TITLE: Relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office.

SUMMARY: Relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office.

FULL TEXT:
AN ACT relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 2A, Code of Criminal Procedure, is amended by adding Article 2A.067 to read as follows: Art. 2A.067. PROVISION OF CERTAIN INFORMATION TO ATTORNEY GENERAL. (a) A law enforcement agency that submits to the office of a district attorney, criminal district attorney, or county attorney a report stating there is probable cause to believe an identified person has committed a criminal offense under Chapter 551, Government Code, shall simultaneously submit a copy of that report to the open records division of the attorney general's office. (b) On request of the attorney general, a law enforcement agency shall provide all requested information that has not been made publicly available regarding an investigation of an offense under Chapter 551, Government Code, to the open records division of the attorney general's office. SECTION 2. Subchapter C, Chapter 2A, Code of Criminal Procedure, is amended by adding Article 2A.112 to read as follows: Art. 2A.112. INVESTIGATION OF OPEN MEETING OFFENSES. (a) A district attorney, criminal district attorney, or county attorney representing the state in the prosecution of a criminal offense under Chapter 551, Government Code, may request the assistance of the open records division of the attorney general's office in the investigation of the offense. (b) On request of the attorney general, the district attorney, criminal district attorney, or county attorney representing the state in the prosecution of a criminal offense under Chapter 551, Government Code, shall provide to the open records division of the attorney general's office all requested information that has not been made publicly available regarding the investigation of the offense. (c) If a district attorney, criminal district attorney, or county attorney who receives a report under Article 2A.067(a) or who represents the state in the prosecution of a criminal offense under Chapter 551, Government Code, decides to not prosecute or to terminate the investigation of a case regarding an offense under that chapter, the attorney shall publish on any Internet website maintained by the attorney's office, for a period of not less than one year: (1) notice of the attorney's decision to not prosecute or to terminate the investigation of the case; and (2) the attorney's reason for not prosecuting or for terminating the investigation of the case. SECTION 3. Subchapter B, Chapter 402, Government Code, is amended by adding Section 402.02801 to read as follows: Sec. 402.02801. INVESTIGATION OF OPEN MEETING OFFENSES. (a) The open records division of the attorney general's office, on the request of a law enforcement agency under Article 2A.067, Code of Criminal Procedure, or an attorney representing the state under Article 2A.112, Code of Criminal Procedure, may assist the agency or attorney in the investigation of a criminal offense under Chapter 551. (b) To assist in an investigation under Subsection (a), the open records division of the attorney general's office may request from a law enforcement agency or an attorney representing the state in the prosecution of an offense under Chapter 551 any information relating to the offense that has not been made publicly available. SECTION 4. This Act takes effect September 1, 2025.