S.B. No. 852 amends the Texas Government Code to enhance the public information law by introducing new requirements for governmental bodies regarding the handling of information requests. Specifically, it mandates that if a governmental body determines it has no information responsive to a request, the officer for public information must notify the requestor in writing within 10 business days. Additionally, if the requested information is subject to a previous determination that allows for withholding, the officer must inform the requestor of this decision and identify the specific determination relied upon, also within 10 business days. The bill also prohibits governmental bodies from imposing charges for providing copies of certain public information under specific conditions, such as when the information is a report required to be filed under the Election Code.

Furthermore, the bill introduces a new section allowing requestors to file complaints with the attorney general if a governmental body fails to respond to their requests as required. If the attorney general finds that the governmental body did not comply, it can require the body to undergo open records training and prohibits it from charging the requestor for producing the information. The bill also modifies provisions related to the assessment of costs and attorney fees in litigation concerning public information requests, ensuring that requestors who substantially prevail can recover their costs. The changes will take effect on September 1, 2025, and will apply only to requests received on or after that date.

Statutes affected:
Introduced: Government Code 552.221, Government Code 552.261, Government Code 552.306, Government Code 552.324 (Government Code 552)