By Turner of Harris H.B. No. 1718
74R2562 MRB-F
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, drawing, and 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
3-20 body"> 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. Section 552.108, Government Code, is amended to
5-18 read as follows:
5-19 Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
5-20 PROSECUTORIAL INFORMATION <RECORDS>. (a) Information held by <A
5-21 record of> a law enforcement agency or prosecutor that deals with
5-22 the detection, investigation, or prosecution of crime is excepted
5-23 from the requirements of Section 552.021.
5-24 (b) An internal record or notation of a law enforcement
5-25 agency or prosecutor that is maintained for internal use in matters
5-26 relating to law enforcement or prosecution is excepted from the
5-27 requirements of Section 552.021.
6-1 SECTION 5. Section 552.122, Government Code, is amended to
6-2 conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
6-3 Regular Session, 1993, to read as follows:
6-4 Sec. 552.122. EXCEPTION: <CURRICULUM OBJECTIVES AND> TEST
6-5 ITEMS. (a) A <curriculum objective or> test item developed by an
6-6 educational institution that is funded wholly or in part by state
6-7 revenue is excepted from the requirements of Section 552.021.
6-8 (b) A test item developed by a licensing agency or
6-9 governmental body is excepted from the requirements of Section
6-10 552.021.
6-11 SECTION 6. Subchapter C, Chapter 552, Government Code, is
6-12 amended to conform to Section 1, Chapter 98, Acts of the 73rd
6-13 Legislature, Regular Session, 1993, by adding Section 552.124 to
6-14 read as follows:
6-15 Sec. 552.124. EXCEPTION: RECORDS OF LIBRARY OR LIBRARY
6-16 SYSTEM. (a) A record of a library or library system, supported in
6-17 whole or in part by public funds, that identifies or serves to
6-18 identify a person who requested, obtained, or used a library
6-19 material or service is excepted from the requirements of Section
6-20 552.021 unless the record is disclosed:
6-21 (1) because the library or library system determines
6-22 that disclosure is reasonably necessary for the operation of the
6-23 library or library system and the record is not confidential under
6-24 other state or federal law;
6-25 (2) under Section 552.023; or
6-26 (3) to a law enforcement agency or a prosecutor under
6-27 a court order or subpoena obtained after a showing to a district
7-1 court that:
7-2 (A) disclosure of the record is necessary to
7-3 protect the public safety; or
7-4 (B) the record is evidence of an offense or
7-5 constitutes evidence that a particular person committed an offense.
7-6 (b) A record of a library or library system that is excepted
7-7 from required disclosure under this section is confidential.
7-8 SECTION 7. Subchapter C, Chapter 552, Government Code, is
7-9 amended by adding Section 552.125 to read as follows:
7-10 Sec. 552.125. EXCEPTION: INFORMATION AVAILABLE
7-11 COMMERCIALLY; RESOURCE MATERIAL. (a) A governmental body is not
7-12 required under this chapter to allow the inspection of or to
7-13 provide a copy of information in a commercial book or publication
7-14 purchased or acquired by the governmental body for research
7-15 purposes if the book or publication is commercially available to
7-16 the public.
7-17 (b) Although information in a book or publication may be
7-18 made available to the public as a resource material, such as a
7-19 library book, a governmental body is not required to make a copy of
7-20 the information in response to a request for public information.
7-21 (c) A governmental body shall allow the inspection of or
7-22 provide a copy of information in a book or publication that is made
7-23 part of, incorporated into, or referred to in a rule or policy of a
7-24 governmental body, regardless of the availability of the
7-25 information to the public elsewhere.
7-26 SECTION 8. The subchapter heading to Subchapter D, Chapter
7-27 552, Government Code, is amended to read as follows:
8-1 SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION <RECORDS>
8-2 SECTION 9. Subchapter D, Chapter 552, Government Code, is
8-3 amended by amending Sections 552.201, 552.202, and 552.203 and by
8-4 adding Section 552.204 to read as follows:
8-5 Sec. 552.201. IDENTITY OF OFFICER FOR PUBLIC INFORMATION
8-6 <RECORDS>. (a) The chief administrative officer of a governmental
8-7 body is the officer for public information <records>, except as
8-8 provided by Subsection (b).
8-9 (b) Each elected county officer is the officer for public
8-10 information <records> and the custodian, as defined by Section
8-11 201.003, Local Government Code, of the information <records>
8-12 created or received by that county officer's office.
8-13 Sec. 552.202. Department Heads. Each department head is an
8-14 agent of the officer for public information <records> for the
8-15 purposes of complying with this chapter.
8-16 Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
8-17 INFORMATION <RECORDS>. Each officer for public information
8-18 <records>, subject to penalties provided in this chapter, shall:
8-19 (1) make public information <records> available for
8-20 public inspection and copying;
8-21 (2) carefully protect public information <records>
8-22 from deterioration, alteration, mutilation, loss, or unlawful
8-23 removal; and
8-24 (3) repair, renovate, or rebind public information
8-25 <records> as necessary to maintain them properly.
8-26 Sec. 552.204. SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC
8-27 INFORMATION. An officer of public information is responsible for
9-1 the release of public information as required by this chapter. The
9-2 officer is not responsible for the use made of the information by
9-3 the requestor.
9-4 SECTION 10. Subchapter E, Chapter 552, Government Code, is
9-5 amended by amending Sections 552.221, 552.222, 552.223, 552.224,
9-6 552.225, 552.226, 552.227, 552.228, and 552.230 and by adding
9-7 Section 552.231 to read as follows:
9-8 Sec. 552.221. Application for Public Information. (a) An
9-9 officer for public information <records> of a governmental body
9-10 shall promptly produce public information for inspection,
9-11 duplication, or both, in the offices of the governmental body on
9-12 application by any person to the officer.
9-13 (b) If the requested information is unavailable at the time
9-14 of the request to examine because it is in active use or in
9-15 storage, the officer for public information <records> shall certify
9-16 this fact in writing to the requestor <applicant> and set a date
9-17 and hour within a reasonable time when the information <record>
9-18 will be available for inspection or duplication.
9-19 Sec. 552.222. PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO
9-20 REQUESTOR <OF PERSON APPLYING FOR INSPECTION OF RECORDS>. (a) The
9-21 officer for public information <records> and the officer's agent
9-22 may not make an inquiry of a requestor <person who applies for
9-23 inspection or copying of a public record> except to establish
9-24 proper identification or except as provided by Subsection (b).
9-25 (b) If what information is requested is unclear to the
9-26 governmental body, the governmental body may ask the requestor to
9-27 clarify the request. If a large amount of information has been
10-1 requested, the governmental body may discuss with the requestor how
10-2 the scope of a request might be narrowed, but the governmental body
10-3 may not inquire into the purpose for which information will be used
10-4 <and the public records requested>.
10-5 Sec. 552.223. Uniform Treatment of Requests for Information.
10-6 The officer for public information <records> or the officer's agent
10-7 shall treat all requests for information uniformly without regard
10-8 to the position or occupation of the requestor <person making the
10-9 request>, the person on whose behalf the request is made, or the
10-10 status of the individual as a member of the media.
10-11 Sec. 552.224. Comfort and Facility. The officer for public
10-12 information <records> or the officer's agent shall give to a
10-13 requestor <person requesting public records> all reasonable comfort
10-14 and facility for the full exercise of the right granted by this
10-15 chapter.
10-16 Sec. 552.225. Time for Examination. (a) A requestor
10-17 <person requesting public information> must complete the
10-18 examination of the information not later than the 10th day after
10-19 the date the custodian of the information makes it available to the
10-20 person.
10-21 (b) The officer for public information <records> shall
10-22 extend the initial examination period by an additional 10 days if,
10-23 within the initial period, the requestor <person requesting the
10-24 information> files with the officer for public information
10-25 <records> a written request for additional time. The officer for
10-26 public information <records> shall extend an additional examination
10-27 period by another 10 days if, within the additional period, the
11-1 requestor <person requesting the information> files with the
11-2 officer for public information <records> a written request for more
11-3 additional time.
11-4 (c) The time during which a person may examine information
11-5 may be interrupted by the officer for public information <records>
11-6 if the information is needed for use by the governmental body. The
11-7 period of interruption is not considered to be a part of the time
11-8 during which the person may examine the information.
11-9 Sec. 552.226. Removal of Original Record. This chapter does
11-10 not authorize a requestor <person> to remove an original copy of a
11-11 public record from the office of a governmental body.
11-12 Sec. 552.227. Research of State Library Holdings Not
11-13 Required. An officer for public information <records> or the
11-14 officer's agent is not required to perform general research within
11-15 the reference and research archives and holdings of state
11-16 libraries.
11-17 Sec. 552.228. PROVIDING SUITABLE COPY OF PUBLIC INFORMATION
11-18 <RECORD> WITHIN REASONABLE TIME. (a) It shall be a policy of a
11-19 governmental body to provide a suitable copy of <a> public
11-20 information <record> within a reasonable time after the date on
11-21 which the copy is requested.
11-22 (b) If public information exists in an electronic or
11-23 magnetic medium, the requestor may request a copy either on paper
11-24 or in an electronic medium, such as on diskette or on magnetic
11-25 tape. A governmental body shall provide a copy in the requested
11-26 medium if:
11-27 (1) the governmental body has the technological
12-1 ability to produce a copy of the requested information in the
12-2 requested medium;
12-3 (2) the governmental body is not required to purchase
12-4 any software or hardware to accommodate the request; and
12-5 (3) provision of a copy of the information in the
12-6 requested medium will not violate the terms of any copyright
12-7 agreement between the governmental body and a third party.
12-8 (c) If a governmental body is unable to comply with a
12-9 request to produce a copy of information in a requested medium for
12-10 any of the reasons described by this section, the governmental body
12-11 shall provide a paper copy of the requested information, or a copy
12-12 in another medium that is acceptable to the requestor. A
12-13 governmental body is not required to copy information onto a
12-14 diskette or other material provided by the requestor but may use
12-15 its own supplies.
12-16 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
12-17 INFORMATION <RECORDS>. A governmental body may promulgate
12-18 reasonable rules of procedure under which public information
12-19 <records> may be inspected efficiently, safely, and without delay.
12-20 Sec. 552.231. RESPONDING TO REQUESTS FOR INFORMATION THAT
12-21 REQUIRE PROGRAMMING OR MANIPULATION OF DATA. (a) A governmental
12-22 body shall provide to a requestor the written statement described
12-23 by Subsection (b) if the governmental body determines:
12-24 (1) that responding to a request for public
12-25 information will require programming or manipulation of data; and
12-26 (2) that:
12-27 (A) compliance with the request is not feasible
13-1 or will result in substantial interference with its ongoing
13-2 operations; or
13-3 (B) the information could be made available in
13-4 the requested form only at a cost that covers the programming and
13-5 manipulation of data.
13-6 (b) The written statement must include:
13-7 (1) a statement that the information is not available
13-8 in the requested form;
13-9 (2) a description of the form in which the information
13-10 is available;
13-11 (3) a description of any contract or services that
13-12 would be required to provide the information in the requested form;
13-13 (4) a statement of the cost of providing the
13-14 information in the requested form, as determined in accordance with
13-15 the rules established by the General Services Commission under
13-16 Section 552.262; and
13-17 (5) a statement of the anticipated time required to
13-18 provide the information in the requested form.
13-19 (c) The governmental body shall provide the written
13-20 statement to the requestor within 20 days after the date of the
13-21 governmental body's receipt of the request. The governmental body
13-22 has an additional 10 days to provide the statement if the
13-23 governmental body gives written notice to the requestor, within 20
13-24 days after the date of receipt of the request, that the additional
13-25 time is needed.
13-26 (d) On providing the written statement to the requestor as
13-27 required by this section, the governmental body does not have any
14-1 further obligation to provide the information in the requested form
14-2 or in the form in which it is available until the requestor states
14-3 in writing to the governmental body that the requestor:
14-4 (1) wants the governmental body to provide the
14-5 information in the requested form according to the cost and time
14-6 parameters set out in the statement or according to other terms to
14-7 which the requestor and the governmental body agree; or
14-8 (2) wants the information in the form in which it is
14-9 available.
14-10 (e) The officer for public information of a governmental
14-11 body shall establish policies that assure the expeditious and
14-12 accurate processing of requests for information that require
14-13 programming or manipulation of data. A governmental body shall
14-14 maintain a file containing all written statements issued under this
14-15 section in a readily accessible location.
14-16 SECTION 11. Section 552.261, Government Code, is amended to
14-17 read as follows:
14-18 Sec. 552.261. Determining Cost of Copies. <(a) A
14-19 governmental body may not charge an excessive amount for
14-20 noncertified, photographic reproductions of public records
14-21 comprised of pages that are legal size or smaller.>
14-22 <(b)> The cost of obtaining a copy of public information
14-23 <standard or legal size photographic reproduction> shall be an
14-24 amount that reasonably includes all costs related to reproducing
14-25 the public information <record>, including costs of materials,
14-26 labor, and overhead. If a<, unless the> request is for 50 or fewer
14-27 pages of paper records, the charge for the public information may
15-1 not include costs of materials, labor, or overhead, but shall be
15-2 limited to the photocopying costs, unless the pages to be copied
15-3 are located in:
15-4 (1) more than one building; or
15-5 (2) a remote storage facility <readily available
15-6 information>.
15-7 <(c) The General Services Commission shall periodically
15-8 determine guidelines for the actual cost of standard size
15-9 reproductions and shall periodically publish these cost figures for
15-10 use by governmental bodies in determining charges under this
15-11 subchapter.>
15-12 SECTION 12. Subchapter F, Chapter 552, Government Code, is
15-13 amended to conform, in part, to Section 5, Chapter 428, Acts of the
15-14 73rd Legislature, Regular Session, 1993, and to make other changes
15-15 by adding Section 552.2611 to read as follows:
15-16 Sec. 552.2611. CHARGES FOR PUBLIC INFORMATION BY STATE
15-17 AGENCY. (a) A state agency shall pay to the comptroller for
15-18 deposit in an unobligated account designated by the comptroller in
15-19 the general revenue fund all money collected by the agency for
15-20 providing copies of public information.
15-21 (b) Of the total amount of money deposited in the general
15-22 revenue fund under Subsection (a), the comptroller may transfer 25
15-23 percent of the money collected for providing copies of mailing
15-24 lists, and 15 percent of the money collected for providing copies
15-25 of other public records, to the general revenue fund.
15-26 (c) The comptroller shall adopt rules to administer this
15-27 section.
16-1 (d) In this section, "state agency" has the meaning assigned
16-2 by Section 1.02, State Purchasing and General Services Act (Article
16-3 601b, Vernon's Texas Civil Statutes).
16-4 SECTION 13. Subchapter F, Chapter 552, Government Code, is
16-5 amended by amending Sections 552.262, 552.263, 552.264, 552.266,
16-6 552.267, 552.268, and 552.269 and by adding Sections 552.270,
16-7 552.271, and 552.272 to read as follows:
16-8 Sec. 552.262. RULES OF THE GENERAL SERVICES COMMISSION <COST
16-9 FOR NONSTANDARD RECORDS>. (a) The General Services Commission
16-10 shall adopt rules for use by each governmental body in determining
16-11 charges under this subchapter. The rules adopted by the General
16-12 Services Commission shall be used by each governmental body in
16-13 determining charges for copies of public information, except to the
16-14 extent that other law provides for charges for specific kinds of
16-15 public information. The charges for public information may not be
16-16 excessive and may not exceed the actual cost of producing the
16-17 information.
16-18 (b) The rules of the General Services Commission shall
16-19 prescribe the methods for computing the charges for copies of
16-20 public information in paper, electronic, and other kinds of media.
16-21 The rules shall establish costs for various components of charges
16-22 for public information that shall be used by each governmental body
16-23 in providing copies of public information.
16-24 (c) A governmental body may request that it be exempt from
16-25 part or all of the rules adopted by the General Services Commission
16-26 for determining charges for public information. The request must
16-27 be made in writing to the General Services Commission and must
17-1 state the reason for the exemption. If the General Services
17-2 Commission determines that good cause exists for exempting a
17-3 governmental body from a part or all of the rules, the commission
17-4 shall give written notice of the determination to the governmental
17-5 body. On receipt of the determination, the governmental body may
17-6 amend its charges for public information according to the
17-7 determination of the General Services Commission.
17-8 (d) The General Services Commission shall publish annually
17-9 in the Texas Register a list of the governmental bodies that have
17-10 authorization from the General Services Commission to adopt any
17-11 modified rules for determining the cost of public information.
17-12 <The charge for access to public records that are comprised in a
17-13 form other than standard or smaller sized pages or that are in
17-14 computer record banks, microfilm records, or other similar record
17-15 keeping systems shall be set:>
17-16 <(1) making every effort to match the charge with the
17-17 actual cost of providing the record;>
17-18 <(2) after consultation between a governmental body's
17-19 officer for public records and the General Services Commission; and>
17-20 <(3) in an amount that reasonably includes all costs
17-21 related to providing the record, including costs of materials,
17-22 labor, and overhead.>
17-23 Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
17-24 FOR PREPARATION OF PUBLIC INFORMATION <RECORDS>. An officer for
17-25 public information <records> or the officer's agent may require a
17-26 deposit or bond for payment of <costs or cash prepayment of>
17-27 anticipated costs for the preparation of a copy of public
18-1 information <record> if the charge for <preparation of> the copy is
18-2 estimated by the governmental body to exceed $100 <record would be
18-3 unduly costly and its reproduction would cause undue hardship to
18-4 the department or agency if the costs were not paid>.
18-5 Sec. 552.264. COPY OF PUBLIC INFORMATION <RECORD> REQUESTED
18-6 BY MEMBER OF LEGISLATURE. One copy of <a> public information
18-7 <record> that is requested from a state agency by a member of the
18-8 legislature in the performance of the member's duties shall be
18-9 provided without charge.
18-10 Sec. 552.266. COPY OF PUBLIC INFORMATION <RECORD> PROVIDED
18-11 BY MUNICIPAL COURT CLERK. The charge for a copy made by a
18-12 municipal court clerk shall be the charge provided by municipal
18-13 ordinance.
18-14 Sec. 552.267. WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
18-15 INFORMATION <RECORD>. (a) A governmental body shall furnish a
18-16 copy of public information <records> without charge or at a reduced
18-17 charge if the governmental body determines that waiver or reduction
18-18 of the fee is in the public interest because furnishing the
18-19 information primarily benefits the general public.
18-20 (b) If the cost to a governmental body of processing the
18-21 collection of a charge for a copy of public information will exceed
18-22 the amount of the charge, the governmental body may waive the
18-23 charge.
18-24 Sec. 552.268. Efficient Use of Public Resources <RECORDS>.
18-25 A governmental body shall make reasonably efficient use of supplies
18-26 and other resources <each page of a public record> to avoid
18-27 excessive reproduction costs.
19-1 Sec. 552.269. Overcharge or <RECOVERY OF> OVERPAYMENT FOR
19-2 PUBLIC INFORMATION <RECORD>. (a) A person who believes the person
19-3 has been overcharged for a copy of public information may complain
19-4 to the General Services Commission in writing of the alleged
19-5 overcharge, setting forth the reasons why the person believes the
19-6 charges are excessive. The General Services Commission shall
19-7 review the complaint and make a determination in writing as to the
19-8 appropriate charge for the requested information. The governmental
19-9 body shall respond to the General Services Commission to any
19-10 written questions asked of the governmental body by the commission
19-11 regarding the charges made for the public information. The
19-12 response must be made to the General Services Commission within 10
19-13 days after the date the questions are received by the governmental
19-14 body. If the General Services Commission determines that a
19-15 governmental body has overcharged for requested public information,
19-16 the governmental body shall promptly adjust its charges in
19-17 accordance with the determination of the General Services
19-18 Commission.
19-19 (b) A person who overpays for a copy of <a> public
19-20 information <record> because a governmental body refuses or fails
19-21 to follow the rules for charges adopted by the General Services
19-22 Commission <provide the copy at the actual cost of reproducing the
19-23 record as provided by Sections 552.261 and 552.262> is entitled to
19-24 recover three times the amount of the overcharge if the
19-25 governmental body did not act in good faith in computing the costs.
19-26 Sec. 552.270. COST OF GOVERNMENT PUBLICATION. (a) The cost
19-27 provisions of this subchapter do not apply to a publication that is
20-1 compiled and printed by or for a governmental body for public
20-2 dissemination. If the cost of the publication is not determined by
20-3 state law, a governmental body may determine the charge to be made
20-4 for the publication.
20-5 (b) This section does not prohibit a governmental body from
20-6 providing a publication free of charge if state law does not
20-7 require that a certain charge be made.
20-8 Sec. 552.271. INSPECTION OF PAPER RECORD IF COPY NOT
20-9 REQUESTED. A charge may not be imposed for making available for
20-10 inspection any public information that exists in a paper record,
20-11 except that if a requested page contains confidential information
20-12 that must be edited from the record before the information can be
20-13 made available, the governmental body may charge for the cost of
20-14 making a copy of the page from which information must be edited.
20-15 No charge other than the cost of the copy may be imposed.
20-16 Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COPY NOT
20-17 REQUESTED. (a) In response to a request to inspect information
20-18 that exists in an electronic medium and that is not available
20-19 directly on-line to the requestor, a charge may not be imposed for
20-20 access to the information, unless complying with the request will
20-21 require programming or manipulation of data. If programming or
20-22 manipulation of data is required, the governmental body shall
20-23 notify the requestor before assembling the information and provide
20-24 the requestor with an estimate of charges that will be imposed to
20-25 make the information available. A charge under this section must
20-26 be assessed in accordance with this subchapter.
20-27 (b) If public information exists in an electronic form on a
21-1 computer owned or leased by a governmental body and if the public
21-2 has direct access to that computer through a computer network or
21-3 other means, the electronic form of the information may be
21-4 electronically copied from that computer without charge if
21-5 accessing the information does not require processing, programming,
21-6 or manipulation on the government-owned or -leased computer before
21-7 the information is copied.
21-8 (c) If public information exists in an electronic form on a
21-9 computer owned or leased by a governmental body and if the public
21-10 has direct access to that computer through a computer network or
21-11 other means and the information requires processing, programming,
21-12 or manipulation before it can be electronically copied, a
21-13 governmental body may impose charges in accordance with this
21-14 subchapter.
21-15 (d) If information is created or kept in an electronic form,
21-16 a governmental body is encouraged to explore options to separate
21-17 out confidential information and to make public information
21-18 available to the public through electronic access through a
21-19 computer network or by other means.
21-20 SECTION 14. Section 552.304, Government Code, is amended to
21-21 read as follows:
21-22 Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. A person
21-23 <member of the public> may submit written comments stating reasons
21-24 why the information at issue in a request for an attorney general
21-25 decision should or should not be released.
21-26 SECTION 15. Section 552.305(a), Government Code, is amended
21-27 to read as follows:
22-1 (a) In a case in which information is requested under this
22-2 chapter and a person's <third party's> privacy or property
22-3 interests may be involved, including a case under Section 552.101,
22-4 552.104, 552.110, or 552.114, a governmental body may decline to
22-5 release the information for the purpose of requesting an attorney
22-6 general decision.
22-7 SECTION 16. Section 552.306(a), Government Code, is amended
22-8 to read as follows:
22-9 (a) The attorney general shall promptly render a decision
22-10 requested under this subchapter, consistent with the standards of
22-11 due process, determining whether the requested information is <a
22-12 public record or is> within one of the exceptions of Subchapter C.
22-13 SECTION 17. Subchapter H, Chapter 552, Government Code, is
22-14 amended by amending Sections 552.321 and 552.323 and by adding
22-15 Sections 552.324 and 552.325 to read as follows:
22-16 Sec. 552.321. Suit for Writ of Mandamus. A requestor
22-17 <person requesting information> or the attorney general may file
22-18 suit for a writ of mandamus compelling a governmental body to make
22-19 information available for public inspection if the governmental
22-20 body refuses to request an attorney general's decision as provided
22-21 by Subchapter G or refuses to supply public information or
22-22 information that the attorney general has determined is <a> public
22-23 information <record>.
22-24 Sec. 552.323. Assessment of Costs of Litigation and
22-25 Reasonable Attorney Fees. <(a)> In an action brought under
22-26 Section 552.321 or Section 552.353(b)(3), the court shall award
22-27 <may assess> costs of litigation and reasonable attorney fees
23-1 incurred by a requestor <plaintiff or defendant> who substantially
23-2 prevails.
23-3 <(b) In exercising its discretion under this section, the
23-4 court shall consider whether the conduct of the governmental body
23-5 had a reasonable basis in law and whether the litigation was
23-6 brought in good faith.>
23-7 Sec. 552.324. SUIT BY GOVERNMENTAL BODY. The only suit a
23-8 governmental body or officer for public information may file
23-9 seeking to withhold information from a requestor is a suit that is
23-10 filed in accordance with Sections 552.325 and 552.353 and that
23-11 challenges a decision by the attorney general issued under
23-12 Subchapter G.
23-13 Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD
23-14 INFORMATION. (a) A governmental body, officer for public
23-15 information, or other person or entity that files a suit seeking to
23-16 withhold information from a requestor may file the suit only
23-17 against the attorney general. The requestor is entitled to
23-18 intervene in the suit and may not be named as a party in the suit
23-19 unless the requestor chooses to intervene.
23-20 (b) The governmental body, officer for public information,
23-21 or other person or entity that files the suit shall demonstrate to
23-22 the court that the governmental body, officer for public
23-23 information, or other person or entity made a timely good faith
23-24 effort to inform the requestor, by certified mail or by another
23-25 written method of notice that requires the return of a receipt, of:
23-26 (1) the existence of the suit, including the subject
23-27 matter and cause number of the suit and the court in which the suit
24-1 is filed;
24-2 (2) the requestor's right to intervene in the suit or
24-3 to choose to not participate in the suit;
24-4 (3) the fact that the suit is against the attorney
24-5 general; and
24-6 (4) the address and phone number of the office of the
24-7 attorney general.
24-8 (c) If the attorney general agrees that all or part of the
24-9 information that is the subject of the suit should be withheld and
24-10 decides not to contest withholding that information, the attorney
24-11 general shall notify the requestor of that decision and, if the
24-12 requestor has not intervened in the suit, of the requestor's right
24-13 to intervene to contest the withholding. The attorney general
24-14 shall notify the requestor:
24-15 (1) in the manner required by the Texas Rules of Civil
24-16 Procedure, if the requestor has intervened in the suit; or
24-17 (2) by certified mail or by another written method of
24-18 notice that requires the return of a receipt, if the requestor has
24-19 not intervened in the suit.
24-20 (d) The court shall allow the requestor a reasonable period
24-21 to intervene after the attorney general attempts to give notice
24-22 under Subsection (c)(2).
24-23 SECTION 18. Sections 552.351 and 552.353, Government Code,
24-24 are amended to read as follows:
24-25 Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
24-26 INFORMATION <RECORD>. (a) A person commits an offense if the
24-27 person wilfully destroys, mutilates, removes without permission as
25-1 provided by this chapter, or alters <a> public information
25-2 <record>.
25-3 (b) An offense under this section is a misdemeanor
25-4 punishable by:
25-5 (1) a fine of not less than $25 or more than $4,000;
25-6 (2) confinement in the county jail for not less than
25-7 three days or more than three months; or
25-8 (3) both the fine and confinement.
25-9 Sec. 552.353. Failure or Refusal of Officer for Public
25-10 Information <Records> to Provide Access to or Copying of Public
25-11 Information <RECORD>. (a) An officer for public information
25-12 <records>, or the officer's agent, commits an offense if, with
25-13 criminal negligence, the officer or the officer's agent fails or
25-14 refuses to give access to, or to permit or provide copying of,
25-15 public information <records> to a requestor <person on request> as
25-16 provided by this chapter.
25-17 (b) It is an affirmative defense to prosecution under
25-18 Subsection (a) that the officer for public information <records>
25-19 reasonably believed that public access to the requested information
25-20 <records> was not required and that the officer:
25-21 (1) acted in reasonable reliance on a court order or a
25-22 written interpretation of this chapter contained in an opinion of a
25-23 court of record or of the attorney general issued under Subchapter
25-24 G;
25-25 (2) requested a decision from the attorney general in
25-26 accordance with Subchapter G, and the decision is pending; or
25-27 (3) not later than the 10th calendar day after the
26-1 date of receipt of a decision by the attorney general that the
26-2 information is public, filed a petition for a declaratory judgment,
26-3 a writ of mandamus, or both, against the attorney general in a
26-4 Travis County district court seeking relief from compliance with
26-5 the decision of the attorney general, and a petition is pending.
26-6 (c) It is an affirmative defense to prosecution under
26-7 Subsection (a) that a person or entity has, not later than the 10th
26-8 calendar day after the date of receipt by a governmental body of a
26-9 decision by the attorney general that the information is public,
26-10 filed a cause of action seeking relief from compliance with the
26-11 decision of the attorney general, and the cause is pending.
26-12 (d) It is an affirmative defense to prosecution under
26-13 Subsection (a) that the defendant is the agent of an officer for
26-14 public information <records> and that the agent reasonably relied
26-15 on the written instruction of the officer for public information
26-16 <records> not to disclose the public information <records>
26-17 requested.
26-18 (e) An offense under this section is a misdemeanor
26-19 punishable by:
26-20 (1) a fine of not more than $1,000;
26-21 (2) confinement in the county jail for not more than
26-22 six months; or
26-23 (3) both the fine and confinement.
26-24 (f) A violation under this section constitutes official
26-25 misconduct.
26-26 SECTION 19. Section 118.0145, Local Government Code, is
26-27 amended to read as follows:
27-1 Sec. 118.0145. Noncertified Papers. (a) The fee for
27-2 "Noncertified Papers" under Section 118.011 is for issuing a
27-3 noncertified copy of each page or part of a page of a document.
27-4 The fee must be paid at the time the order is placed.
27-5 (b) To the extent that the amount of the fee conflicts with
27-6 the amount determined under Section 552.265, Government Code, the
27-7 amount determined under that section controls.
27-8 SECTION 20. (a) The changes in law made by this Act
27-9 affecting the availability of information, the inspection of
27-10 information, or the copying of information, including the costs for
27-11 copying information, apply only to a request for information that
27-12 is received by a governmental body on or after September 1, 1995.
27-13 A request for information that is received by a governmental body
27-14 before that date is governed by the law in effect at the time the
27-15 request is made, and the former law is continued in effect for this
27-16 purpose.
27-17 (b) Sections 552.324 and 552.325, Government Code, as added
27-18 by this Act, relating to suits to withhold information from a
27-19 requestor, apply only to a suit filed on or after September 1,
27-20 1995.
27-21 SECTION 21. The following laws are repealed:
27-22 (1) Section 552.103, Government Code;
27-23 (2) Section 1, Chapter 98, Acts of the 73rd
27-24 Legislature, 1993;
27-25 (3) Section 8.30, Chapter 347, Acts of the 73rd
27-26 Legislature, 1993; and
27-27 (4) Section 5, Chapter 428, Acts of the 73rd
28-1 Legislature, 1993.
28-2 SECTION 22. This Act takes effect September 1, 1995.
28-3 SECTION 23. The importance of this legislation and the
28-4 crowded condition of the calendars in both houses create an
28-5 emergency and an imperative public necessity that the
28-6 constitutional rule requiring bills to be read on three several
28-7 days in each house be suspended, and this rule is hereby suspended.