By: Junell H.B. No. 1009
73R4916 JD-F
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 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 to the
1-8 term "governmental body" by Section 2(1)(A), Chapter 424, Acts of
1-9 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
1-10 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 SECTION 3. REVIEW AND REPORT BY AGENCIES. (a) Each state
2-3 agency shall review its processes for providing access to and
2-4 copies of public records and shall analyze the charges the agency
2-5 makes for the copies.
2-6 (b) A state agency shall prepare a report of its review and
2-7 analysis and shall provide a copy of the report to the commission,
2-8 the Legislative Budget Board, and the comptroller before May 1,
2-9 1994.
2-10 (c) The commission shall assist a state agency without
2-11 accounting expertise in making the review and analysis required by
2-12 this section.
2-13 SECTION 4. TEMPORARY INCREASE IN CHARGES. (a) On September
2-14 1, 1993, each state agency shall:
2-15 (1) increase by 15 percent the amount of any charge
2-16 the agency has in place for providing a copy of a public record;
2-17 and
2-18 (2) increase by 25 percent the amount of any charge
2-19 the agency has in place for providing a copy of a mailing list.
2-20 (b) An increase in the amount that an agency charges for
2-21 providing a copy imposed under Subsection (a) of this section
2-22 remains in effect only until the agency adopts the rules required
2-23 by Section 9A, Chapter 424, Acts of the 63rd Legislature, Regular
2-24 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
2-25 (c) This section does not apply to the Department of Public
2-26 Safety.
2-27 SECTION 5. CHARGES BY STATE AGENCY. Chapter 424, Acts of
3-1 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
3-2 Vernon's Texas Civil Statutes), is amended by adding Section 9A to
3-3 read as follows:
3-4 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY. (a)
3-5 The General Services Commission by rule shall specify the methods
3-6 and procedures that a state agency may use in determining the
3-7 amounts that the agency should charge to recover:
3-8 (1) the full cost to the agency of providing copies of
3-9 public records under this Act; and
3-10 (2) the market value of a copy of a mailing list
3-11 provided under this Act. The commission shall prepare and
3-12 distribute to state agencies a handbook that compiles and explains
3-13 the methods and procedures for determining the cost and market
3-14 value.
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) In providing a copy of a mailing list, a state agency
3-20 may charge a commercial user for the market value of the list. In
3-21 this subsection, "commercial user" means a purchaser of a public
3-22 record who intends to use the record for the purpose of selling,
3-23 advertising, or distributing a product or service.
3-24 (d)(1) A state agency shall pay to the comptroller for
3-25 deposit in an unobligated account designated by the comptroller in
3-26 the general revenue fund all money collected by the agency for
3-27 providing copies of public records.
4-1 (2) Of the total amount of money deposited in the
4-2 general revenue fund under Subdivision (1) of this subsection, the
4-3 comptroller may transfer 25 percent of the money collected for
4-4 providing copies of mailing lists, and 15 percent of the money
4-5 collected for providing copies of other public records, to the
4-6 general revenue fund.
4-7 (3) The comptroller shall adopt rules to administer
4-8 this subsection.
4-9 (e) This section is cumulative of Section 9 of this Act.
4-10 (f) In this section, "state agency" means a governmental
4-11 body described by Section 2(1)(A) of this Act.
4-12 SECTION 6. REPEALER. Sections 403.301 and 403.302,
4-13 Government Code, are repealed.
4-14 SECTION 7. EMERGENCY. The importance of this legislation
4-15 and the crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.