BILL ANALYSIS


                                                        H.B. 1718
                                       By: Turner, S. (Wentworth)
                                                    State Affairs
                                                         05-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Open Records Act was first enacted in 1973 to provide the
broadest possible access to public information maintained or
generated by governmental bodies in the State of Texas.  At the
time of its enactment, relatively few records existed in electronic
format.  Twenty-two years later, information has shifted from a
world of paper records to one dominated by electronic technology. 

Several state agencies and members of open government groups over
the past year have been engaged in making proposals to update the
Open Records Act, including the General Services Commission, and an
interim study by the House State Affairs Committee.

PURPOSE

As proposed, H.B. 1718 revises the open records law by expanding
the law to include access to, copies of, and inspection of public
information, rather than just records.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the General Services Commission in SECTION 13 (Section
552.262(a), Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the chapter heading to Chapter 552, Government
Code, as follows:

                 CHAPTER 552.  PUBLIC INFORMATION

SECTION 2. Amends Sections 552.002-552.004, 552.006, 552.007, and
552.021, Government Code, as follows:

     Sec. 552.002.  New heading:  DEFINITION OF PUBLIC INFORMATION;
     MEDIA CONTAINING PUBLIC INFORMATION.  (a) Defines "public
     information"
     
     (b) Sets forth the media on which public information is
       recorded.
       
       (c) Sets forth the general forms in which the media
       containing public information exist.  Deletes the definition
       of "public record."
     Sec. 552.003.  New heading:  DEFINITIONS.  Redefines
     "governmental body" and "public funds."  Defines
     "manipulation," "processing," "programming," and "requestor."
     
     Sec. 552.004.  New heading:  PRESERVATION OF INFORMATION. 
     Authorizes a governmental body (body), or, for information,
     rather than records, of an elective county office, the county
     officer, to determine a time for which information that is not
     currently in use will be preserved.  Makes conforming changes.
     
     Sec. 552.006.  New heading:  EFFECT OF CHAPTER ON WITHHOLDING
     PUBLIC INFORMATION.  Makes conforming changes.
     
     Sec. 552.007.  New heading:  VOLUNTARY DISCLOSURE OF CERTAIN
     INFORMATION WHEN DISCLOSURE NOT REQUIRED.  Makes conforming
     changes.
     
     Sec. 552.021.  New heading:  AVAILABILITY OF PUBLIC
     INFORMATION.  Deletes existing Subsection (a) setting forth
     information considered public information.  Makes conforming
     and nonsubstantive changes.
SECTION 3. Amends Section 552.022, Government Code, to set forth
the information, without limiting the amount or kind of information
that is public under this chapter, which is considered public.

SECTION 4. Amends Section 552.023(a), Government Code, to make
conforming changes.

SECTION 5. Amends Sections 552.103, 552.107, and 552.108,
Government Code, as follows:

     Sec. 552.103.  EXCEPTION: LITIGATION OR SETTLEMENT
     NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. 
     (a)  Sets forth the conditions in which information is
     excepted from the requirements of Section 552.021 if the
     attorney general or the attorney of the political subdivision
     has determined that the information should be withheld from
     public inspection.
     
     Sec. 552.107.  EXCEPTION: CERTAIN LEGAL MATTERS.  Sets forth
     the information excepted from the requirements of Section
     552.021 under certain circumstances. 
     
     Sec. 552.108.  New heading:  EXCEPTION:  CERTAIN LAW
     ENFORCEMENT AND PROSECUTORIAL INFORMATION.  Makes a conforming
     change.
     
SECTION 6. Amends Section 552.122, Government Code, to conform to
Section 8.30, Chapter 347, 73rd Legislature, 1993, as follows:

     Sec. 552.122.  New heading:  EXCEPTION:  TEST ITEMS.  Provides
     that a test item, rather than a test item or a curriculum
     objective, developed by an educational institution that is
     funded wholly or in part by state revenue is excepted from the
     requirements of Section 552.021.
SECTION 7. Amends Chapter 552C, Government Code, to conform to
Section 1, Chapter 98, 73rd Legislature, 1993, by adding Section
552.124, as follows:

     Sec. 552.124.  EXCEPTION:  RECORDS OF LIBRARY OR LIBRARY
     SYSTEM.  (a) Provides that a library record or system,
     supported by public funds, that identifies a person who
     requested a library material or service is excepted from the
     requirements of Section 552.021, unless the record is
     disclosed for certain reasons.
     
     (b) Provides that a library record or system that is
       excepted from required disclosure is confidential.
SECTION 8. Amends Chapter 552B, Government Code, by adding Section
552.027, as follows:

     Sec. 522.027.  EXCEPTION:  INFORMATION AVAILABLE COMMERCIALLY;
     RESOURCE MATERIAL.  (a) Provides that a body is not required
     to allow the inspection of or to provide a copy of information
     in a commercial publication purchased or acquired by the body
     for research purposes if the publication is commercially
     available to the public.
     
     (b) Provides that a body is not required to make a copy of
       information that may be made available as a public resource
       material in response to a request.
       
       (c) Requires a body to allow the inspection of or provide a
       copy of information in a publication that is part of or
       referred to in a rule or policy of a body.
SECTION 9. Amends the heading to Chapter 552D, Government Code, as
follows:

          SUBCHAPTER D.  OFFICER FOR PUBLIC INFORMATION

SECTION 10.    Amends Chapter 552D, Government Code, by amending
Sections 552.201-552.203 and by adding Section 552.204, as follows:

     Sec. 552.201.  New heading:  IDENTITY OF OFFICER FOR PUBLIC
     INFORMATION.  Makes conforming changes.
     
     Secs. 552.202-552.203.  Make conforming changes.
     
     Sec. 552.204.  SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
     INFORMATION.  Provides that an officer of public information
     (officer) is responsible for the release of public information
     as required by this chapter.  Provides that the officer is not
     responsible for the use made of the information or the release
     of information after it is removed from a record as a result
     of an update, a correction, or a change of status of the
     person to whom the information pertains.
SECTION 11.    Amends Chapter 552E, Government Code, by amending
Sections 552.221-552.228 and 552.230 and by adding Section 552.231,
as follows:

     Sec. 552.221.  New heading: APPLICATION FOR PUBLIC
     INFORMATION; PRODUCTION OF PUBLIC INFORMATION.  Requires the
     officer to certify in writing to the requestor and set a date
     and hour within a reasonable time when the information will be
     available for inspection or duplication if an officer for
     public information cannot produce public information for
     inspection or duplication within 10 calendar days after the
     date the information is requested under Subsection (a).  Makes
     conforming changes.
     
     Sec. 552.222.  New heading:  PERMISSIBLE INQUIRY BY
     GOVERNMENTAL BODY TO REQUESTOR.  Authorizes the body to ask
     the requestor to clarify the request.  Authorizes the body to
     discuss with the requestor how the scope of a request might be
     narrowed if the request is large, but prohibits the body from
     inquiring into the purpose for which the information will be
     used.  Makes conforming changes.
     
     Secs. 552.223-552.227.  Make conforming changes.
     
     Sec. 552.228.  New heading:  PROVIDING SUITABLE COPY OF PUBLIC
     INFORMATION WITHIN REASONABLE TIME.  Authorizes the requestor
     to request a copy of information either on paper or in an
     electronic medium if the information exists in both forms. 
     Requires the body to provide a copy in the requested medium
     under certain circumstances.  Requires the body to provide a
     paper copy of the requested information, or a copy in another
     acceptable medium, if the body is unable to comply with a
     request for a certain medium.  Provides that a body is not
     required to copy information onto material provided by the
     requestor but may use its own supplies.
     
     Sec. 552.230.  New heading:  RULES OF PROCEDURE FOR INSPECTION
     OF PUBLIC INFORMATION.  Makes conforming changes.
     
     Sec. 552.231.  RESPONDING TO REQUESTS FOR INFORMATION THAT
     REQUIRE PROGRAMMING OR MANIPULATION OF DATA.  (a) Requires a
     body to provide to a requestor the statement described by
     Subsection (b) if the body determines that certain
     circumstances exist.
     
     (b) Sets forth requirements for the statement.
       
       (c) Requires the body to provide the statement to the
       requestor within 20 days after the body's receipt of the
       request.  Provides that the body has an additional 10 days
       to provide the statement if the body gives written notice to
       the requestor, within 20 days of receiving the request, that
       the additional time is needed.
       
       (d) Provides that the body does not have any further
       obligation to provide the information after providing the
       notice until the requestor states certain information in
       writing to the body.
       
       (e) Requires the officer to establish policies that assure
       the expeditious processing of requests that require
       programming or manipulation of data.  Requires the body to
       maintain a file containing all statements issued under this
       section.
SECTION 12.    Amends Section 552.261, Government Code, to prohibit
the charge for paper reproduction from including costs of
materials, labor, or overhead, but to be limited to photocopying
costs unless the pages to be copied are located in more than one
building or a remote storage facility.  Deletes a provision
requiring the General Services Commission (commission) to determine
reproduction costs.  Makes conforming changes.

SECTION 13.    Amends Chapter 552F, Government Code, by amending
Sections 552.262-552.264 and 552.266-552.269 and by adding Sections
552.270-552.273, as follows:

     Sec. 552.262.  New heading:  RULES OF THE GENERAL SERVICES
     COMMISSION.  (a) Requires the commission to adopt rules for
     use by each body in determining charges.  Requires the rules
     adopted by the commission to be used by the body in
     determining charges for copies of public information, with an
     exception.  Prohibits the charges from exceeding the actual
     cost of producing the information.  Authorizes a governmental
     body, other than an agency of state government, to determine
     its own charges for producing public information but shall not
     charge more than a 50 percent variance from the rules
     established by the commission unless the governmental body
     requests an exemption under Subsection (c).
     
     (b) Requires the commission to conduct a study to determine
       reasonable charges for producing information prior to the
       implementation of rules regarding charges under this
       subchapter.  Requires the study to be completed not later
       than September 30, 1996, with full participation of parties,
       including representatives of county and municipal government
       and other interested parties.  Requires the rules of the
       commission to prescribe the methods for computing the
       charges for copies of information and to establish the costs
       for various components of charges for information that shall
       be used by each body.
       
       (c) Authorizes a body to request that it be exempt from the
       rules adopted by the commission for determining charges. 
       Requires the request to be made in writing to the commission
       and to state the reason for the exemption.  Requires the
       commission to give notice for determining that good cause
       exists for exempting a body.  Authorizes the body to amend
       its charges for public information according to the
       commission's determination.
       
       (d) Requires the commission to publish annually in the Texas
       Register a list of the bodies that have authorization to
       adopt any modified rules for determining the cost of public
       information.  Deletes provisions setting forth requirements
       for setting charges.
     Sec. 552.263.  New heading:  BOND FOR PAYMENT OF COSTS OR CASH
     PREPAYMENT FOR PREPARATION OF PUBLIC INFORMATION.  Authorizes
     an officer or an agent to require a deposit for payment of
     costs for preparation of public information if the charge for
     the copy is estimated by the body to exceed $100.  Makes
     conforming changes.
     
     Sec. 552.264.  New heading:  COPY OF PUBLIC INFORMATION
     REQUESTED BY MEMBER OF LEGISLATURE.  Makes a conforming
     change.
     
     Sec. 552.266.  New heading:  COPY OF PUBLIC INFORMATION
     PROVIDED BY MUNICIPAL COURT CLERK.  Makes no changes.
     
     Sec. 552.267.  New heading:  WAIVER OR REDUCTION OF FEE FOR
     COPY OF PUBLIC INFORMATION.  Authorizes the body to waive the
     charge for a copy of public information if the cost of
     processing the collection exceeds the charge.
     
     Sec. 552.268.  New heading:  EFFICIENT USE OF PUBLIC
     RESOURCES.  Requires a body to make reasonably efficient use
     of supplies and other resources, rather than of each page of
     a public record. 
     
     Sec. 552.269.  New heading:  OVERCHARGE OR OVERPAYMENT FOR
     PUBLIC INFORMATION.  Authorizes a person who believes the
     person has been overcharged for information to complain to the
     commission of the overcharge.  Requires the commission to
     review the complaint and make a determination as to the
     appropriate charge.  Requires the body to respond to the
     commission to any questions asked by the commission regarding
     the charges.  Requires the response to be made to the
     commission within a certain time period.  Requires the body to
     adjust its charges in accordance with the commission's
     determination.  Makes conforming changes.
     
     Sec. 552.270.  COST OF GOVERNMENT PUBLICATION.  (a) Provides
     that the cost provisions of this subchapter do not apply to a
     publication that is produced by or for a body for public
     dissemination.  Authorizes a body to determine the charge to
     be made for the publication if the cost is not determined by
     state law.
     
     (b) Provides that this section does not prohibit a body from
       providing a publication free of charge if state law does not
       require that a charge be made.
     Sec. 552.271.  INSPECTION OF PAPER RECORD IF COPY NOT
     REQUESTED.  Prohibits a charge from being imposed for making
     available for inspection any public information that exists in
     a paper record, with an exception.
     
     Sec. 552.272.  INSPECTION OF ELECTRONIC RECORD IF COPY NOT
     REQUESTED.  (a) Prohibits a charge from being imposed for
     access to information in an electronic medium that is not
     available directly on-line to the requestor, with an
     exception.  Requires a charge to be assessed in accordance
     with this subchapter.
     
     (b) Authorizes the electronic form of information on a
       computer owned or leased by a body (government computer) to
       be electronically copied without charge if the public has
       direct access to that computer and if accessing the
       information does not require processing, programming, or
       manipulation before the information is copied.
       
       (c) Authorizes a body to impose charges if information
       exists in an electronic form on a government computer and if
       the public has direct access to that computer and the
       information requires processing, programming, or
       manipulation before it can be copied.
       
       (d) Provides that a body is encouraged to explore options to
       separate out confidential information and to make public
       information available to the public through electronic
       access if information is created or kept in an electronic
       form.
       
            Sec. 552.273.  INTERIM CHARGES FOR GEOGRAPHIC INFORMATION
     SYSTEMS DATA.  (a)  Authorizes a municipality that does not
     collect records preservation funds to provide access to
     geographic information systems (GIS) data at low cost or no
     cost to requesters.  Authorizes a means by which the
     municipality may provide access to the information at low or
     no cost to include public access terminals, dial-up services,
     or any similar type of access.
     
     (b)  Authorizes the municipality to set charges for
       providing copies of the GIS database if a municipality
       provides access as provided by Subsection (a).  Authorizes
       the factors considered in setting the charges to include
       data collection costs, system operation costs, and an
       estimation of the value of the information on the commercial
       market.
       
       (c)  Requires the commission to conduct a study to determine
       reasonable charges for GIS data.   Sets forth the date by
       which the study must be completed and the parties who must
       participate.
       
       (d)  Provides that this section expires August 31, 1997.
SECTION 14.    Amends Section 552.301, Government Code, to make
conforming changes.

SECTION 15.    Amends Section 552.303, Government Code, as follows:

     Sec. 552.303.  New heading: DELIVERY OF REQUEST INFORMATION TO
     ATTORNEY GENERAL; DISCLOSURE OF REQUESTED INFORMATION;
     ATTORNEY GENERAL REQUEST FOR SUBMISSION OF ADDITIONAL
     INFORMATION.  (a)  Makes conforming and nonsubstantive
     changes.
     
     (b) Authorizes the attorney general to determine whether a
       governmental body's submission of information is sufficient
       to render a decision.
       
       (c) Requires the attorney general to give written notice of
       the fact to the governmental body and the requestor if the
       governmental body failed to supply to the attorney general
       all of the specific information that is necessary to render
       a decision.
       
       (d)  Requires a governmental body notified under Subsection
       (c) to submit the necessary additional information to the
       attorney general not later than the seventh calendar day
       after the date the notice is received.
       
       (e)  Provides that if a governmental body does not comply
       with Subsection (d), the information that is the subject of
       a person's request to the governmental body and regarding
       which the governmental body fails to comply with Subsection
       (d) is presumed to be public information.
SECTION 16.    Amends Section 552.304, Government Code, to
authorize a person, rather than a member of the public, to submit
written comments stating reasons why the information at issue in a
request for an attorney general decision should or should not be
released.

SECTION 17.    Amends Section 552.305(a), Government Code, to
authorize a body in a case in which information is requested and a
person's, rather than a third party's, interests may be involved,
to decline to release the information for the purpose of requesting
an attorney general decision.

SECTION 18.    Amends Section 552.306(a), Government Code, to
require the attorney general to render the decision not later than
the 60th working day after the date the attorney general received
the request for a decision.  Authorizes the attorney general to
extend the period for issuing the decision by an additional 20
working days by informing the governmental body and the requestor,
during the original 60-day period, of the reason for the delay. 
Makes conforming changes.

SECTION 19.    Amends Chapter 552G, Government Code, by adding
Section 552.308, as follows:

     Sec. 552.308.  TIMELINESS OF ACTION BY MAIL.  Sets forth the
     provisions of a request, notice, or other document to be
     submitted or otherwise given to a person within a specified
     period.
SECTION 20.    Amends Chapter 552H, Government Code, by amending
Section 552.321 and by adding Sections 552.324 and 552.325, as
follows:

     Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS.  (a) Authorizes a
     requestor to also file suit in accordance with Subsections
     (b), (e), and (f) for a writ of mandamus compelling a
     governmental body to make information available for public
     inspection or duplication under a special right of access. 
     Makes a conforming and a nonsubstantive change.
     
     (b) Authorizes a requestor or the attorney general to file
       suit under Subsection (a) if the governmental body has not
       produced the information for inspection or duplication
       within a certain period.
       
       (c) Authorizes a requestor to file suit under Subsection (a)
       if the governmental body has not produced the information
       for inspection or duplication within a certain period.
       
       (d) Requires a person who files suit under circumstances
       described by Subsection (c)(1) to also file in the same
       action for a writ of mandamus compelling the attorney
       general to render a decision.
       
       (e) Provides that the district courts have original
       jurisdiction in a suit filed under this section.
       
       (f) Sets forth the venue for a suit filed under this
       section.
     Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  Authorizes a body
     or an officer to file only a suit seeking to withhold
     information from a requestor that meets certain requirements.
     
     Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD
     INFORMATION.  (a) Prohibits a body, officer, or other person
     or entity that files a suit seeking to withhold information
     from a requestor from filing suit seeking to withhold
     information against the person requesting information. 
     Entitles the requestor to intervene.
     
     (b) Requires the body, officer, or other person or entity
       that files the suit to demonstrate to the court that the
       body, officer, person, or entity made an effort to inform
       the requestor of certain information.
       
       (c) Requires the attorney general to notify the requestor if
       the attorney general agrees that the information that is the
       subject of the suit should be withheld and decides not to
       contest withholding the information and, if the requestor
       has not intervened, of the requestor's right to contest the
       withholding.  Sets forth requirements for the attorney
       general's notice to the requestor.
       
       (d) Requires the court to allow the requestor a period to
       intervene after the attorney general attempts to give
       notice.
SECTION 21.    Amends Sections 552.351 and 552.353, Government
Code, as follows:

     Sec. 552.351.  New heading:  DESTRUCTION, REMOVAL, OR
     ALTERNATION OF PUBLIC INFORMATION.  Makes a conforming change.
     
     Sec. 552.353.  New heading:  FAILURE OR REFUSAL OF OFFICER FOR
     PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC
     INFORMATION.  Makes conforming changes.
     
SECTION 22.    (a) Makes application of this Act prospective
beginning September 1, 1995.

     (b) Makes application of Sections 552.324 and 552.325,
     Government Code, as added by this Act, prospective.
     
     (c) Makes application of Section 552.306, Government Code, as
     amended by this Act, prospective beginning January 1, 1996.
     
     (d)  Makes application of Sections 552.321(c)(1) and (d),
     Government Code, as added by this Act, prospective beginning
     January 1, 1996.
SECTION 23.    Prohibits the attorney general from using additional
general revenue to pay for implementing the changes in law made to
Section 552.306, Government Code, by this Act or adding additional
employees to comply with the changes in law made to Section
552.306, Government Code, by this Act.

SECTION 24. (1) Repealer:  Section 1, Chapter 98, Acts of the 73rd
Legislature, 1993 (relating to making confidential a record
identifying a library user).

     (2)  Repealer Section 8.30, Chapter 347, Acts of the 73rd
     Legislature, 1993 (relating to government information as
     public information).
SECTION 25.    (a) Effective date: September 1, 1995.

     (b)   Effective date of Sections 552.306 and
     552.321(c)(1) and (d), Government Code: January 1, 1996.
     
SECTION 26.    Emergency clause.