1-1                                   AN ACT

 1-2     relating to the Texas open records law.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 552.108, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 552.108.  EXCEPTION: CERTAIN LAW ENFORCEMENT AND

 1-7     PROSECUTORIAL INFORMATION.  (a)  Information held by a law

 1-8     enforcement agency or prosecutor that deals with the detection,

 1-9     investigation, or prosecution of crime is excepted from the

1-10     requirements of Section 552.021 if:

1-11                 (1)  release of the information would interfere with

1-12     the detection, investigation, or prosecution of crime;

1-13                 (2)  it is information that deals with the detection,

1-14     investigation, or prosecution of crime only in relation to an

1-15     investigation that did not result in conviction or deferred

1-16     adjudication; or

1-17                 (3)  it is information that:

1-18                       (A)  is prepared by an attorney representing the

1-19     state in anticipation of or in the course of preparing for criminal

1-20     litigation; or

1-21                       (B)  reflects the mental impressions or legal

1-22     reasoning of an attorney representing the state.

1-23           (b)  An internal record or notation of a law enforcement

1-24     agency or prosecutor that is maintained for internal use in matters

 2-1     relating to law enforcement or prosecution is excepted from the

 2-2     requirements of Section 552.021 if:

 2-3                 (1)  release of the internal record or notation would

 2-4     interfere with law enforcement or prosecution;

 2-5                 (2)  the internal record or notation relates to law

 2-6     enforcement only in relation to an investigation that did not

 2-7     result in conviction or deferred adjudication; or

 2-8                 (3)  the internal record or notation:

 2-9                       (A)  is prepared by an attorney representing the

2-10     state in anticipation of or in the course of preparing for criminal

2-11     litigation; or

2-12                       (B)  reflects the mental impressions or legal

2-13     reasoning of an attorney representing the state.

2-14           (c)  This section does not except from the requirements of

2-15     Section 552.021 information that is basic information about an

2-16     arrested person, an arrest, or a crime.

2-17           SECTION 2.  Section 552.221(d), Government Code, is amended

2-18     to read as follows:

2-19           (d)  If an officer for public information cannot produce

2-20     public information for inspection or duplication within 10 business

2-21     [calendar] days after the date the information is requested under

2-22     Subsection (a), the officer shall certify that fact in writing to

2-23     the requestor and set a date and hour within a reasonable time when

2-24     the information will be available for inspection or duplication.

2-25           SECTION 3.  Section 552.230, Government Code, is amended to

2-26     read as follows:

2-27           Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION AND COPYING

 3-1     OF PUBLIC INFORMATION.  (a)  A governmental body may promulgate

 3-2     reasonable rules of procedure under which public information may be

 3-3     inspected and copied efficiently, safely, and without delay.

 3-4           (b)  A rule promulgated under Subsection (a) may not be

 3-5     inconsistent with any provision of this chapter.

 3-6           SECTION 4.  Subchapter F, Chapter 552, Government Code, is

 3-7     amended to read as follows:

 3-8            SUBCHAPTER F.  CHARGES FOR PROVIDING [COST OF] COPIES

 3-9                            OF PUBLIC INFORMATION

3-10           Sec. 552.261.  CHARGE FOR PROVIDING [DETERMINING COST OF]

3-11     COPIES OF PUBLIC INFORMATION.  (a)  The charge for providing [cost

3-12     of obtaining] a copy of public information shall be an amount that

3-13     reasonably includes all costs related to reproducing the public

3-14     information, including costs of materials, labor, and overhead.  If

3-15     a request is for 50 or fewer pages of paper records, the charge for

3-16     providing the copy of the public information may not include costs

3-17     of materials, labor, or overhead, but shall be limited to the

3-18     photocopying costs, unless the pages to be photocopied [copied] are

3-19     located in:

3-20                 (1)  more than one building; or

3-21                 (2)  a remote storage facility.

3-22           (b)  If the charge for providing a copy of public information

3-23     includes costs of labor, the requestor may require the governmental

3-24     body's officer for public information or the officer's agent to

3-25     provide the requestor with a written statement as to the amount of

3-26     time that was required to produce and provide the copy.  The

3-27     statement must be signed by the officer for public information or

 4-1     the officer's agent and the officer's or the agent's name must be

 4-2     typed or legibly printed below the signature.  A charge may not be

 4-3     imposed for providing the written statement to the requestor.

 4-4           [Sec. 552.2611.  ][Charges for Public Records by State Agency][.

 4-5     (a)  The General Services Commission by rule shall specify the

 4-6     methods and procedures that a state agency may use in determining

 4-7     the amounts that the agency should charge to recover the full cost

 4-8     to the agency of providing copies of public records under this

 4-9     chapter.]

4-10           [(b)  Each state agency by rule shall specify the charges the

4-11     agency will make for copies of public records.  A state agency may

4-12     establish a charge for a copy of a public record that is equal to

4-13     the full cost to the agency of providing the copy.]

4-14           [(c)  A state agency shall pay to the comptroller for deposit

4-15     in an unobligated account designated by the comptroller in the

4-16     general revenue fund all money collected by the agency for

4-17     providing copies of public records.]

4-18           [(d)  Of the total amount of money deposited in the general

4-19     revenue fund under Subsection (c), the comptroller may transfer 25

4-20     percent of the money collected for providing copies of mailing

4-21     lists and 15 percent of the money collected for providing copies of

4-22     other public records to the general revenue fund.]

4-23           [(e)  The comptroller shall adopt rules to administer

4-24     Subsections (c) and (d).]

4-25           [(f)  In this section, "state agency" has the meaning

4-26     assigned by Section 1.02, State Purchasing and General Services Act

4-27     (Article 601b, Vernon's Texas Civil Statutes).]

 5-1           Sec. 552.262.  Rules of the General Services Commission.

 5-2     (a)  The General Services Commission shall adopt rules for use by

 5-3     each governmental body in determining charges for providing copies

 5-4     of public information under this subchapter.  The rules adopted by

 5-5     the General Services Commission shall be used by each governmental

 5-6     body in determining charges for providing copies of public

 5-7     information, except to the extent that other law provides for

 5-8     charges for specific kinds of public information.  The charges for

 5-9     providing copies of public information may not be excessive and may

5-10     not exceed the actual cost of producing the information.  A

5-11     governmental body, other than an agency of state government, may

5-12     determine its own charges for providing copies of [producing]

5-13     public information but shall not charge an amount that is greater

5-14     [more] than [a] 25 percent more than the amount [variance from the

5-15     rules] established by the General Services Commission unless the

5-16     governmental body requests an exemption under Subsection (c).

5-17           (b)  The rules of the General Services Commission shall

5-18     prescribe the methods for computing the charges for providing

5-19     copies of public information in paper, electronic, and other kinds

5-20     of media.  The rules shall establish costs for various components

5-21     of charges for providing copies of public information that shall be

5-22     used by each governmental body in providing copies of public

5-23     information.

5-24           (c)  A governmental body may request that it be exempt from

5-25     part or all of the rules adopted by the General Services Commission

5-26     for determining charges for providing copies of public information.

5-27     The request must be made in writing to the General Services

 6-1     Commission and must state the reason for the exemption.  If the

 6-2     General Services Commission determines that good cause exists for

 6-3     exempting a governmental body from a part or all of the rules, the

 6-4     commission shall give written notice of the determination to the

 6-5     governmental body within 90 days of the request.  On receipt of the

 6-6     determination, the governmental body may amend its charges for

 6-7     providing copies of public information according to the

 6-8     determination of the General Services Commission.

 6-9           (d)  The General Services Commission shall publish annually

6-10     in the Texas Register a list of the governmental bodies that have

6-11     authorization from the General Services Commission to adopt any

6-12     modified rules for determining the cost of providing copies of

6-13     public information.

6-14           (e)  The rules of the General Services Commission do not

6-15     apply to a state governmental body that is not a state agency for

6-16     purposes of Subtitle D, Title 10.

6-17           Sec. 552.263.  Bond for Payment of Costs or Cash Prepayment

6-18     for Preparation of COPY OF Public Information.  (a)  An officer for

6-19     public information or the officer's agent may require a deposit or

6-20     bond for payment of anticipated costs for the preparation of a copy

6-21     of public information if the charge for providing the copy of the

6-22     public information specifically requested by the requestor is

6-23     estimated by the governmental body to exceed $100.

6-24           (b)  The officer for public information or the officer's

6-25     agent may not require a deposit or bond be paid under Subsection

6-26     (a) as a down payment for copies of public information that the

6-27     requestor may request in the future.

 7-1           Sec. 552.264.  Copy of Public Information Requested by Member

 7-2     of Legislature.  One copy of public information that is requested

 7-3     from a state agency by a member of the legislature under Section

 7-4     552.008 [in the performance of the member's duties] shall be

 7-5     provided without charge.

 7-6           Sec. 552.265.  CHARGE FOR Certified Record Provided by

 7-7     District or County Clerk.  The charge for providing a copy made by

 7-8     [in] a district or county clerk's office shall [may not] be [more

 7-9     than the actual cost of copies, as provided by Sections 552.261 and

7-10     552.262, unless a certified record,] the charge provided [cost of

7-11     which is set] by law[, is requested].

7-12           Sec. 552.266.  CHARGE FOR Copy of Public Information Provided

7-13     by Municipal Court Clerk.  The charge for providing a copy made by

7-14     a municipal court clerk shall be the charge provided by municipal

7-15     ordinance.

7-16           Sec. 552.267.  Waiver or Reduction of CHARGE [FEE] FOR

7-17     PROVIDING Copy of Public Information.  (a)  A governmental body

7-18     shall provide [furnish] a copy of public information without charge

7-19     or at a reduced charge if the governmental body determines that

7-20     waiver or reduction of the charge [fee] is in the public interest

7-21     because providing the copy of [furnishing] the information

7-22     primarily benefits the general public.

7-23           (b)  If the cost to a governmental body of processing the

7-24     collection of a charge for providing a copy of public information

7-25     will exceed the amount of the charge, the governmental body may

7-26     waive the charge.

7-27           Sec. 552.268.  Efficient Use of Public Resources.  A

 8-1     governmental body shall make reasonably efficient use of supplies

 8-2     and other resources to avoid excessive reproduction costs.

 8-3           Sec. 552.269.  Overcharge or Overpayment for COPY OF Public

 8-4     Information.  (a)  A person who believes the person has been

 8-5     overcharged for being provided with a copy of public information

 8-6     may complain to the General Services Commission in writing of the

 8-7     alleged overcharge, setting forth the reasons why the person

 8-8     believes the charges are excessive.  The General Services

 8-9     Commission shall review the complaint and make a determination in

8-10     writing as to the appropriate charge for providing the copy of the

8-11     requested information.  The governmental body shall respond to the

8-12     General Services Commission to any written questions asked of the

8-13     governmental body by the commission regarding the charges [made]

8-14     for providing the copy of the public information.  The response

8-15     must be made to the General Services Commission within 10 days

8-16     after the date the questions are received by the governmental body.

8-17     If the General Services Commission determines that a governmental

8-18     body has overcharged for providing the copy of requested public

8-19     information, the governmental body shall promptly adjust its

8-20     charges in accordance with the determination of the General

8-21     Services Commission.

8-22           (b)  A person who overpays for a copy of public information

8-23     because a governmental body refuses or fails to follow the rules

8-24     for charges adopted by the General Services Commission is entitled

8-25     to recover three times the amount of the overcharge if the

8-26     governmental body did not act in good faith in computing the costs.

8-27           Sec. 552.270.  CHARGE FOR [COST OF] Government Publication.

 9-1     (a)  This [The cost provisions of this] subchapter does [do] not

 9-2     apply to a publication that is compiled and printed by or for a

 9-3     governmental body for public dissemination.  If the cost of the

 9-4     publication is not determined by state law, a governmental body may

 9-5     determine the charge [to be made] for providing the publication.

 9-6           (b)  This section does not prohibit a governmental body from

 9-7     providing a publication free of charge if state law does not

 9-8     require that a certain charge be made.

 9-9           Sec. 552.271.  Inspection of PUBLIC INFORMATION IN Paper

9-10     RECORD if Copy Not Requested.  A charge may not be imposed for

9-11     making available for inspection any public information that exists

9-12     in a paper record, except that if a requested page contains

9-13     confidential information that must be edited from the record before

9-14     the information can be made available for inspection, the

9-15     governmental body may charge for the cost of making a photocopy

9-16     [copy] of the page from which confidential information must be

9-17     edited.  No charge other than the cost of the photocopy [copy] may

9-18     be imposed.

9-19           Sec. 552.272.  Inspection of Electronic Record if Copy Not

9-20     Requested.  (a)  In response to a request to inspect information

9-21     that exists in an electronic medium and that is not available

9-22     directly on-line to the requestor, a charge may not be imposed for

9-23     access to the information, unless complying with the request will

9-24     require programming or manipulation of data.  If programming or

9-25     manipulation of data is required, the governmental body shall

9-26     notify the requestor before assembling the information and provide

9-27     the requestor with an estimate of charges that will be imposed to

 10-1    make the information available.  A charge under this section must

 10-2    be assessed in accordance with this subchapter.

 10-3          (b)  If public information exists in an electronic form on a

 10-4    computer owned or leased by a governmental body and if the public

 10-5    has direct access to that computer through a computer network or

 10-6    other means, the electronic form of the information may be

 10-7    electronically copied from that computer without charge if

 10-8    accessing the information does not require processing, programming,

 10-9    or manipulation on the government-owned or government-leased

10-10    computer before the information is copied.

10-11          (c)  If public information exists in an electronic form on a

10-12    computer owned or leased by a governmental body and if the public

10-13    has direct access to that computer through a computer network or

10-14    other means and the information requires processing, programming,

10-15    or manipulation before it can be electronically copied, a

10-16    governmental body may impose charges in accordance with this

10-17    subchapter.

10-18          (d)  If information is created or kept in an electronic form,

10-19    a governmental body is encouraged to explore options to separate

10-20    out confidential information and to make public information

10-21    available to the public through electronic access through a

10-22    computer network or by other means.

10-23          Sec. 552.274 [552.270].  Report by State Agency on Cost of

10-24    Copies.  (a)  Not later than September  [December] 1 of each

10-25    odd-numbered [even-numbered] year, each state agency shall provide

10-26    [file a report with] the [Legislative Budget Board, comptroller,

10-27    and] General Services Commission detailed information, for use by

 11-1    the commission in preparing the report required by Sections 2(c)

 11-2    and (d), Chapter 428, Acts of the 73rd Legislature, Regular

 11-3    Session, 1993, describing the agency's procedures for charging and

 11-4    collecting fees for providing copies of public information

 11-5    [records].

 11-6          (b)  In this section, "state agency" has the meaning assigned

 11-7    by Sections 2151.002(2)(A) and (C) [Sections 1.02(2)(A) and (C),

 11-8    State Purchasing and General Services Act (Article 601b, Vernon's

 11-9    Texas Civil Statutes)].

11-10          SECTION 5.  Section 552.301, Government Code, is amended to

11-11    read as follows:

11-12          Sec. 552.301.  REQUEST FOR ATTORNEY GENERAL DECISION.  (a)  A

11-13    governmental body that receives a written request for information

11-14    that it wishes to withhold from public disclosure and that it

11-15    considers to be within one of the exceptions under Subchapter C

11-16    must ask for a decision from the attorney general about whether the

11-17    information is within that exception if there has not been a

11-18    previous determination about whether the information falls within

11-19    one of the exceptions.  The governmental body must ask for the

11-20    attorney general's decision and state the exceptions that apply

11-21    within a reasonable time but not later than the 10th business

11-22    [calendar] day after the date of receiving the written request.

11-23    For purposes of this subchapter, a written request includes a

11-24    request made in writing that is sent to the officer for public

11-25    information, or the person designated by that officer, by

11-26    electronic mail or facsimile transmission.

11-27          (b)  A governmental body that requests an attorney general

 12-1    decision under Subsection (a)  must within a reasonable time but

 12-2    not later than the 15th business [calendar] day after the date of

 12-3    receiving the written request:

 12-4                (1)  submit to the attorney general written comments

 12-5    stating the reasons why the stated exceptions apply that would

 12-6    allow the information to be withheld;

 12-7                (2)  submit to the attorney general a copy of the

 12-8    written request for information;

 12-9                (3)  submit to the attorney general a copy of the

12-10    specific information requested, or submit representative samples of

12-11    the information if a voluminous amount of information was

12-12    requested; and

12-13                (4)  label that copy of the specific information, or of

12-14    the representative samples, to indicate which exceptions apply to

12-15    which parts of the copy.

12-16          SECTION 6.  Section 552.027, Government Code, as added by

12-17    Chapter 302, Acts of the 74th Legislature, Regular Session, 1995,

12-18    is renumbered as Section 552.028, Government Code.

12-19          SECTION 7.  Section 552.124, Government Code, as added by

12-20    Chapter 219, Acts of the 74th Legislature, Regular Session, 1995,

12-21    is renumbered as Section 552.125, Government Code.

12-22          SECTION 8.  Section 552.124, Government Code, as added by

12-23    Chapter 260, Acts of the 74th Legislature, Regular Session, 1995,

12-24    is renumbered as Section 552.126, Government Code.

12-25          SECTION 9.  Sections 552.324 and 552.325, Government Code, as

12-26    added by Chapter 578, Acts of the 74th Legislature, Regular

12-27    Session, 1995, are repealed because those sections duplicate the

 13-1    same Government Code sections as added by Chapter 1035, Acts of the

 13-2    74th Legislature, Regular Session, 1995.

 13-3          SECTION 10.  Section 3, Chapter 428, Acts of the 73rd

 13-4    Legislature, Regular Session, 1993, is repealed.

 13-5          SECTION 11.  (a)  This Act takes effect September 1, 1997.

 13-6          (b)  To the extent of any conflict, this Act prevails over

 13-7    another Act of the 75th Legislature, Regular Session, 1997,

 13-8    relating to nonsubstantive additions to and corrections in enacted

 13-9    codes.

13-10          (c)  The change in law made by this Act to Section 552.108,

13-11    Government Code, applies to information, records, and notations

13-12    collected, made, assembled, or maintained on, before, or after the

13-13    effective date of this Act.

13-14          SECTION 12.  The importance of this legislation and the

13-15    crowded condition of the calendars in both houses create an

13-16    emergency and an imperative public necessity that the

13-17    constitutional rule requiring bills to be read on three several

13-18    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 951 was passed by the House on May

         15, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 951 on May 28, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 951 on June 1, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 951 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 951 on June 1, 1997, by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor