By Junell, Martin, McDonald H.B. No. 1009
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recovery by certain state agencies of the costs of
1-3 providing copies of or access to public records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In Sections 2 through 4 of this
1-6 Act:
1-7 (1) "State agency" has the meaning assigned by
1-8 Sections 1.02(2)(A) and (C), State Purchasing and General Services
1-9 Act (Article 601b, Vernon's Texas Civil Statutes).
1-10 (2) "Commission" means the General Services
1-11 Commission.
1-12 (3) "Public records" has the meaning assigned by
1-13 Section 2(2), Chapter 424, Acts of the 63rd Legislature, Regular
1-14 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
1-15 SECTION 2. STUDY AND REPORT BY COMMISSION. (a) The
1-16 commission shall conduct a study of the charges made by state
1-17 agencies for copies of public records.
1-18 (b) The attorney general, comptroller, Department of Public
1-19 Safety, Department of Information Resources, Texas Department of
1-20 Human Services, and Texas State Board of Public Accountancy shall
1-21 help conduct the study.
1-22 (c) The commission shall prepare a report of its findings
1-23 under the study and shall provide a copy of the report to each
1-24 state agency before December 1, 1993.
2-1 (d) The commission shall revise and update the report
2-2 biennially.
2-3 SECTION 3. REVIEW AND REPORT BY AGENCIES. (a) Each state
2-4 agency shall review its processes for providing access to and
2-5 copies of public records and shall analyze the charges the agency
2-6 makes for the copies.
2-7 (b) A state agency shall prepare a report of its review and
2-8 analysis and shall provide a copy of the report to the commission,
2-9 the Legislative Budget Board, and the comptroller before May 1,
2-10 1994.
2-11 (c) The commission shall assist a state agency without
2-12 accounting expertise in making the review and analysis required by
2-13 this section.
2-14 (d) Before the 30th day after the date on which a regular
2-15 session of the legislature convenes, each state agency shall issue
2-16 a report that describes the agency's procedures for charging and
2-17 collecting fees for copies of public records.
2-18 SECTION 4. TEMPORARY INCREASE IN CHARGES. (a) On September
2-19 1, 1993, each state agency shall:
2-20 (1) increase by 15 percent the amount of any charge
2-21 the agency has in place for providing a copy of a public record;
2-22 and
2-23 (2) increase by 25 percent the amount of any charge
2-24 the agency has in place for providing a copy of a mailing list.
2-25 (b) An increase in the amount that an agency charges for
2-26 providing a copy imposed under Subsection (a) of this section
2-27 remains in effect only until the agency adopts the rules required
3-1 by Section 9A, Chapter 424, Acts of the 63rd Legislature, Regular
3-2 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
3-3 (c) This section does not apply to information in driver's
3-4 license records of the Department of Public Safety.
3-5 SECTION 5. CHARGES BY STATE AGENCY. Chapter 424, Acts of
3-6 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
3-7 Vernon's Texas Civil Statutes), is amended by adding Section 9A to
3-8 read as follows:
3-9 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY. (a)
3-10 The General Services Commission by rule shall specify the methods
3-11 and procedures that a state agency may use in determining the
3-12 amounts that the agency should charge to recover the full cost to
3-13 the agency of providing copies of public records under this Act.
3-14 (b) Each state agency by rule shall specify the charges the
3-15 agency will make for copies of public records. A state agency may
3-16 establish a charge for a copy of a public record that is equal to
3-17 the full cost to the agency of providing the copy.
3-18 (c)(1) A state agency shall pay to the comptroller for
3-19 deposit in an unobligated account designated by the comptroller in
3-20 the general revenue fund all money collected by the agency for
3-21 providing copies of public records.
3-22 (2) Of the total amount of money deposited in the
3-23 general revenue fund under Subdivision (1) of this subsection, the
3-24 comptroller may transfer 25 percent of the money collected for
3-25 providing copies of mailing lists, and 15 percent of the money
3-26 collected for providing copies of other public records, to the
3-27 general revenue fund.
4-1 (3) The comptroller shall adopt rules to administer
4-2 this subsection.
4-3 (d) This section is cumulative of Section 9 of this Act.
4-4 (e) In this section, "state agency" has the meaning assigned
4-5 by Sections 1.02(2)(A) and (C), State Purchasing and General
4-6 Services Act (Article 601b, Vernon's Texas Civil Statutes).
4-7 SECTION 6. Section 405.031(c), Government Code, is amended
4-8 to read as follows:
4-9 (c) The secretary of state may charge a commercial user a
4-10 fee not to exceed $3 for providing the commercial user with access
4-11 to public information and may charge for a purchase <purchases> of
4-12 public information by a commercial user <users> an additional
4-13 amount, established by the secretary of state, based on employees'
4-14 time in providing the information. For the purposes of this
4-15 subsection "commercial user" means a user or purchaser of
4-16 microfilm, microfiche, computer tapes, or computer printouts for
4-17 the purpose of selling, advertising, or distributing a commodity or
4-18 rendering professional or personal services.
4-19 SECTION 7. REPEALER. Sections 403.301 and 403.302,
4-20 Government Code, are repealed.
4-21 SECTION 8. EMERGENCY. The importance of this legislation
4-22 and the crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.