	and the period for filing a notice of appeal has passed;
	(C)  the settlement documents are executed by all
	parties, if the documents are not filed in court;
	(D)  the order of dismissal or nonsuit disposing
	of all parties is entered by the court; or
	(E)  all appeals are finalized.
	(c)  For the purpose of this section, a settlement
	communication does not include a document attached to or referenced
	in a delivered settlement proposal that is subject to disclosure
	under this chapter.
	SECTION 6.  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 7.  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 8.  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 [the]
	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 9.  Subchapter G, Chapter 552, Government Code, is
	amended by adding Section 552.3031 to read as follows:
	Sec. 552.3031.  ELECTRONIC SUBMISSION OF REQUEST FOR
	ATTORNEY GENERAL DECISION. (a) This section does not apply to a
	request for an attorney general decision made under this subchapter
	if:
	(1)  the governmental body requesting the decision:
	(A)  has fewer than 16 full-time employees; or
	(B)  is located in a county with a population of
	less than 150,000;
	(2)  the amount or format of responsive information at
	issue in a particular request makes use of the attorney general's
	electronic filing system impractical or impossible; or
	(3)  the request is hand delivered to the office of the
	attorney general.
	(b)  A governmental body that requests an attorney general
	decision under this subchapter must submit the request through the
	attorney general's designated electronic filing system.
	(c)  The attorney general may adopt rules necessary to
	implement this section, including rules that define the amount or
	type of formatting of information described by Subsection (a)(2)
	that makes use of the electronic filing system impractical or
	impossible.
	SECTION 10.  Section 552.306, Government Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  A governmental body shall as soon as practicable but
	within a reasonable period of time after the date the attorney
	general issues an opinion under Subsection (b) regarding
	information requested under this chapter:
	(1)  provide the requestor of the information an
	itemized estimate of charges for production of the information if
	the estimate is required by Section 552.2615;
	(2)  if the requested information is voluminous:
	(A)  take the following actions if the
	governmental body determines that it is able to disclose the
	information in a single batch:
	(i)  provide a written certified notice to
	the requestor and the attorney general that it is impractical or
	impossible for the governmental body to produce the information
	within a reasonable period of time;
	(ii)  include in the notice the date and hour
	that the governmental body will disclose the information to the
	requestor, which may not be later than the 15th business day after
	the date the governmental body provides the notice; and
	(iii)  produce the information at the date
	and time included in the notice; or
	(B)  take the following actions if the
	governmental body determines that it is unable to disclose the
	information in a single batch:
	(i)  provide a written certified notice to
	the requestor and the attorney general that it is impractical or
	impossible for the governmental body to produce the information
	within a reasonable period of time and in a single batch;
	(ii)  include in the notice the date and hour
	that the governmental body will disclose the first batch of
	information to the requestor, which may not be later than the 15th
	business day after the date the governmental body provides the
	notice;
	(iii)  provide a written certified notice to
	the requestor and the attorney general when each subsequent batch
	of information is disclosed to the requestor of the date and hour
	that the governmental body will disclose the next batch of
	information to the requestor, which may not be later than the 15th
	business day after the date the governmental body provides the
	notice; and
	(iv)  produce the requested information at
	each date and time included in a notice;
	(3)  produce the information if it is required to be
	produced;
	(4)  notify the requestor in writing that the
	governmental body is withholding the information as authorized by
	the opinion; or
	(5)  notify the requestor in writing that the
	governmental body has filed suit against the attorney general under
	Section 552.324 regarding the information.
	(d)  A governmental body is presumed to have complied with
	the requirements of Subsection (c) if the governmental body takes
	an action under that subsection regarding information that is the
	subject of an opinion issued by the attorney general not later than
	the 30th day after the date the attorney general issues the opinion.
	SECTION 11.  Section 552.308, Government Code, is amended to
	read as follows:
	Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL,
	INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) Except as
	provided by Section 552.3031, when [When] this subchapter requires
	a request, notice, or other document to be submitted or otherwise
	given to a person within a specified period, the requirement is met
	in a timely fashion if the document is sent to the person by first
	class United States mail or common or contract carrier properly
	addressed with postage or handling charges prepaid and:
	(1)  it bears a post office cancellation mark or a
	receipt mark of a common or contract carrier indicating a time
	within that period; or
	(2)  the person required to submit or otherwise give
	the document furnishes satisfactory proof that it was deposited in
	the mail or with a common or contract carrier within that period.
	(b)  Except as provided by Section 552.3031, when [When] this
	subchapter requires an agency of this state to submit or otherwise
	give to the attorney general within a specified period a request,
	notice, or other writing, the requirement is met in a timely fashion
	if:
	(1)  the request, notice, or other writing is sent to
	the attorney general by interagency mail; and
	(2)  the agency provides evidence sufficient to
	establish that the request, notice, or other writing was deposited
	in the interagency mail within that period.
	SECTION 12.  Subchapter G, Chapter 552, Government Code, is
	amended by adding Section 552.310 to read as follows:
	Sec. 552.310.  SEARCHABLE DATABASE. (a) The office of the
	attorney general shall make available on the office's Internet
	website an easily accessible and searchable database consisting of:
	(1)  information identifying each request for an
	attorney general decision made under this subchapter; and
	(2)  the attorney general's opinion issued for the
	request.
	(b)  The database at a minimum must allow a person to search
	for a request or opinion described by Subsection (a) by:
	(1)  the name of the governmental body making the
	request; and
	(2)  the exception under Subchapter C that a
	governmental body asserts in the request applies to its request to
	withhold information from public disclosure.
	(c)  The database must allow a person to view the current
	status of a request described by Subsection (a)(1) and an estimated
	timeline indicating the date each stage of review of the request
	will be started and completed.
	SECTION 13.  The changes in law made by this Act to Sections
	552.103, 552.271, 552.272, and 552.275, Government Code, 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 14.  Section 552.3031, Government Code, as added by
	this Act, and Section 552.306, Government Code, as amended by this
	Act, apply to a request for an attorney general decision made under
	Subchapter G, Chapter 552, of that code on or after the effective
	date of this Act. A request for an attorney general decision made
	before the effective date of this Act is governed by the law in
	effect on the date the request was made, and the former law is
	continued in effect for that purpose.
	SECTION 15.  As soon as practicable, but not later than
	January 1, 2024, the office of the attorney general shall make the
	database required by Section 552.310, Government Code, as added by
	this Act, available on the office's Internet website.
	SECTION 16.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3033 was passed by the House on May 6,
	2023, by the following vote:  Yeas 134, Nays 1, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3033 on May 26, 2023, by the following vote:  Yeas 133, Nays 1,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3033 was passed by the Senate, with
	amendments, on May 23, 2023, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor