74R10671 MRB-F
By Turner of Harris H.B. No. 1718
Substitute the following for H.B. No. 1718:
By Turner of Harris C.S.H.B. No. 1718
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the revision of the open records law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The chapter heading to Chapter 552, Government
1-5 Code, is amended to read as follows:
1-6 CHAPTER 552. PUBLIC INFORMATION <OPEN RECORDS>
1-7 SECTION 2. Sections 552.002, 552.003, 552.004, 552.006,
1-8 552.007, and 552.021, Government Code, are amended to read as
1-9 follows:
1-10 Sec. 552.002. Definition of Public Information; Media
1-11 Containing Public Information <Record>. (a) In this chapter,
1-12 "public information" means information that is collected,
1-13 assembled, or maintained under a law or ordinance or in connection
1-14 with the transaction of official business:
1-15 (1) by a governmental body; or
1-16 (2) for a governmental body and the governmental body
1-17 owns the information or has a right of access to it.
1-18 (b) The media on which public information is recorded
1-19 include:
1-20 (1) paper;
1-21 (2) film;
1-22 (3) a magnetic, optical, or solid state device that
1-23 can store an electronic signal;
1-24 (4) tape;
2-1 (5) Mylar;
2-2 (6) linen;
2-3 (7) silk; and
2-4 (8) vellum.
2-5 (c) The general forms in which the media containing public
2-6 information exist include a book, paper, letter, document,
2-7 printout, photograph, film, tape, microfiche, microfilm, photostat,
2-8 sound recording, map, and drawing and a voice, data, or video
2-9 representation held in computer memory. <"Public record" means the
2-10 portion of a document, writing, letter, memorandum or other
2-11 written, printed, typed, copied, or developed material that
2-12 contains public information.>
2-13 Sec. 552.003. DEFINITIONS <DEFINITION OF GOVERNMENTAL BODY>.
2-14 <(a)> In this chapter:
2-15 (1) "Governmental<, "governmental> body":
2-16 (A) means:
2-17 (i) <(1)> a board, commission, department,
2-18 committee, institution, agency, or office that is within or is
2-19 created by the executive or legislative branch of state government
2-20 and that is directed by one or more elected or appointed members;
2-21 (ii) <(2)> a county commissioners court in
2-22 the state;
2-23 (iii) <(3)> a municipal governing body in
2-24 the state;
2-25 (iv) <(4)> a deliberative body that has
2-26 rulemaking or quasi-judicial power and that is classified as a
2-27 department, agency, or political subdivision of a county or
3-1 municipality;
3-2 (v) <(5)> a school district board of
3-3 trustees;
3-4 (vi) <(6)> a county board of school
3-5 trustees;
3-6 (vii) <(7)> a county board of education;
3-7 (viii) <(8)> the governing board of a
3-8 special district;
3-9 (ix) <(9)> the governing body of a
3-10 nonprofit corporation organized under Chapter 76, Acts of the 43rd
3-11 Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-12 Texas Civil Statutes), that provides a water supply or wastewater
3-13 service, or both, and is exempt from ad valorem taxation under
3-14 Section 11.30, Tax Code; and
3-15 (x) <(10)> the part, section, or portion
3-16 of an organization, corporation, commission, committee,
3-17 institution, or agency that spends or that is supported in whole or
3-18 in part by public funds; and
3-19 (B)<. (b) In this chapter, "governmental body">
3-20 does not include the judiciary.
3-21 (2) "Manipulation" means the process of modifying,
3-22 reordering, or decoding of information with human intervention.
3-23 (3) "Processing" means the execution of a sequence of
3-24 coded instructions by a computer producing a result.
3-25 (4) "Programming" means the process of producing a
3-26 sequence of coded instructions that can be executed by a computer.
3-27 (5) "Public <(c) In this section, "public> funds"
4-1 means funds of the state or of a governmental subdivision of the
4-2 state.
4-3 (6) "Requestor" means a person who submits a request
4-4 to a governmental body for inspection or copies of public
4-5 information.
4-6 Sec. 552.004. Preservation of Information <Records>. A
4-7 governmental body or, for information <records> of an elective
4-8 county office, the elected county officer, may determine a time for
4-9 which information <records> that is <are> not currently in use will
4-10 be preserved, subject to any applicable rule or law <state laws>
4-11 governing the destruction and other disposition of state and local
4-12 government records or public information.
4-13 Sec. 552.006. Effect of Chapter on Withholding Public
4-14 Information. This chapter does not authorize the withholding of
4-15 public information or limit the availability of public information
4-16 <records> to the public, except as expressly provided by this
4-17 chapter.
4-18 Sec. 552.007. Voluntary Disclosure of Certain Information
4-19 <Records> When Disclosure not Required. (a) This chapter does not
4-20 prohibit a governmental body or its officer for public information
4-21 <records> from voluntarily making part or all of its information
4-22 <records> available to the public, unless the disclosure is
4-23 expressly prohibited by law or the information is <records are>
4-24 confidential under law.
4-25 (b) Public information <Records> made available under
4-26 Subsection (a) must be made available to any person.
4-27 Sec. 552.021. Availability of Public Information. <(a)
5-1 Information is public information if, under a law or ordinance or
5-2 in connection with the transaction of official business, it is
5-3 collected, assembled, or maintained:>
5-4 <(1) by a governmental body; or>
5-5 <(2) for a governmental body and the governmental body
5-6 owns the information or has a right of access to it.>
5-7 <(b)> Public information is available to the public at a
5-8 minimum during the normal business hours of the governmental body.
5-9 SECTION 3. Section 552.023(a), Government Code, is amended
5-10 to read as follows:
5-11 (a) A person or a person's authorized representative has a
5-12 special right of access, beyond the right of the general public, to
5-13 information <records and copies of records> held by a governmental
5-14 body that relates <contain information relating> to the person and
5-15 that is protected from public disclosure by laws intended to
5-16 protect that person's privacy interests.
5-17 SECTION 4. Sections 552.103 and 552.108, Government Code,
5-18 are amended to read as follows:
5-19 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
5-20 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
5-21 Information is excepted from the requirements of Section 552.021 if
5-22 the attorney general or the attorney of the political subdivision
5-23 has determined that the information should be withheld from public
5-24 inspection, and it is information created:
5-25 (1) in anticipation of <relating to> litigation of a
5-26 civil or criminal nature <or settlement negotiations,> to which the
5-27 state or a political subdivision is or may be a party or to which
6-1 an officer or employee of the state or a political subdivision, as
6-2 a consequence of the person's office or employment, is or may be a
6-3 party; or <and>
6-4 (2) for the purpose of settlement negotiations to
6-5 which the state or a political subdivision is a party or to which
6-6 an officer or employee of the state or a political subdivision, as
6-7 a consequence of the person's office or employment, is a party
6-8 <that the attorney general or the attorney of the political
6-9 subdivision has determined should be withheld from public
6-10 inspection>.
6-11 (b) A determination by the attorney of the political
6-12 subdivision that the information should be withheld from public
6-13 inspection does not relieve the political subdivision of its
6-14 obligation to seek an attorney general decision under Section
6-15 552.301.
6-16 (c) For purposes of this section, the state or a political
6-17 subdivision is considered to be a party to litigation of a criminal
6-18 nature until the applicable statute of limitations has expired or
6-19 until the defendant has exhausted all appellate and postconviction
6-20 remedies in state and federal court.
6-21 (d) Subsection (a)(1) does not apply if:
6-22 (1) the litigation for which the information was
6-23 created has concluded, unless the information is the work product
6-24 of an attorney; or
6-25 (2) all parties to the litigation have seen or had
6-26 access to the information.
6-27 (e) Information under this section includes the work product
7-1 of an attorney. Protection for the work product of an attorney
7-2 does not terminate on the conclusion of the litigation for which it
7-3 was created.
7-4 (f) In this section, "work product of an attorney" means the
7-5 mental processes, conclusions, and legal theories of an attorney
7-6 created in anticipation of litigation.
7-7 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
7-8 PROSECUTORIAL INFORMATION <RECORDS>. (a) Information held by <A
7-9 record of> a law enforcement agency or prosecutor that deals with
7-10 the detection, investigation, or prosecution of crime is excepted
7-11 from the requirements of Section 552.021.
7-12 (b) An internal record or notation of a law enforcement
7-13 agency or prosecutor that is maintained for internal use in matters
7-14 relating to law enforcement or prosecution is excepted from the
7-15 requirements of Section 552.021.
7-16 SECTION 5. Section 552.122, Government Code, is amended to
7-17 conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
7-18 Regular Session, 1993, to read as follows:
7-19 Sec. 552.122. EXCEPTION: <CURRICULUM OBJECTIVES AND> TEST
7-20 ITEMS. (a) A <curriculum objective or> test item developed by an
7-21 educational institution that is funded wholly or in part by state
7-22 revenue is excepted from the requirements of Section 552.021.
7-23 (b) A test item developed by a licensing agency or
7-24 governmental body is excepted from the requirements of Section
7-25 552.021.
7-26 SECTION 6. Subchapter C, Chapter 552, Government Code, is
7-27 amended to conform to Section 1, Chapter 98, Acts of the 73rd
8-1 Legislature, Regular Session, 1993, by adding Section 552.124 to
8-2 read as follows:
8-3 Sec. 552.124. EXCEPTION: RECORDS OF LIBRARY OR LIBRARY
8-4 SYSTEM. (a) A record of a library or library system, supported in
8-5 whole or in part by public funds, that identifies or serves to
8-6 identify a person who requested, obtained, or used a library
8-7 material or service is excepted from the requirements of Section
8-8 552.021 unless the record is disclosed:
8-9 (1) because the library or library system determines
8-10 that disclosure is reasonably necessary for the operation of the
8-11 library or library system and the record is not confidential under
8-12 other state or federal law;
8-13 (2) under Section 552.023; or
8-14 (3) to a law enforcement agency or a prosecutor under
8-15 a court order or subpoena obtained after a showing to a district
8-16 court that:
8-17 (A) disclosure of the record is necessary to
8-18 protect the public safety; or
8-19 (B) the record is evidence of an offense or
8-20 constitutes evidence that a particular person committed an offense.
8-21 (b) A record of a library or library system that is excepted
8-22 from required disclosure under this section is confidential.
8-23 SECTION 7. Subchapter C, Chapter 552, Government Code, is
8-24 amended by adding Section 552.125 to read as follows:
8-25 Sec. 552.125. EXCEPTION: INFORMATION AVAILABLE
8-26 COMMERCIALLY; RESOURCE MATERIAL. (a) A governmental body is not
8-27 required under this chapter to allow the inspection of or to
9-1 provide a copy of information in a commercial book or publication
9-2 purchased or acquired by the governmental body for research
9-3 purposes if the book or publication is commercially available to
9-4 the public.
9-5 (b) Although information in a book or publication may be
9-6 made available to the public as a resource material, such as a
9-7 library book, a governmental body is not required to make a copy of
9-8 the information in response to a request for public information.
9-9 (c) A governmental body shall allow the inspection of
9-10 information in a book or publication that is made part of,
9-11 incorporated into, or referred to in a rule or policy of a
9-12 governmental body.
9-13 SECTION 8. The subchapter heading to Subchapter D, Chapter
9-14 552, Government Code, is amended to read as follows:
9-15 SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION <RECORDS>
9-16 SECTION 9. Subchapter D, Chapter 552, Government Code, is
9-17 amended by amending Sections 552.201, 552.202, and 552.203 and by
9-18 adding Section 552.204 to read as follows:
9-19 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC INFORMATION
9-20 <RECORDS>. (a) The chief administrative officer of a governmental
9-21 body is the officer for public information <records>, except as
9-22 provided by Subsection (b).
9-23 (b) Each elected county officer is the officer for public
9-24 information <records> and the custodian, as defined by Section
9-25 201.003, Local Government Code, of the information <records>
9-26 created or received by that county officer's office.
9-27 Sec. 552.202. Department Heads. Each department head is an
10-1 agent of the officer for public information <records> for the
10-2 purposes of complying with this chapter.
10-3 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
10-4 INFORMATION <RECORDS>. Each officer for public information
10-5 <records>, subject to penalties provided in this chapter, shall:
10-6 (1) make public information <records> available for
10-7 public inspection and copying;
10-8 (2) carefully protect public information <records>
10-9 from deterioration, alteration, mutilation, loss, or unlawful
10-10 removal; and
10-11 (3) repair, renovate, or rebind public information
10-12 <records> as necessary to maintain it <them> properly.
10-13 Sec. 552.204. SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
10-14 INFORMATION. An officer for public information is responsible for
10-15 the release of public information as required by this chapter. The
10-16 officer is not responsible for:
10-17 (1) the use made of the information by the requestor;
10-18 or
10-19 (2) the release of information after it is removed
10-20 from a record as a result of an update, a correction, or a change
10-21 of status of the person to whom the information pertains.
10-22 SECTION 10. Subchapter E, Chapter 552, Government Code, is
10-23 amended by amending Sections 552.221, 552.222, 552.223, 552.224,
10-24 552.225, 552.226, 552.227, 552.228, and 552.230 and by adding
10-25 Section 552.231 to read as follows:
10-26 Sec. 552.221. Application for Public Information. (a) An
10-27 officer for public information <records> of a governmental body
11-1 shall promptly produce public information for inspection,
11-2 duplication, or both, in the offices of the governmental body on
11-3 application by any person to the officer.
11-4 (b) If the requested information is unavailable at the time
11-5 of the request to examine because it is in active use or in
11-6 storage, the officer for public information <records> shall certify
11-7 this fact in writing to the requestor <applicant> and set a date
11-8 and hour within a reasonable time when the information <record>
11-9 will be available for inspection or duplication.
11-10 Sec. 552.222. PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO
11-11 REQUESTOR <OF PERSON APPLYING FOR INSPECTION OF RECORDS>. (a) The
11-12 officer for public information <records> and the officer's agent
11-13 may not make an inquiry of a requestor <person who applies for
11-14 inspection or copying of a public record> except to establish
11-15 proper identification or except as provided by Subsection (b).
11-16 (b) If what information is requested is unclear to the
11-17 governmental body, the governmental body may ask the requestor to
11-18 clarify the request. If a large amount of information has been
11-19 requested, the governmental body may discuss with the requestor how
11-20 the scope of a request might be narrowed, but the governmental body
11-21 may not inquire into the purpose for which information will be used
11-22 <and the public records requested>.
11-23 Sec. 552.223. Uniform Treatment of Requests for Information.
11-24 The officer for public information <records> or the officer's agent
11-25 shall treat all requests for information uniformly without regard
11-26 to the position or occupation of the requestor <person making the
11-27 request>, the person on whose behalf the request is made, or the
12-1 status of the individual as a member of the media.
12-2 Sec. 552.224. Comfort and Facility. The officer for public
12-3 information <records> or the officer's agent shall give to a
12-4 requestor <person requesting public records> all reasonable comfort
12-5 and facility for the full exercise of the right granted by this
12-6 chapter.
12-7 Sec. 552.225. Time for Examination. (a) A requestor
12-8 <person requesting public information> must complete the
12-9 examination of the information not later than the 10th day after
12-10 the date the custodian of the information makes it available to the
12-11 person.
12-12 (b) The officer for public information <records> shall
12-13 extend the initial examination period by an additional 10 days if,
12-14 within the initial period, the requestor <person requesting the
12-15 information> files with the officer for public information
12-16 <records> a written request for additional time. The officer for
12-17 public information <records> shall extend an additional examination
12-18 period by another 10 days if, within the additional period, the
12-19 requestor <person requesting the information> files with the
12-20 officer for public information <records> a written request for more
12-21 additional time.
12-22 (c) The time during which a person may examine information
12-23 may be interrupted by the officer for public information <records>
12-24 if the information is needed for use by the governmental body. The
12-25 period of interruption is not considered to be a part of the time
12-26 during which the person may examine the information.
12-27 Sec. 552.226. Removal of Original Record. This chapter does
13-1 not authorize a requestor <person> to remove an original copy of a
13-2 public record from the office of a governmental body.
13-3 Sec. 552.227. Research of State Library Holdings Not
13-4 Required. An officer for public information <records> or the
13-5 officer's agent is not required to perform general research within
13-6 the reference and research archives and holdings of state
13-7 libraries.
13-8 Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
13-9 <RECORD> WITHIN REASONABLE TIME. (a) It shall be a policy of a
13-10 governmental body to provide a suitable copy of <a> public
13-11 information <record> within a reasonable time after the date on
13-12 which the copy is requested.
13-13 (b) If public information exists in an electronic or
13-14 magnetic medium, the requestor may request a copy either on paper
13-15 or in an electronic medium, such as on diskette or on magnetic
13-16 tape. A governmental body shall provide a copy in the requested
13-17 medium if:
13-18 (1) the governmental body has the technological
13-19 ability to produce a copy of the requested information in the
13-20 requested medium;
13-21 (2) the governmental body is not required to purchase
13-22 any software or hardware to accommodate the request; and
13-23 (3) provision of a copy of the information in the
13-24 requested medium will not violate the terms of any copyright
13-25 agreement between the governmental body and a third party.
13-26 (c) If a governmental body is unable to comply with a
13-27 request to produce a copy of information in a requested medium for
14-1 any of the reasons described by this section, the governmental body
14-2 shall provide a paper copy of the requested information or a copy
14-3 in another medium that is acceptable to the requestor. A
14-4 governmental body is not required to copy information onto a
14-5 diskette or other material provided by the requestor but may use
14-6 its own supplies.
14-7 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
14-8 INFORMATION <RECORDS>. A governmental body may promulgate
14-9 reasonable rules of procedure under which public information
14-10 <records> may be inspected efficiently, safely, and without delay.
14-11 Sec. 552.231. RESPONDING TO REQUESTS FOR INFORMATION THAT
14-12 REQUIRE PROGRAMMING OR MANIPULATION OF DATA. (a) A governmental
14-13 body shall provide to a requestor the written statement described
14-14 by Subsection (b) if the governmental body determines:
14-15 (1) that responding to a request for public
14-16 information will require programming or manipulation of data; and
14-17 (2) that:
14-18 (A) compliance with the request is not feasible
14-19 or will result in substantial interference with its ongoing
14-20 operations; or
14-21 (B) the information could be made available in
14-22 the requested form only at a cost that covers the programming and
14-23 manipulation of data.
14-24 (b) The written statement must include:
14-25 (1) a statement that the information is not available
14-26 in the requested form;
14-27 (2) a description of the form in which the information
15-1 is available;
15-2 (3) a description of any contract or services that
15-3 would be required to provide the information in the requested form;
15-4 (4) a statement of the cost of providing the
15-5 information in the requested form, as determined in accordance with
15-6 the rules established by the General Services Commission under
15-7 Section 552.262; and
15-8 (5) a statement of the anticipated time required to
15-9 provide the information in the requested form.
15-10 (c) The governmental body shall provide the written
15-11 statement to the requestor within 20 days after the date of the
15-12 governmental body's receipt of the request. The governmental body
15-13 has an additional 10 days to provide the statement if the
15-14 governmental body gives written notice to the requestor, within 20
15-15 days after the date of receipt of the request, that the additional
15-16 time is needed.
15-17 (d) On providing the written statement to the requestor as
15-18 required by this section, the governmental body does not have any
15-19 further obligation to provide the information in the requested form
15-20 or in the form in which it is available until the requestor states
15-21 in writing to the governmental body that the requestor:
15-22 (1) wants the governmental body to provide the
15-23 information in the requested form according to the cost and time
15-24 parameters set out in the statement or according to other terms to
15-25 which the requestor and the governmental body agree; or
15-26 (2) wants the information in the form in which it is
15-27 available.
16-1 (e) The officer for public information of a governmental
16-2 body shall establish policies that assure the expeditious and
16-3 accurate processing of requests for information that require
16-4 programming or manipulation of data. A governmental body shall
16-5 maintain a file containing all written statements issued under this
16-6 section in a readily accessible location.
16-7 SECTION 11. Section 552.261, Government Code, is amended to
16-8 read as follows:
16-9 Sec. 552.261. Determining Cost of Copies. <(a) A
16-10 governmental body may not charge an excessive amount for
16-11 noncertified, photographic reproductions of public records
16-12 comprised of pages that are legal size or smaller.>
16-13 <(b)> The cost of obtaining a copy of public information
16-14 <standard or legal size photographic reproduction> shall be an
16-15 amount that reasonably includes all costs related to reproducing
16-16 the public information <record>, including costs of materials,
16-17 labor, and overhead. If a<, unless the> request is for 50 or fewer
16-18 pages of paper records, the charge for the public information may
16-19 not include costs of materials, labor, or overhead, but shall be
16-20 limited to the photocopying costs, unless the pages to be copied
16-21 are located in:
16-22 (1) more than one building; or
16-23 (2) a remote storage facility <readily available
16-24 information>.
16-25 <(c) The General Services Commission shall periodically
16-26 determine guidelines for the actual cost of standard size
16-27 reproductions and shall periodically publish these cost figures for
17-1 use by governmental bodies in determining charges under this
17-2 subchapter.>
17-3 SECTION 12. Subchapter F, Chapter 552, Government Code, is
17-4 amended by amending Sections 552.262, 552.263, 552.264, 552.266,
17-5 552.267, 552.268, and 552.269 and by adding Sections 552.270,
17-6 552.271, 552.272, and 552.273 to read as follows:
17-7 Sec. 552.262. RULES OF THE GENERAL SERVICES COMMISSION <COST
17-8 FOR NONSTANDARD RECORDS>. (a) The General Services Commission
17-9 shall adopt rules for use by each governmental body in determining
17-10 charges under this subchapter. The rules adopted by the General
17-11 Services Commission shall be used by each governmental body in
17-12 determining charges for copies of public information, except to the
17-13 extent that other law provides for charges for specific kinds of
17-14 public information. The charges for public information may not be
17-15 excessive and may not exceed the actual cost of producing the
17-16 information.
17-17 (b) The rules of the General Services Commission shall
17-18 prescribe the methods for computing the charges for copies of
17-19 public information in paper, electronic, and other kinds of media.
17-20 The rules shall establish costs for various components of charges
17-21 for public information that shall be used by each governmental body
17-22 in providing copies of public information.
17-23 (c) A governmental body may request that it be exempt from
17-24 part or all of the rules adopted by the General Services Commission
17-25 for determining charges for public information. The request must
17-26 be made in writing to the General Services Commission and must
17-27 state the reason for the exemption. If the General Services
18-1 Commission determines that good cause exists for exempting a
18-2 governmental body from a part or all of the rules, the commission
18-3 shall give written notice of the determination to the governmental
18-4 body. On receipt of the determination, the governmental body may
18-5 amend its charges for public information according to the
18-6 determination of the General Services Commission.
18-7 (d) The General Services Commission shall publish annually
18-8 in the Texas Register a list of the governmental bodies that have
18-9 authorization from the General Services Commission to adopt any
18-10 modified rules for determining the cost of public information.
18-11 <The charge for access to public records that are comprised in a
18-12 form other than standard or smaller sized pages or that are in
18-13 computer record banks, microfilm records, or other similar record
18-14 keeping systems shall be set:>
18-15 <(1) making every effort to match the charge with the
18-16 actual cost of providing the record;>
18-17 <(2) after consultation between a governmental body's
18-18 officer for public records and the General Services Commission; and>
18-19 <(3) in an amount that reasonably includes all costs
18-20 related to providing the record, including costs of materials,
18-21 labor, and overhead.>
18-22 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
18-23 FOR PREPARATION OF PUBLIC INFORMATION <RECORDS>. An officer for
18-24 public information <records> or the officer's agent may require a
18-25 deposit or bond for payment of <costs or cash prepayment of>
18-26 anticipated costs for the preparation of a copy of public
18-27 information <record> if the charge for <preparation of> the copy is
19-1 estimated by the governmental body to exceed $100 <record would be
19-2 unduly costly and its reproduction would cause undue hardship to
19-3 the department or agency if the costs were not paid>.
19-4 Sec. 552.264. COPY OF PUBLIC INFORMATION <RECORD> REQUESTED
19-5 BY MEMBER OF LEGISLATURE. One copy of <a> public information
19-6 <record> that is requested from a state agency by a member of the
19-7 legislature in the performance of the member's duties shall be
19-8 provided without charge.
19-9 Sec. 552.266. COPY OF PUBLIC INFORMATION <RECORD> PROVIDED
19-10 BY MUNICIPAL COURT CLERK. The charge for a copy made by a
19-11 municipal court clerk shall be the charge provided by municipal
19-12 ordinance.
19-13 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
19-14 INFORMATION <RECORD>. (a) A governmental body shall furnish a
19-15 copy of public information <records> without charge or at a reduced
19-16 charge if the governmental body determines that waiver or reduction
19-17 of the fee is in the public interest because furnishing the
19-18 information primarily benefits the general public.
19-19 (b) If the cost to a governmental body of processing the
19-20 collection of a charge for a copy of public information will exceed
19-21 the amount of the charge, the governmental body may waive the
19-22 charge.
19-23 Sec. 552.268. Efficient Use of Public Resources <RECORDS>.
19-24 A governmental body shall make reasonably efficient use of supplies
19-25 and other resources <each page of a public record> to avoid
19-26 excessive reproduction costs.
19-27 Sec. 552.269. Overcharge or <RECOVERY OF> OVERPAYMENT FOR
20-1 PUBLIC INFORMATION <RECORD>. (a) A person who believes the person
20-2 has been overcharged for a copy of public information may complain
20-3 to the General Services Commission in writing of the alleged
20-4 overcharge, setting forth the reasons why the person believes the
20-5 charges are excessive. The General Services Commission shall
20-6 review the complaint and make a determination in writing as to the
20-7 appropriate charge for the requested information. The governmental
20-8 body shall respond to the General Services Commission to any
20-9 written questions asked of the governmental body by the commission
20-10 regarding the charges made for the public information. The
20-11 response must be made to the General Services Commission within 10
20-12 days after the date the questions are received by the governmental
20-13 body. If the General Services Commission determines that a
20-14 governmental body has overcharged for requested public information,
20-15 the governmental body shall promptly adjust its charges in
20-16 accordance with the determination of the General Services
20-17 Commission.
20-18 (b) A person who overpays for a copy of <a> public
20-19 information <record> because a governmental body refuses or fails
20-20 to follow the rules for charges adopted by the General Services
20-21 Commission <provide the copy at the actual cost of reproducing the
20-22 record as provided by Sections 552.261 and 552.262> is entitled to
20-23 recover three times the amount of the overcharge if the
20-24 governmental body did not act in good faith in computing the costs.
20-25 Sec. 552.270. COST OF GOVERNMENT PUBLICATION. (a) The cost
20-26 provisions of this subchapter do not apply to a publication that is
20-27 compiled and printed by or for a governmental body for public
21-1 dissemination. If the cost of the publication is not determined by
21-2 state law, a governmental body may determine the charge to be made
21-3 for the publication.
21-4 (b) This section does not prohibit a governmental body from
21-5 providing a publication free of charge if state law does not
21-6 require that a certain charge be made.
21-7 Sec. 552.271. INSPECTION OF PAPER RECORD IF COPY NOT
21-8 REQUESTED. A charge may not be imposed for making available for
21-9 inspection any public information that exists in a paper record,
21-10 except that if a requested page contains confidential information
21-11 that must be edited from the record before the information can be
21-12 made available, the governmental body may charge for the cost of
21-13 making a copy of the page from which information must be edited.
21-14 No charge other than the cost of the copy may be imposed.
21-15 Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COPY NOT
21-16 REQUESTED. (a) In response to a request to inspect information
21-17 that exists in an electronic medium and that is not available
21-18 directly on-line to the requestor, a charge may not be imposed for
21-19 access to the information, unless complying with the request will
21-20 require programming or manipulation of data. If programming or
21-21 manipulation of data is required, the governmental body shall
21-22 notify the requestor before assembling the information and provide
21-23 the requestor with an estimate of charges that will be imposed to
21-24 make the information available. A charge under this section must
21-25 be assessed in accordance with this subchapter.
21-26 (b) If public information exists in an electronic form on a
21-27 computer owned or leased by a governmental body and if the public
22-1 has direct access to that computer through a computer network or
22-2 other means, the electronic form of the information may be
22-3 electronically copied from that computer without charge if
22-4 accessing the information does not require processing, programming,
22-5 or manipulation on the government-owned or government-leased
22-6 computer before the information is copied.
22-7 (c) If public information exists in an electronic form on a
22-8 computer owned or leased by a governmental body and if the public
22-9 has direct access to that computer through a computer network or
22-10 other means and the information requires processing, programming,
22-11 or manipulation before it can be electronically copied, a
22-12 governmental body may impose charges in accordance with this
22-13 subchapter.
22-14 (d) If information is created or kept in an electronic form,
22-15 a governmental body is encouraged to explore options to separate
22-16 out confidential information and to make public information
22-17 available to the public through electronic access through a
22-18 computer network or by other means.
22-19 Sec. 552.273. INTERIM CHARGES FOR GEOGRAPHIC INFORMATION
22-20 SYSTEMS DATA. (a) A municipality that does not collect records
22-21 preservation funds may provide access to geographic information
22-22 systems (GIS) data at low cost or no cost to requestors. A means
22-23 by which the municipality may provide access to the information at
22-24 low or no cost may include public access terminals, dial-up
22-25 services, or any similar type of access.
22-26 (b) If a municipality provides access as provided by
22-27 Subsection (a), the municipality may set charges for providing
23-1 copies of the GIS database. The factors considered in setting the
23-2 charges may include data collection costs, system operation costs,
23-3 and an estimation of the value of the information on the commercial
23-4 market.
23-5 (c) The General Services Commission shall conduct a study to
23-6 determine reasonable charges for geographic information systems
23-7 data. The study shall be completed not later than September 30,
23-8 1996, with full participation of parties, including:
23-9 (1) the Geographic Information Systems Planning
23-10 Council;
23-11 (2) representatives of county and municipal
23-12 governments; and
23-13 (3) other interested parties.
23-14 (d) This section expires August 31, 1997.
23-15 SECTION 13. Section 552.304, Government Code, is amended to
23-16 read as follows:
23-17 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. A person
23-18 <member of the public> may submit written comments stating reasons
23-19 why the information at issue in a request for an attorney general
23-20 decision should or should not be released.
23-21 SECTION 14. Section 552.305(a), Government Code, is amended
23-22 to read as follows:
23-23 (a) In a case in which information is requested under this
23-24 chapter and a person's <third party's> privacy or property
23-25 interests may be involved, including a case under Section 552.101,
23-26 552.104, 552.110, or 552.114, a governmental body may decline to
23-27 release the information for the purpose of requesting an attorney
24-1 general decision.
24-2 SECTION 15. Section 552.306(a), Government Code, is amended
24-3 to read as follows:
24-4 (a) The attorney general shall promptly render a decision
24-5 requested under this subchapter, consistent with the standards of
24-6 due process, determining whether the requested information is <a
24-7 public record or is> within one of the exceptions of Subchapter C.
24-8 SECTION 16. Subchapter H, Chapter 552, Government Code, is
24-9 amended by amending Section 552.321 and by adding Sections 552.324
24-10 and 552.325 to read as follows:
24-11 Sec. 552.321. Suit for Writ of Mandamus. A requestor
24-12 <person requesting information> or the attorney general may file
24-13 suit for a writ of mandamus compelling a governmental body to make
24-14 information available for public inspection if the governmental
24-15 body refuses to request an attorney general's decision as provided
24-16 by Subchapter G or refuses to supply public information or
24-17 information that the attorney general has determined is <a> public
24-18 information <record>.
24-19 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a
24-20 governmental body or officer for public information may file
24-21 seeking to withhold information from a requestor is a suit that is
24-22 filed in accordance with Sections 552.325 and 552.353 and that
24-23 challenges a decision by the attorney general issued under
24-24 Subchapter G.
24-25 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD
24-26 INFORMATION. (a) A governmental body, officer for public
24-27 information, or other person or entity that files a suit seeking to
25-1 withhold information from a requestor may file the suit only
25-2 against the attorney general. The requestor is entitled to
25-3 intervene in the suit and may not be named as a party in the suit
25-4 unless the requestor chooses to intervene.
25-5 (b) The governmental body, officer for public information,
25-6 or other person or entity that files the suit shall demonstrate to
25-7 the court that the governmental body, officer for public
25-8 information, or other person or entity made a timely good faith
25-9 effort to inform the requestor, by certified mail or by another
25-10 written method of notice that requires the return of a receipt, of:
25-11 (1) the existence of the suit, including the subject
25-12 matter and cause number of the suit and the court in which the suit
25-13 is filed;
25-14 (2) the requestor's right to intervene in the suit or
25-15 to choose to not participate in the suit;
25-16 (3) the fact that the suit is against the attorney
25-17 general; and
25-18 (4) the address and phone number of the office of the
25-19 attorney general.
25-20 (c) If the attorney general agrees that all or part of the
25-21 information that is the subject of the suit should be withheld and
25-22 decides not to contest withholding that information, the attorney
25-23 general shall notify the requestor of that decision and, if the
25-24 requestor has not intervened in the suit, of the requestor's right
25-25 to intervene to contest the withholding. The attorney general
25-26 shall notify the requestor:
25-27 (1) in the manner required by the Texas Rules of Civil
26-1 Procedure, if the requestor has intervened in the suit; or
26-2 (2) by certified mail or by another written method of
26-3 notice that requires the return of a receipt, if the requestor has
26-4 not intervened in the suit.
26-5 (d) The court shall allow the requestor a reasonable period
26-6 to intervene after the attorney general attempts to give notice
26-7 under Subsection (c)(2).
26-8 SECTION 17. Sections 552.351 and 552.353, Government Code,
26-9 are amended to read as follows:
26-10 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
26-11 INFORMATION <RECORD>. (a) A person commits an offense if the
26-12 person wilfully destroys, mutilates, removes without permission as
26-13 provided by this chapter, or alters <a> public information
26-14 <record>.
26-15 (b) An offense under this section is a misdemeanor
26-16 punishable by:
26-17 (1) a fine of not less than $25 or more than $4,000;
26-18 (2) confinement in the county jail for not less than
26-19 three days or more than three months; or
26-20 (3) both the fine and confinement.
26-21 Sec. 552.353. Failure or Refusal of Officer for Public
26-22 Information <Records> to Provide Access to or Copying of Public
26-23 Information <RECORD>. (a) An officer for public information
26-24 <records>, or the officer's agent, commits an offense if, with
26-25 criminal negligence, the officer or the officer's agent fails or
26-26 refuses to give access to, or to permit or provide copying of,
26-27 public information <records> to a requestor <person on request> as
27-1 provided by this chapter.
27-2 (b) It is an affirmative defense to prosecution under
27-3 Subsection (a) that the officer for public information <records>
27-4 reasonably believed that public access to the requested information
27-5 <records> was not required and that the officer:
27-6 (1) acted in reasonable reliance on a court order or a
27-7 written interpretation of this chapter contained in an opinion of a
27-8 court of record or of the attorney general issued under Subchapter
27-9 G;
27-10 (2) requested a decision from the attorney general in
27-11 accordance with Subchapter G, and the decision is pending; or
27-12 (3) not later than the 10th calendar day after the
27-13 date of receipt of a decision by the attorney general that the
27-14 information is public, filed a petition for a declaratory judgment,
27-15 a writ of mandamus, or both, against the attorney general in a
27-16 Travis County district court seeking relief from compliance with
27-17 the decision of the attorney general, and a petition is pending.
27-18 (c) It is an affirmative defense to prosecution under
27-19 Subsection (a) that a person or entity has, not later than the 10th
27-20 calendar day after the date of receipt by a governmental body of a
27-21 decision by the attorney general that the information is public,
27-22 filed a cause of action seeking relief from compliance with the
27-23 decision of the attorney general, and the cause is pending.
27-24 (d) It is an affirmative defense to prosecution under
27-25 Subsection (a) that the defendant is the agent of an officer for
27-26 public information <records> and that the agent reasonably relied
27-27 on the written instruction of the officer for public information
28-1 <records> not to disclose the public information <records>
28-2 requested.
28-3 (e) An offense under this section is a misdemeanor
28-4 punishable by:
28-5 (1) a fine of not more than $1,000;
28-6 (2) confinement in the county jail for not more than
28-7 six months; or
28-8 (3) both the fine and confinement.
28-9 (f) A violation under this section constitutes official
28-10 misconduct.
28-11 SECTION 18. (a) The changes in law made by this Act
28-12 affecting the availability of information, the inspection of
28-13 information, or the copying of information, including the costs for
28-14 copying information, apply only to a request for information that
28-15 is received by a governmental body on or after September 1, 1995.
28-16 A request for information that is received by a governmental body
28-17 before that date is governed by the law in effect at the time the
28-18 request is made, and the former law is continued in effect for this
28-19 purpose.
28-20 (b) Sections 552.324 and 552.325, Government Code, as added
28-21 by this Act, relating to suits to withhold information from a
28-22 requestor, apply only to a suit filed on or after September 1,
28-23 1995.
28-24 SECTION 19. The following laws are repealed:
28-25 (1) Section 1, Chapter 98, Acts of the 73rd
28-26 Legislature, 1993; and
28-27 (2) Section 8.30, Chapter 347, Acts of the 73rd
29-1 Legislature, 1993.
29-2 SECTION 20. This Act takes effect September 1, 1995.
29-3 SECTION 21. The importance of this legislation and the
29-4 crowded condition of the calendars in both houses create an
29-5 emergency and an imperative public necessity that the
29-6 constitutional rule requiring bills to be read on three several
29-7 days in each house be suspended, and this rule is hereby suspended.