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