1-1  By:  Junell, Martin, McDonald                         H.B. No. 1009
    1-2       (Senate Sponsor - Haley)
    1-3        (In the Senate - Received from the House May 10, 1993;
    1-4  May 11, 1993, read first time and referred to Committee on
    1-5  Administration; May 20, 1993, reported favorably, as amended, by
    1-6  the following vote:  Yeas 5, Nays 0; May 20, 1993, sent to
    1-7  printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Haley              x                               
   1-11        Moncrief           x                               
   1-12        Ellis              x                               
   1-13        Montford                                       x   
   1-14        Shapiro            x                               
   1-15        Truan              x                               
   1-16        Turner                                         x   
   1-17  COMMITTEE AMENDMENT NO. 1                                By:  Haley
   1-18        Amend H.B. 1009 by adding an appropriately numbered section
   1-19  to read as follows:
   1-20        SECTION  .  Chapter 324, Government Code, is amended by
   1-21  adding Section 324.010 to read as follows:
   1-22        Sec. 324.010.  COPY COSTS, FORMAT.  The library has exclusive
   1-23  authority to determine the charge for copies or reproduction of
   1-24  records in the custody of the library.  The library may reproduce
   1-25  records in a format such as CD-ROM, another computer-readable
   1-26  format, or any other format determined by the library and provide
   1-27  records in that format for a charge determined by the library.
   1-28                         A BILL TO BE ENTITLED
   1-29                                AN ACT
   1-30  relating to the recovery by certain state agencies of the costs of
   1-31  providing copies of or access to public records.
   1-32        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-33        SECTION 1.  DEFINITIONS.  In Sections 2 through 4 of this
   1-34  Act:
   1-35              (1)  "State agency" has the meaning assigned by
   1-36  Sections 1.02(2)(A) and (C), State Purchasing and General Services
   1-37  Act (Article 601b, Vernon's Texas Civil Statutes).
   1-38              (2)  "Commission" means the General Services
   1-39  Commission.
   1-40              (3)  "Public records" has the meaning assigned by
   1-41  Section 2(2), Chapter 424, Acts of the 63rd Legislature, Regular
   1-42  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
   1-43        SECTION 2.  STUDY AND REPORT BY COMMISSION.  (a)  The
   1-44  commission shall conduct a study of the charges made by state
   1-45  agencies for copies of public records.
   1-46        (b)  The attorney general, comptroller, Department of Public
   1-47  Safety, Department of Information Resources, Texas Department of
   1-48  Human Services, and Texas State Board of Public Accountancy shall
   1-49  help conduct the study.
   1-50        (c)  The commission shall prepare a report of its findings
   1-51  under the study and shall provide a copy of the report to each
   1-52  state agency before December 1, 1993.
   1-53        (d)  The commission shall revise and update the report
   1-54  biennially.
   1-55        SECTION 3.  REVIEW AND REPORT BY AGENCIES.  (a)  Each state
   1-56  agency shall review its processes for providing access to and
   1-57  copies of public records and shall analyze the charges the agency
   1-58  makes for the copies.
   1-59        (b)  A state agency shall prepare a report of its review and
   1-60  analysis and shall provide a copy of the report to the commission,
   1-61  the Legislative Budget Board, and the comptroller before May 1,
   1-62  1994.
   1-63        (c)  The commission shall assist a state agency without
   1-64  accounting expertise in making the review and analysis required by
   1-65  this section.
   1-66        (d)  Before the 30th day after the date on which a regular
   1-67  session of the legislature convenes, each state agency shall issue
   1-68  a report that describes the agency's procedures for charging and
    2-1  collecting fees for copies of public records.
    2-2        SECTION 4.  TEMPORARY INCREASE IN CHARGES.  (a)  On September
    2-3  1, 1993, each state agency shall:
    2-4              (1)  increase by 15 percent the amount of any charge
    2-5  the agency has in place for providing a copy of a public record;
    2-6  and
    2-7              (2)  increase by 25 percent the amount of any charge
    2-8  the agency has in place for providing a copy of a mailing list.
    2-9        (b)  An increase in the amount that an agency charges for
   2-10  providing a copy imposed under Subsection (a) of this section
   2-11  remains in effect only until the agency adopts the rules required
   2-12  by Section 9A, Chapter 424, Acts of the 63rd Legislature, Regular
   2-13  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
   2-14        (c)  This section does not apply to information in driver's
   2-15  license records of the Department of Public Safety.
   2-16        SECTION 5.  CHARGES BY STATE AGENCY.  Chapter 424, Acts of
   2-17  the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
   2-18  Vernon's Texas Civil Statutes), is amended by adding Section 9A to
   2-19  read as follows:
   2-20        Sec. 9A.  CHARGES FOR PUBLIC RECORDS BY STATE AGENCY.
   2-21  (a)  The General Services Commission by rule shall specify the
   2-22  methods and procedures that a state agency may use in determining
   2-23  the amounts that the agency should charge to recover the full cost
   2-24  to the agency of providing copies of public records under this Act.
   2-25        (b)  Each state agency by rule shall specify the charges the
   2-26  agency will make for copies of public records.  A state agency may
   2-27  establish a charge for a copy of a public record that is equal to
   2-28  the full cost to the agency of providing the copy.
   2-29        (c)(1)  A state agency shall pay to the comptroller for
   2-30  deposit in an unobligated account designated by the comptroller in
   2-31  the general revenue fund all money collected by the agency for
   2-32  providing copies of public records.
   2-33              (2)  Of the total amount of money deposited in the
   2-34  general revenue fund under Subdivision (1) of this subsection, the
   2-35  comptroller may transfer 25 percent of the money collected for
   2-36  providing copies of mailing lists, and 15 percent of the money
   2-37  collected for providing copies of other public records, to the
   2-38  general revenue fund.
   2-39              (3)  The comptroller shall adopt rules to administer
   2-40  this subsection.
   2-41        (d)  This section is cumulative of Section 9 of this Act.
   2-42        (e)  In this section, "state agency" has the meaning assigned
   2-43  by Sections 1.02(2)(A) and (C), State Purchasing and General
   2-44  Services Act (Article 601b, Vernon's Texas Civil Statutes).
   2-45        SECTION 6.  Section 405.031(c), Government Code, is amended
   2-46  to read as follows:
   2-47        (c)  The secretary of state may charge a commercial user a
   2-48  fee not to exceed $3 for providing the commercial user with access
   2-49  to public information and may charge for a purchase <purchases> of
   2-50  public information by a commercial user <users> an additional
   2-51  amount, established by the secretary of state, based on employees'
   2-52  time in providing the information.  For the purposes of this
   2-53  subsection "commercial user" means a user or purchaser of
   2-54  microfilm, microfiche, computer tapes, or computer printouts for
   2-55  the purpose of selling, advertising, or distributing a commodity or
   2-56  rendering professional or personal services.
   2-57        SECTION 7.  REPEALER.  Sections 403.301 and 403.302,
   2-58  Government Code, are repealed.
   2-59        SECTION 8.  EMERGENCY.  The importance of this legislation
   2-60  and the crowded condition of the calendars in both houses create an
   2-61  emergency and an imperative public necessity that the
   2-62  constitutional rule requiring bills to be read on three several
   2-63  days in each house be suspended, and this rule is hereby suspended,
   2-64  and that this Act take effect and be in force from and after its
   2-65  passage, and it is so enacted.
   2-66                               * * * * *
   2-67                                                         Austin,
   2-68  Texas
   2-69                                                         May 20, 1993
   2-70  Hon. Bob Bullock
    3-1  President of the Senate
    3-2  Sir:
    3-3  We, your Committee on Administration to which was referred H.B. No.
    3-4  1009, have had the same under consideration, and I am instructed to
    3-5  report it back to the Senate with the recommendation that it do
    3-6  pass, as amended, and be printed.
    3-7                                                         Haley,
    3-8  Chairman
    3-9                               * * * * *
   3-10                               WITNESSES
   3-11  No witnesses appeared on H.B. No. 1009.