IMF H.B. 951 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 951 By: Turner, Sylvester 4-25-97 Committee Report (Amended) BACKGROUND H.B. 1718, which passed in the 74th Legislative Session, overhauled the state's open records law by providing the public greater access to information stored in computer format. Many sections of this law are outdated and/or are no longer relevant. The Open Records Steering Committee has recommended this bill to clean up various parts of the open records law which are duplicative and are in need of clarification. PURPOSE As proposed, H.B. 951 would clarify the statute to ensure that persons requesting copies of public information are charged only for the cost of the copies. If a state agency charges for labor charges associated with providing copies, that the state agency must submit a breakdown of those costs to the requestor and the General Services Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants rulemaking authority to a government body in SECTION 1 (Sec. 552.230, Government Code) of the bill, and to the General Services Commission in SECTION 2 (Sec. 552.262, Government Code) of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 552.230 of the Government Code to allow a governmental body to promulgate rules concerning the copying of public information, but prohibits these rules from being inconsistent with any provision of the chapter. SECTION 2. Amends Subchapter F, Chapter 552 of the Government Code as follows: Section 552.251 allows a requestor of public information to obtain information concerning the costs of receiving the information if the costs include labor costs. Makes a non-substantive change. Section 552.2611 is repealed, which allowed the General Services Commission to establish rules for charging for copies of public information. Section 552.262 requires the General Services Commission to adopt rules for providing copies of public information. Section 552.263 prohibits a public information officer from requiring a deposit be paid as a down payment for obtaining copies of public information. Section 552.264 makes a non-substantive change. Section 552.265 requires the charge for a copy made in a district or county clerk's office must be the charge required by law. Section 552.266 makes a non-substantive change. Section 552.267 makes a non-substantive change. Section 552.269 makes a non-substantive change. Section 552.270 makes a non-substantive change. Section 552.271 makes a non-substantive change. Section 552.274 (a) requires each state agency to submit to the General Services Commission a report describing the agencies procedures for charging an collecting fees for providing copies of public information. Section 552.274 (b) defines "state agency." SECTION 3. Renumbers Section 552.027 of the Government Code as 552.028 of the Government Code. SECTION 4. Renumbers Section 552.124 of the Government Code, as added by Chapter 219, Acts of the 74th Legislature, Regular Session, 1995 as Section 552.125 of the Government Code. SECTION 5. Renumbers Section 552.124 of the Government Code, as added by Chapter 260, Acts of the 74th Legislature, Regular Session, 1995 as Section 552.126 of the Government Code. SECTION 6. Repeals duplicative Sections 552.324 and 552.325 of the Government Code. SECTION 7. Repeals Section 3, Chapter 428, Acts of the 73rd Legislature, Regular Session, 1993. SECTION 8. Effective date: September 1, 1997. This Act to prevail if conflict relating to nonsubstantive additions and corrections with another Act of the 75th Regular Session. SECTION 9. Emergency clause. EXPLANATION OF AMENDMENT The amendment to H.B. 951 is in response to an April 9, 1997 opinion, (ORD-654) issued by the Attorney General recommending the "Legislature consider amending the Open Records Act to include requests made through electronic mail or through some other electronic media. This amendment makes it clear in the law, that open records requests may be made through electronic medium.