Amends TCA Title 10, Chapter 7, Part 5.

This bill provides a mechanism by which a public records custodian may enter into mediation with a records requestor for the purpose of stopping requests that constitute harassment, and, if mediation fails, authorizes the records custodian to seek an injunction against the records requestor. This bill defines "harassment" as a public records request made to a governmental entity: (1) That is made in a manner that would cause a reasonable person, including a records custodian or any staff of the public entity in control of the public records, to be seriously abused, intimidated, threatened, or harassed; (2) For which the conduct in fact seriously abuses, intimidates, threatens, or harasses the person; and (3) That is not made for any legitimate purpose. Under this bill, if a person makes a request to view or copy a public record that constitutes harassment, the records custodian charged with fulfilling the request must, prior to petitioning a court of record of competent jurisdiction for an order to enjoin the person from making records requests, provide the person with notice by certified mail requesting to mediate the dispute with the cost of mediation to be incurred by the employing entity of the records custodian. A statement outlining the rights of the requestor under this bill must be included with the notice. If the person receiving notice does not respond within 10 days of receiving notice of the person's intent to mediate the dispute, or rejects the opportunity to mediate the dispute, the records custodian may petition a court to enjoin the person from making records requests in accordance with this bill. This bill sets out the requirements and procedures that will apply if the parties agree to mediation. If the parties cannot reach an agreement, the records custodian may petition a court to enjoin the person from making records requests. If the parties do reach an agreement, the agreement may include, without limitation, an agreement as to the conduct of either party, monetary compensation for the costs of producing records requested, fees for the costs of mediation, or any other equitable remedy to which the parties may agree. If the mediator finds that the requestor harassed the records custodian, or if a requestor is offered mediation and is unresponsive to or rejects the opportunity to mediate, the requestor will then be prohibited from requesting records from the records custodian until the matter has been resolved by a court of competent jurisdiction. At the conclusion of mediation, upon the issuance of a dispute certification notice, either party to mediation may appeal the ruling of the mediator to the court. This bill specifies that a records custodian may not petition a court for injunctive relief unless the records custodian has unsuccessfully attempted to resolve the dispute by mediation and has notified the person making the requests by certified mail stating the specific, alleged conduct that constitutes harassment. This bill requires the records custodian to continue to comply with the open records law after a petition is filed and while the case is pending, but if the records custodian prevails, the person making the requests must reimburse the records custodian for the labor costs incurred by the records custodian in producing the records during the pendency of the case. Under this bill, a court may, upon finding by a preponderance of evidence that a records request constitutes harassment, enjoin the person who made the request from making a public records request for a period of up to one year. The person, while subject to the injunction, may petition the court for permission to make a public records request and the court may approve the petition if the petitioner shows that the public records request does not constitute harassment. This bill requires a records custodian who petitions a court for an injunction to provide a written report to the office of open records counsel that includes a copy of the petition and any injunction or orders issued by the court. The office of open records counsel must include a summary of the reports received as part of the office's annual report required by present law and provide the summary to the advisory committee on open government. ON MARCH 29, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 135, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize a records custodian to petition a court to enjoin a person who makes a request to view or copy a public record with the intent to disrupt government operations from making records requests. A records custodian will not be eligible to petition for an injunction without first having provided written notice to the requestor, which notice must be provided after the fifth request by the person made with intent to disrupt government operations. A records custodian must continue to comply with the public records laws during the pendency of a petition filed under this amendment. If the records custodian prevails on the petition, the person making the requests will be required to reimburse the records custodian for the labor costs incurred by the records custodian in producing the records during the pendency of the case. This amendment authorizes a court to, upon finding by clear and convincing evidence that a records request was made with intent to disrupt government operations, enjoin the requestor from making a public records request for up to one year; provided, that a person so enjoined may petition the same court for permission to make a public records request and the court may approve the petition if the petitioner shows that the public records request is not made with intent to disrupt government operations. A records custodian who petitions a court for an injunction pursuant to this amendment must provide a written report to the office of open records counsel that includes a copy of the petition and any injunction or orders issued by the court. The office of open records counsel must include a summary of all such reports received as part of the office's annual report and provide the summary to the advisory committee on open government. The provisions of this amendment are repealed July 1, 2025.