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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic communications during a public meeting and |
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the definitions of public information and official business under |
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the public information law; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.143, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) A member or group of members of a governmental body |
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commits an offense if the member or group of members knowingly: |
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(1) conspires to circumvent this chapter by meeting in |
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numbers less than a quorum for the purpose of secret deliberations |
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in violation of this chapter; or |
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(2) transmits an electronic communication during a |
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public meeting. |
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(c) In this section, "electronic communication" includes an |
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e-mail, Internet posting, text message, or instant message. |
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(d) Subsection (a)(2) does not apply to an electronic |
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communication that: |
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(1) contains only administrative or ministerial |
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information; or |
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(2) is sent: |
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(A) to a family member, contains only information |
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about a family matter, and does not relate to the transaction of |
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official business; or |
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(B) in relation to an emergency situation. |
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SECTION 2. Section 552.002, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) In this chapter, "public information" means information |
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that is written, produced, collected, assembled, or maintained |
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under a law or ordinance or in connection with or related to the |
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transaction of official business: |
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(1) by a governmental body; [or] |
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(2) for a governmental body and the governmental body: |
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(A) owns the information; |
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(B) [or] has a right of access to the |
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information; or |
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(C) spends or contributes public money to write, |
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produce, collect, assemble, or maintain the information in whole or |
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part; or |
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(3) by an individual who holds public office, is a |
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member of the staff of a public office holder, or is an officer or |
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employee of a governmental body [it]. |
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(a-1) Public information includes any electronic |
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communication: |
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(1) transmitted through a device provided to an |
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individual by a governmental body for official use on behalf of the |
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governmental body; or |
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(2) maintained on a government server. |
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(a-2) Public information of a governmental body exists on a |
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device not provided by the governmental body when that device is |
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used by a public office holder, a member of the staff of a public |
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office holder, or any other official or employee of the |
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governmental body in connection with or related to the transaction |
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of official business. |
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(c) The general forms in which the media containing public |
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information exist include a book, paper, letter, document, e-mail, |
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Internet posting, text message, instant message, other form of |
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electronic communication, printout, photograph, film, tape, |
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microfiche, microfilm, photostat, sound recording, map, and |
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drawing and a voice, data, or video representation held in computer |
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memory. |
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SECTION 3. Section 552.003, Government Code, is amended by |
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adding Subdivision (2-a) to read as follows: |
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(2-a) "Official business" means any matter over which |
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a governmental body has authority or administrative or advisory |
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duties. |
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SECTION 4. The changes in law made by this Act to Sections |
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552.002 and 552.003, Government Code, apply only to a request for |
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information that is received by a governmental body or an officer |
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for public information on or after the effective date of this Act. |
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A request for information that was received before the effective |
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date of this Act is governed by the law in effect on the date the |
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request was received, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect January 1, 2014. |