LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 9, 1995



 TO:     Honorable Curtis Seidlits, Chair       IN RE:  House Bill No. 1718
         Committee on State Affairs                     By: Turner,
         House of Representatives               Sylvester
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
1718 (Relating to the revision of the open records law.) this
office has determined the following:

The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.

The bill would change the term "open records" to "public
information" and expand the definition of public information.

The bill would require state agencies to deposit funds received
from public information requests into an unobligated account in
the general revenue fund.   Out of this account, the Comptroller
could transfer twenty-five percent of amounts collected for
providing mailing lists and fifteen percent of amounts collected
for providing copies of other public records to the general
revenue fund.  The Comptroller would be required to develop rules
for this provision.

The bill would require the General Services Commission to adopt
rules for determining charges for providing information. 
Governmental bodies would be required to use the rules, unless
exempted by the Commission or other law provides charges for
specific information.   The General Services Commission would be
required to publish an annual list in the Texas Register of
governmental bodies who are exempted from charging the rates
established by the Commission.  The bill would require that
charges for public information not be excessive and not exceed    




actual costs of providing the information.

 The bill would require the General Services Commission to
receive and review complaints from persons believing that they
have been overcharged.  The Commission could request information
of governmental bodies regarding the complaint, determine
appropriate charges and require that the governmental body adjust
its charges, if necessary.

The bill would allow lawsuits to be filed under specific
circumstances and require that the state pay the costs of
litigation, and reasonable attorney fees if the requestor
substantially prevailed in the lawsuit.

The act would be effective September 1, 1995.


The fiscal implication to  the State or units of local government
cannot be determined.


Source:   General Services Commission, Comptroller of Public
Accounts
          LBB Staff: JK, MS, DF