H.B. No. 1009
1-1 AN ACT
1-2 relating to the recovery by certain state agencies and certain
1-3 municipalities of the costs of providing copies of or access to
1-4 public records.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In Sections 2 through 4 of this
1-7 Act:
1-8 (1) "State agency" has the meaning assigned by
1-9 Sections 1.02(2)(A) and (C), State Purchasing and General Services
1-10 Act (Article 601b, Vernon's Texas Civil Statutes).
1-11 (2) "Commission" means the General Services
1-12 Commission.
1-13 (3) "Public records" has the meaning assigned by
1-14 Section 2(2), Chapter 424, Acts of the 63rd Legislature, Regular
1-15 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
1-16 SECTION 2. STUDY AND REPORT BY COMMISSION. (a) The
1-17 commission shall conduct a study of the charges made by state
1-18 agencies for copies of public records.
1-19 (b) The attorney general, comptroller, Department of Public
1-20 Safety, Department of Information Resources, Texas Department of
1-21 Human Services, and Texas State Board of Public Accountancy shall
1-22 help conduct the study.
1-23 (c) The commission shall prepare a report of its findings
1-24 under the study and shall provide a copy of the report to each
2-1 state agency before December 1, 1993.
2-2 (d) The commission shall revise and update the report
2-3 biennially.
2-4 SECTION 3. REVIEW AND REPORT BY AGENCIES. (a) Each state
2-5 agency shall review its processes for providing access to and
2-6 copies of public records and shall analyze the charges the agency
2-7 makes for the copies.
2-8 (b) A state agency shall prepare a report of its review and
2-9 analysis and shall provide a copy of the report to the commission,
2-10 the Legislative Budget Board, and the comptroller before May 1,
2-11 1994.
2-12 (c) The commission shall assist a state agency without
2-13 accounting expertise in making the review and analysis required by
2-14 this section.
2-15 (d) Before the 30th day after the date on which a regular
2-16 session of the legislature convenes, each state agency shall issue
2-17 a report that describes the agency's procedures for charging and
2-18 collecting fees for copies of public records.
2-19 SECTION 4. TEMPORARY INCREASE IN CHARGES. (a) On September
2-20 1, 1993, each state agency shall:
2-21 (1) increase by 15 percent the amount of any charge
2-22 the agency has in place for providing a copy of a public record;
2-23 and
2-24 (2) increase by 25 percent the amount of any charge
2-25 the agency has in place for providing a copy of a mailing list.
2-26 (b) An increase in the amount that an agency charges for
2-27 providing a copy imposed under Subsection (a) of this section
3-1 remains in effect only until the agency adopts the rules required
3-2 by Section 9A, Chapter 424, Acts of the 63rd Legislature, Regular
3-3 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
3-4 (c) This section does not apply to information in driver's
3-5 license records of the Department of Public Safety.
3-6 SECTION 5. CHARGES BY STATE AGENCY. Chapter 424, Acts of
3-7 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
3-8 Vernon's Texas Civil Statutes), is amended by adding Section 9A to
3-9 read as follows:
3-10 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY. (a)
3-11 The General Services Commission by rule shall specify the methods
3-12 and procedures that a state agency may use in determining the
3-13 amounts that the agency should charge to recover the full cost to
3-14 the agency of providing copies of public records under this Act.
3-15 (b) Each state agency by rule shall specify the charges the
3-16 agency will make for copies of public records. A state agency may
3-17 establish a charge for a copy of a public record that is equal to
3-18 the full cost to the agency of providing the copy.
3-19 (c)(1) A state agency shall pay to the comptroller for
3-20 deposit in an unobligated account designated by the comptroller in
3-21 the general revenue fund all money collected by the agency for
3-22 providing copies of public records.
3-23 (2) Of the total amount of money deposited in the
3-24 general revenue fund under Subdivision (1) of this subsection, the
3-25 comptroller may transfer 25 percent of the money collected for
3-26 providing copies of mailing lists, and 15 percent of the money
3-27 collected for providing copies of other public records, to the
4-1 general revenue fund.
4-2 (3) The comptroller shall adopt rules to administer
4-3 this subsection.
4-4 (d) This section is cumulative of Section 9 of this Act.
4-5 (e) In this section, "state agency" has the meaning assigned
4-6 by Sections 1.02(2)(A) and (C), State Purchasing and General
4-7 Services Act (Article 601b, Vernon's Texas Civil Statutes).
4-8 SECTION 6. Chapter 324, Government Code, is amended by
4-9 adding Section 324.010 to read as follows:
4-10 Sec. 324.010. COPY COSTS; FORMAT. The library has exclusive
4-11 authority to determine the charge for copies or reproduction of
4-12 records in the custody of the library. The library may reproduce
4-13 records in a format such as CD-ROM, another computer-readable
4-14 format, or any other format determined by the library and provide
4-15 records in that format for a charge determined by the library.
4-16 SECTION 7. Section 253.007, Local Government Code, as
4-17 enacted by H.B. 1408, Acts of the 73rd Legislature, Regular
4-18 Session, 1993, is amended by adding Subsection (d) to read as
4-19 follows:
4-20 (d) Notwithstanding any other provision of this section,
4-21 this section does not apply to the cost of production for public
4-22 inspection or copying of public records collected, assembled, or
4-23 maintained through use of the software, which cost is governed by
4-24 Section 9, Chapter 424, Acts of the 63rd Legislature, Regular
4-25 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
4-26 without regard to the cost of developing the software.
4-27 SECTION 8. REPEALER. Sections 403.301 and 403.302,
5-1 Government Code, are repealed.
5-2 SECTION 9. EMERGENCY. The importance of this legislation
5-3 and the crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.