HBA-DMD S.B. 1079 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1079 By: Shapleigh State Affairs 5/6/1999 Engrossed BACKGROUND AND PURPOSE Under current Texas law, there is no provision providing a toll-free number for the attorney general's office in order for a person to make a request under the Public Information Act or for a person whose request for information has received an inadequate response. S.B. 1079 requires the attorney general to provide a statewide toll-free number by which members of the public may contact the open records division of the office of the attorney general. This bill requires each governmental body to post the toll-free number at a specified place. This bill also allows a requestor or the attorney general to file suit for a writ of mandamus if the governmental body refuses to make public or refuses to request a decision from the attorney general for information that is not excepted from required disclosure. 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. TOLL-FREE NUMBER; ATTORNEY GENERAL'S OFFICE. Requires the attorney general to provide a statewide toll-free number by which members of the public may contact the open records division of the office of the attorney general. 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), Government Code. 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 brief description, to be prescribed by the attorney general, of the division's function. SECTION 2. Section 552.321, Government Code, is amended to read as follows: Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. Authorizes a requestor or the attorney general to file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to request an attorney general's decision as provided by Subchapter G (Attorney General Decisions), Chapter 552 (Public Information), Government Code, or 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.