87(R) SB 1225 - Enrolled version - Bill Text

	S.B.  No.  1225

	AN ACT
	relating to the authority of a governmental body impacted by a
	catastrophe to temporarily suspend the requirements of the public
	information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 552.233, Government Code, as added by
	Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular
	Session, 2019, is amended to read as follows:
	(a)    In this section:
	(1)    "Catastrophe" means a condition or occurrence that
	directly interferes with the ability of a governmental body to
	comply with the requirements of this chapter, including:
	(A)    fire, flood, earthquake, hurricane, tornado,
	or wind, rain, or snow storm;
	(B)    power failure, transportation failure, or
	interruption of communication facilities;
	(C)    epidemic; or
	(D)    riot, civil disturbance, enemy attack, or
	other actual or threatened act of lawlessness or violence.
	(2)    "Catastrophe" does not mean a period when staff is
	required to work remotely and can access information responsive to
	an application for information electronically, but the physical
	office of the governmental body is closed.
	(3)    "Suspension period" means the period of time
	during which a governmental body may suspend the applicability of
	the requirements of this chapter to the governmental body under
	this section.
	(b)    The requirements of this chapter do not apply to a
	governmental body during the suspension period determined by the
	governmental body under Subsections (d) and (e) if the governmental
	body:
	(1)    is currently significantly impacted by a
	catastrophe such that the catastrophe directly causes the inability
	of a governmental body to comply with the requirements of this
	chapter; and
	(2)    complies with the requirements of this section.
	(d)    A governmental body may suspend the applicability of the
	requirements of this chapter to the governmental body for an
	initial suspension period. The governmental body may suspend the
	applicability of the requirements of this chapter under this
	subsection only once for each catastrophe.  The initial suspension
	period may not exceed seven consecutive days and must occur during
	the period that:
	(1)    begins not earlier than the second day before the
	date the governmental body submits notice to the office of the
	attorney general under Subsection (c); and
	(2)    ends not later than the seventh day after the date
	the governmental body submits that notice.
	(e)    A governmental body may extend an initial suspension
	period if the governing body determines that the governing body is
	still impacted by the catastrophe on which the initial suspension
	period was based. The initial suspension period may be extended one
	time for not more than seven consecutive days that begin on the day
	following the day the initial suspension period ends. The
	governing body must submit notice of the extension to the office of
	the attorney general on the form prescribed by the office under
	Subsection (l)  [(j)].
	(f)    A governmental body that initiates a suspension period
	under Subsection (d) may not initiate another suspension period
	related to the same catastrophe, except for a single extension
	period as prescribed in Subsection (e).
	(g)    The combined suspension period for a governmental body
	filing under Subsections (d) and (e) may not exceed a total of 14
	consecutive calendar days with respect to any single catastrophe.
	(h)    A governmental body that suspends the applicability of
	the requirements of this chapter to the governmental body under
	this section must provide notice to the public of the suspension in
	a place readily accessible to the public and in each other location
	the governmental body is required to post a notice under Subchapter
	C, Chapter 551. The governmental body must maintain the notice of
	the suspension during the suspension period.
	(i)  [(g)]    Notwithstanding another provision of this
	chapter, a request for public information received by a
	governmental body during a suspension period determined by the
	governmental body is considered to have been received by the
	governmental body on the first business day after the date the
	suspension period ends.
	(j)  [(h)]    The requirements of this chapter related to a