Texas Government Code

Sec. § 552.233
Temporary Suspension of Requirements for Governmental Body Impacted by Catastrophe

(a)

In this section:

(1)

“Catastrophe” means a condition or occurrence that 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)

“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 impacted by a catastrophe; and

(2)

complies with the requirements of this section.

(c)

A governmental body that elects to suspend the applicability of the requirements of this chapter to the governmental body must submit notice to the office of the attorney general that the governmental body is currently impacted by a catastrophe and has elected to suspend the applicability of those requirements during the initial suspension period determined under Subsection (d). The notice must be on the form prescribed by the office of the attorney general under Subsection (j).

(d)

A governmental body may suspend the applicability of the requirements of this chapter to the governmental body for an initial suspension period. 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 (j).

(f)

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 (Notice of Meeting Required), Chapter 551 (Open Meetings). The governmental body must maintain the notice of the suspension during the suspension period.

(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.

(h)

The requirements of this chapter related to a request for public information received by a governmental body before the date an initial suspension period determined by the governmental body begins are tolled until the first business day after the date the suspension period ends.

(i)

The office of the attorney general shall continuously post on the Internet website of the office each notice submitted to the office under this section from the date the office receives the notice until the first anniversary of that date.

(j)

The office of the attorney general shall prescribe the form of the notice that a governmental body must submit to the office under Subsections (c) and (e). The notice must require the governmental body to:

(1)

identify and describe the catastrophe that the governmental body is currently impacted by;

(2)

state the date the initial suspension period determined by the governmental body under Subsection (d) begins and the date that period ends;

(3)

if the governmental body has determined to extend the initial suspension period under Subsection (e):

(A)

state that the governmental body continues to be impacted by the catastrophe identified in Subdivision (1); and

(B)

state the date the extension to the initial suspension period begins and the date the period ends; and

(4)

provide any other information the office of the attorney general determines necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 462 (S.B. 494), Sec. 4, eff. September 1, 2019.

(b)

A temporary custodian with possession, custody, or control of public information shall surrender or return the information to the governmental body not later than the 10th day after the date the officer for public information of the governmental body or the officer’s agent requests the temporary custodian to surrender or return the information.

(c)

A temporary custodian’s failure to surrender or return public information as required by Subsection (b) is grounds for disciplinary action by the governmental body that employs the temporary custodian or any other applicable penalties provided by this chapter or other law.

(d)

For purposes of the application of Subchapter G to information surrendered or returned to a governmental body by a temporary custodian under Subsection (b), the governmental body is considered to receive the request for that information on the date the information is surrendered or returned to the governmental body.
Added by Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 6, eff. September 1, 2019.
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Last accessed
Jun. 7, 2021

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