reglab/housing_qa huggingface dataset:
TX Govt Code § 552.306 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter G. Attorney General Decisions|Section 552.306. Rendition of Attorney General Decision; Issuance of Written Opinion

Sec. 552.306.  RENDITION OF ATTORNEY GENERAL DECISION;  ISSUANCE OF WRITTEN OPINION.  (a)  Except as provided by Section 552.011, the attorney general shall promptly render a decision requested under this subchapter, consistent with the standards of due process, determining whether the requested information is within one of the exceptions of Subchapter C.  The attorney general shall render the decision not later than the 45th business day after the date the attorney general received the request for a decision.  If the attorney general is unable to issue the decision within the 45-day period, the attorney general may extend the period for issuing the decision by an additional 10 business days by informing the governmental body and the requestor, during the original 45-day period, of the reason for the delay.(b)  The attorney general shall issue a written opinion of the determination and shall provide a copy of the opinion to the requestor.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 22, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 1319, Sec. 25, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 349 (S.B. 175), Sec. 2, eff. June 15, 2007.|
TX Govt Code § 552.307 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter G. Attorney General Decisions|Section 552.307. Special Right of Access; Attorney General Decisions

Sec. 552.307.  SPECIAL RIGHT OF ACCESS;  ATTORNEY GENERAL DECISIONS.  (a)  If a governmental body determines that information subject to a special right of access under Section 552.023 is exempt from disclosure under an exception of Subchapter C, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, the governmental body shall, before disclosing the information, submit a written request for a decision to the attorney general under the procedures of this subchapter.(b)  If a decision is not requested under Subsection (a), the governmental body shall release the information to the person with a special right of access under Section 552.023 not later than the 10th business day after the date of receiving the request for information.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 349 (S.B. 175), Sec. 3, eff. June 15, 2007.|
TX Govt Code § 552.308 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter G. Attorney General Decisions|Section 552.308. Timeliness of Action by United States Mail, Interagency Mail, or Common or Contract Carrier

Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL, INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER.  (a)  When this subchapter requires a request, notice, or other document to be submitted or otherwise given to a person within a specified period, the requirement is met in a timely fashion if the document is sent to the person by first class United States mail or common or contract carrier properly addressed with postage or handling charges prepaid and:(1)  it bears a post office cancellation mark or a receipt mark of a common or contract carrier indicating a time within that period;  or(2)  the person required to submit or otherwise give the document furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period.(b)  When this subchapter requires an agency of this state to submit or otherwise give to the attorney general within a specified period a request, notice, or other writing, the requirement is met in a timely fashion if:(1)  the request, notice, or other writing is sent to the attorney general by interagency mail;  and(2)  the agency provides evidence sufficient to establish that the request, notice, or other writing was deposited in the interagency mail within that period.|Added by Acts 1995, 74th Leg., ch. 1035, Sec. 23, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 26, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 909, Sec. 1, 2, eff. June 20, 2003.|
TX Govt Code § 552.309 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter G. Attorney General Decisions|Section 552.309. Timeliness of Action by Electronic Submission

Sec. 552.309.  TIMELINESS OF ACTION BY ELECTRONIC SUBMISSION.  (a)  When this subchapter requires a request, notice, or other document to be submitted or otherwise given to the attorney general within a specified period, the requirement is met in a timely fashion if the document is submitted to the attorney general through the attorney general's designated electronic filing system within that period.(b)  The attorney general may electronically transmit a notice, decision, or other document.  When this subchapter requires the attorney general to deliver a notice, decision, or other document within a specified period, the requirement is met in a timely fashion if the document is electronically transmitted by the attorney general within that period.(c)  This section does not affect the right of a person or governmental body to submit information to the attorney general under Section 552.308.|Added by Acts 2011, 82nd Leg., R.S., Ch. 552 (H.B. 2866), Sec. 2, eff. June 17, 2011.|
TX Govt Code § 552.321 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.321. Suit for Writ of Mandamus

Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS.  (a)  A requestor or the attorney general may 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  or refuses to supply public information or information that the attorney general has determined is public information that is not excepted from disclosure under Subchapter C.(b)  A suit filed by a requestor under this section must be filed in a district court for the county in which the main offices of the governmental body are located.  A suit filed by the attorney general under this section must be filed in a district court of Travis County, except that a suit against a municipality with a population of 100,000 or less must be filed in a district court for the county in which the main offices of the municipality are located.(c)  A requestor may file suit for a writ of mandamus compelling a governmental body or an entity to comply with the requirements of Subchapter J.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1319, Sec. 27, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 8, eff. January 1, 2020.|
TX Govt Code § 552.322 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.322. Discovery of Information Under Protective Order Pending Final Determination

Sec. 552.322.  DISCOVERY OF INFORMATION UNDER PROTECTIVE ORDER PENDING FINAL DETERMINATION.  In a suit filed under this chapter, the court may order that the information at issue may be discovered only under a protective order until a final determination is made.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 552.3221 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.3221. In Camera Inspection of Information

Sec. 552.3221.  IN CAMERA INSPECTION OF INFORMATION.  (a)  In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case.(b)  Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order.  The order shall further note the filing date and time.(c)  The information at issue filed with the court for in camera inspection shall be:(1)  appended to the order and transmitted by the court to the clerk for filing as "information at issue";(2)  maintained in a sealed envelope or in a manner that precludes disclosure of the information; and(3)  transmitted by the clerk to any court of appeal as part of the clerk's record.(d)  Information filed with the court under this section does not constitute "court records" within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection.(e)  For purposes of this section, "information at issue" is defined as information held by a governmental body that forms the basis of a suit under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 461 (S.B. 983), Sec. 1, eff. September 1, 2013.|
TX Govt Code § 552.323 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.323. Assessment of Costs of Litigation and Reasonable Attorney Fees

Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND REASONABLE ATTORNEY FEES.  (a)  In an action brought under Section 552.321 or 552.3215, the court shall assess costs of litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails, except that the court may not assess those costs and fees against a governmental body if the court finds that the governmental body acted in reasonable reliance on:(1)  a judgment or an order of a court applicable to the governmental body;(2)  the published opinion of an appellate court;  or(3)  a written decision of the attorney general, including a decision issued under Subchapter G  or an opinion issued under Section 402.042.(b)  In an action brought under Section 552.324, the court may not assess costs of litigation or reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails unless the court finds the action or the defense of the action was groundless in fact or law.  In exercising its discretion under this subsection, the court shall consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 29, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 9, eff. September 1, 2009.Acts 2019, 86th Leg., R.S., Ch. 616 (S.B. 988), Sec. 1, eff. September 1, 2019.|
TX Govt Code § 552.324 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.324. Suit by Governmental Body

Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  (a)  The only suit a governmental body may file seeking to withhold information from a requestor is a suit that:(1)  is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and(2)  seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G.(b)  The governmental body must bring the suit not later than the 30th calendar day after the date the governmental body receives the decision of the attorney general determining that the requested information must be disclosed to the requestor.  If the governmental body does not bring suit within that period, the governmental body shall comply with the decision of the attorney general.  If a governmental body wishes to preserve an affirmative defense for its officer for public information as provided in Section 552.353(b)(3), suit must be filed within the deadline provided in Section 552.353(b)(3).|Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1319, Sec. 30, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 10, eff. September 1, 2009.|
TX Govt Code § 552.325 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.325. Parties to Suit Seeking to Withhold Information

Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD INFORMATION.  (a)  A governmental body, officer for public information, or other person or entity that files a suit seeking to withhold information from a requestor may not file suit against the person requesting the information.  The requestor is entitled to intervene in the suit.(b)  The governmental body, officer for public information, or other person or entity that files the suit shall demonstrate to the court that the governmental body, officer for public information, or other person or entity made a timely good faith effort to inform the requestor, by certified mail or by another written method of notice that requires the return of a receipt, of:(1)  the existence of the suit, including the subject matter and cause number of the suit and the court in which the suit is filed;(2)  the requestor's right to intervene in the suit or to choose to not participate in the suit;(3)  the fact that the suit is against the attorney general in Travis County district court; and(4)  the address and phone number of the office of the attorney general.(c)  If the attorney general enters into a proposed settlement that all or part of the information that is the subject of the suit should be withheld, the attorney general shall notify the requestor of that decision and, if the requestor has not intervened in the suit, of the requestor's right to intervene to contest the withholding.  The attorney general shall notify the requestor:(1)  in the manner required by the Texas Rules of Civil Procedure, if the requestor has intervened in the suit;  or(2)  by certified mail or by another written method of notice that requires the return of a receipt, if the requestor has not intervened in the suit.(d)  The court shall allow the requestor a reasonable period to intervene after the attorney general attempts to give notice under Subsection (c)(2).|Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 11, eff. September 1, 2009.|
TX Govt Code § 552.326 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.326. Failure to Raise Exceptions Before Attorney General

Sec. 552.326.  FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY GENERAL.  (a)  Except as provided by Subsection (b), the only exceptions to required disclosure within Subchapter C  that a governmental body may raise in a suit filed under this chapter are exceptions that the governmental body properly raised before the attorney general in connection with its request for a decision regarding the matter under Subchapter G. (b)  Subsection (a) does not prohibit a governmental body from raising an exception:(1)  based on a requirement of federal law;  or(2)  involving the property or privacy interests of another person.|Added by Acts 1999, 76th Leg., ch. 1319, Sec. 31, eff. Sept. 1, 1999.|
TX Govt Code § 552.327 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter H. Civil Enforcement|Section 552.327. Dismissal of Suit Due to Requestor's Withdrawal or Abandonment of Request

Sec. 552.327.  DISMISSAL OF SUIT DUE TO REQUESTOR'S WITHDRAWAL OR ABANDONMENT OF REQUEST.  A court may dismiss a suit challenging a decision of the attorney general brought in accordance with this chapter if:(1)  all parties to the suit agree to the dismissal; and(2)  the attorney general determines and represents to the court that the requestor has voluntarily withdrawn the request for information in writing or has abandoned the request.|Added by Acts 2007, 80th Leg., R.S., Ch. 474 (H.B. 2248), Sec. 2, eff. September 1, 2007.|
TX Govt Code § 552.351 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter I. Criminal Violations|Section 552.351. Destruction, Removal, or Alteration of Public Information

Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC INFORMATION.  (a)  A person commits an offense if the person wilfully destroys, mutilates, removes without permission as provided by this chapter, or alters public information.(b)  An offense under this section is a misdemeanor punishable by:(1)  a fine of not less than $25 or more than $4,000;(2)  confinement in the county jail for not less than three days or more than three months;  or(3)  both the fine and confinement.(c)  It is an exception to the application of Subsection (a) that the public information was transferred under Section 441.204.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 771, Sec. 2, eff. June 13, 2001.|
TX Govt Code § 552.352 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter I. Criminal Violations|Section 552.352. Distribution or Misuse of Confidential Information

Sec. 552.352.  DISTRIBUTION OR MISUSE OF CONFIDENTIAL INFORMATION.  (a)  A person commits an offense if the person distributes information considered confidential under the terms of this chapter.(a-1)  An officer or employee of a governmental body who obtains access to confidential information under Section 552.008 commits an offense if the officer or employee knowingly:(1)  uses the confidential information for a purpose other than the purpose for which the information was received or for a purpose unrelated to the law that permitted the officer or employee to obtain access to the information, including solicitation of political contributions or solicitation of clients;(2)  permits inspection of the confidential information by a person who is not authorized to inspect the information;  or(3)  discloses the confidential information to a person who is not authorized to receive the information.(a-2)  For purposes of Subsection (a-1), a member of an advisory committee to a governmental body who obtains access to confidential information in that capacity is considered to be an officer or employee of the governmental body.(b)  An offense under this section is a misdemeanor punishable by:(1)  a fine of not more than $1,000;(2)  confinement in the county jail for not more than six months;  or(3)  both the fine and confinement.(c)  A violation under this section constitutes official misconduct.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 7.01, 7.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1089, Sec. 2, eff. Sept. 1, 2003.|
TX Govt Code § 552.353 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle A - Open Government|Chapter 552 - Public Information|Subchapter I. Criminal Violations|Section 552.353. Failure or Refusal of Officer for Public Information to Provide Access to or Copying of Public Information

Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION.  (a)  An officer for public information, or the officer's agent, commits an offense if, with criminal negligence, the officer or the officer's agent fails or refuses to give access to, or to permit or provide copying of, public information to a requestor as provided by this chapter.(b)  It is an affirmative defense to prosecution under Subsection (a) that the officer for public information reasonably believed that public access to the requested information was not required and that:(1)  the officer acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record or of the attorney general issued under Subchapter G;(2)  the officer requested a decision from the attorney general in accordance with Subchapter G, and the decision is pending; or(3)  not later than the 10th calendar day after the date of receipt of a decision by the attorney general that the information is public, the officer or the governmental body for whom the defendant is the officer for public information filed a petition for a declaratory judgment against the attorney general in a Travis County district court seeking relief from compliance with the decision of the attorney general, as provided by Section 552.324, and the cause is pending.(c)  It is an affirmative defense to prosecution under Subsection (a) that a person or entity has, not later than the 10th calendar day after the date of receipt by a governmental body of a decision by the attorney general that the information is public, filed a cause of action seeking relief from compliance with the decision of the attorney general, as provided by Section 552.325, and the cause is pending.(d)  It is an affirmative defense to prosecution under Subsection (a) that the defendant is the agent of an officer for public information and that the agent reasonably relied on the written instruction of the officer for public information not to disclose the public information requested.(e)  An offense under this section is a misdemeanor punishable by:(1)  a fine of not more than $1,000;(2)  confinement in the county jail for not more than six months;  or(3)  both the fine and confinement.(f)  A violation under this section constitutes official misconduct.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 12, eff. September 1, 2009.|