Tex.
Gov't Code Section 552.371
Certain Entities Required to Provide Contracting Information to Governmental Body in Connection with Request
(a)
This section applies to an entity that is not a governmental body that executes a contract with a governmental body that:(1)
has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body; or(2)
results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body.(b)
This section applies to a written request for public information received by a governmental body that is a party to a contract described by Subsection (a) for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the governmental body.(c)
A governmental body that receives a written request for information described by Subsection (b) shall request that the entity provide the information to the governmental body. The governmental body must send the request in writing to the entity not later than the third business day after the date the governmental body receives the written request described by Subsection (b).(d)
Notwithstanding Section 552.301 (Request for Attorney General Decision):(1)
a request for an attorney general’s decision under Section 552.301 (Request for Attorney General Decision)(b) to determine whether contracting information subject to a written request described by Subsection (b) falls within an exception to disclosure under this chapter is considered timely if made not later than the 13th business day after the date the governmental body receives the written request described by Subsection (b);(2)
the statement and copy described by Section 552.301 (Request for Attorney General Decision)(d) is considered timely if provided to the requestor not later than the 13th business day after the date the governmental body receives the written request described by Subsection (b);(3)
a submission described by Section 552.301 (Request for Attorney General Decision)(e) is considered timely if submitted to the attorney general not later than the 18th business day after the date the governmental body receives the written request described by Subsection (b); and(4)
a copy described by Section 552.301 (Request for Attorney General Decision)(e-1) is considered timely if sent to the requestor not later than the 18th business day after the date the governmental body receives the written request described by Subsection (b).(e)
Section 552.302 (Failure to Make Timely Request for Attorney General Decision; Presumption that Information Is Public) does not apply to information described by Subsection (b) if the governmental body:(1)
complies with the requirements of Subsection (c) in a good faith effort to obtain the information from the contracting entity;(2)
is unable to meet a deadline described by Subsection (d) because the contracting entity failed to provide the information to the governmental body not later than the 13th business day after the date the governmental body received the written request for the information; and(3)
if applicable and notwithstanding the deadlines prescribed by Sections 552.301 (Request for Attorney General Decision)(b), (d), (e), and (e-1), complies with the requirements of those subsections not later than the eighth business day after the date the governmental body receives the information from the contracting entity.(f)
Nothing in this section affects the deadlines or duties of a governmental body under Section 552.301 (Request for Attorney General Decision) regarding information the governmental body maintains, including contracting information.
Source:
Section 552.371 — Certain Entities Required to Provide Contracting Information to Governmental Body in Connection with Request, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm#552.371 (accessed Jun. 5, 2024).
