As part of the unprecedented response to coronavirus in Texas, our office has received inquiries regarding the calculation of business days under the Public Information Act (the “Act”) and related use of the new temporary suspension process under section 552.2325 of the Government Code. Additionally, during the 87th Regular Session of the Texas Legislature, SB1225 (effective September 1, 2021) revised section 552.2325 of the Government Code and created new procedural requirements in section 552.2211 of the Government Code.
Section 552.2325 of the Government Code permits a governmental body significantly impacted by a catastrophe or disaster to suspend the applicability of the Act for up 14 calendar days. Use of the section 552.2325 suspension process is appropriate where a governmental is open for business but determines that a catastrophe has interfered with its ability to comply with the Act.
Section 552.2211 of the Government Code requires that, except as provided by section 552.2325, if a governmental body closes its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith effort to continue responding to applications for public information, to extent staff have access to public information responsive to an application while its administrative offices are closed.
Governmental bodies should consider the following guidelines when calculating business days.
- Holidays observed by the governmental body are not business days.
- Weekends are not business days.
- Skeleton crew days are not business days.
- A day on which a governmental body’s administrative offices are closed is not a business day.
- Section 552.2211 of the Government Code requires that, except as provided by section 552.233, if a governmental body closes its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith effort to continue responding to applications for public information, to the extent staff have access to public information responsive to an application while its administrative offices are closed.
Note: Updated September 13, 2021