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89(R) HB 3711 - Enrolled version - Bill Text
H.B. No. 3711
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.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3711 was passed by the House on April
29, 2025, by the following vote: Yeas 131, Nays 13, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3711 on May 28, 2025, by the following vote: Yeas 82, Nays 40,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3711 was passed by the Senate, with
amendments, on May 26, 2025, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor