2023 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.
(c)  A governmental body shall as soon as practicable but within a reasonable period of time after the date the attorney general issues an opinion under Subsection (b) regarding information requested under this chapter:
(1)  provide the requestor of the information an itemized estimate of charges for production of the information if the estimate is required by Section 552.2615;
(2)  if the requested information is voluminous:
(A)  take the following actions if the governmental body determines that it is able to disclose the information in a single batch:
(i)  provide a written certified notice to the requestor and the attorney general that it is impractical or impossible for the governmental body to produce the information within a reasonable period of time;
(ii)  include in the notice the date and hour that the governmental body will disclose the information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice; and
(iii)  produce the information at the date and time included in the notice; or
(B)  take the following actions if the governmental body determines that it is unable to disclose the information in a single batch:
(i)  provide a written certified notice to the requestor and the attorney general that it is impractical or impossible for the governmental body to produce the information within a reasonable period of time and in a single batch;
(ii)  include in the notice the date and hour that the governmental body will disclose the first batch of information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice;
(iii)  provide a written certified notice to the requestor and the attorney general when each subsequent batch of information is disclosed to the requestor of the date and hour that the governmental body will disclose the next batch of information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice; and
(iv)  produce the requested information at each date and time included in a notice;
(3)  produce the information if it is required to be produced;
(4)  notify the requestor in writing that the governmental body is withholding the information as authorized by the opinion; or
(5)  notify the requestor in writing that the governmental body has filed suit against the attorney general under Section 552.324 regarding the information.
(d)  A governmental body is presumed to have complied with the requirements of Subsection (c) if the governmental body takes an action under that subsection regarding information that is the subject of an opinion issued by the attorney general not later than the 30th day after the date the attorney general issues the opinion.
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.
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 10, eff. September 1, 2023.