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.