HBA-TYH H.B. 2836 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2836
By: Turner, Sylvester
State Affairs
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no centralized position in the state government to
assist members of the public who wish to make a request under the Public
Information Act or who feel that their request for information has received
an inadequate response.  Additionally, there is no centralized position to
expedite requests by governmental bodies for a decision regarding
exceptions to the Public Information Act.  H.B. 2836 creates the position
of public information advocate within the Office of the Attorney General.
The advocate would be responsible for assisting members of the public with
public information requests as well as expediting requests by governmental
bodies for decisions regarding exceptions to the Public Information Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 552, Government Code, by adding
Section 552.009, as follows: 

Sec. 552.009.  PUBLIC INFORMATION ADVOCATE WITHIN ATTORNEY GENERAL'S
OFFICE.  (a)  Establishes that the position of public information advocate
is a position within the office of the attorney general.  
 
(b)  Requires the advocate on request to assist members of the public who
wish to make or who have made requests for public information under this
chapter.  
 
(c)  Requires the attorney general to provide a statewide toll-free number
by which members of the public may contact the advocate.  Requires each
governmental body to post the number at the place that the governmental
body is required to post a notice of a meeting under Chapter 551 (Open
Meetings).  Requires a governmental body that is not subject to Chapter 551
to post the number at a place convenient to the public in or by the
administrative offices of the governmental body.  Requires a governmental
body to post with the toll-free number a statement of the advocate's title
and a brief description, to be prescribed by the attorney general, of the
advocate's function.  
 
(d)  Requires the advocate, in addition to generally assisting members of
the public with problems and questions that arise under this chapter, to
promptly review all requests by a governmental body for a decision by the
attorney general under Section 552.301 (Request for Attorney General
Decision).  Requires the advocate, if in the advocate's opinion all or part
of the information requested clearly does not fall within the stated
exceptions to required disclosure, to recommend to the appropriate division
of the attorney general's office that the request for an opinion should be
promptly considered and that the attorney general should promptly issue a
brief opinion under Section 552.306 (Rendition of Attorney General
Decision; Issuance of Written Opinion) identifying the requested
information that clearly is not excepted from required disclosure.
Authorizes the attorney general, in relation to the same request for a
decision under Section 552.301,  to issue a brief expedited decision
identifying requested information that clearly is not excepted from
required disclosure and issue later a second opinion under Section 552.306
about the remainder of the requested information.  
 
(e)  Requires the advocate to recommend to the attorney general that a suit
for a writ of mandamus be filed under Section 552.321 (Suit for Writ of
Mandamus), if, in the opinion of the advocate, a governmental body's
refusal to allow access to information requires court action.  

SECTION 2.  Amends Section 552.321, Government Code, to make the section
applicable in the situation when a governmental body refuses to supply
public information that is not excepted from required disclosure or
information that the attorney general has determined is public information
that is not excepted from required disclosure. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.