By Turner of Harris H.B. No. 951
75R2657 JD-F
A BILL TO BE ENTITLED
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 552.230, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION AND COPYING
1-7 OF PUBLIC INFORMATION. (a) A governmental body may promulgate
1-8 reasonable rules of procedure under which public information may be
1-9 inspected and copied efficiently, safely, and without delay.
1-10 (b) A rule promulgated under Subsection (a) may not be
1-11 inconsistent with any provision of this chapter.
1-12 SECTION 2. Subchapter F, Chapter 552, Government Code, is
1-13 amended to read as follows:
1-14 SUBCHAPTER F. CHARGES FOR PROVIDING [COST OF] COPIES
1-15 OF PUBLIC INFORMATION
1-16 Sec. 552.261. CHARGE FOR PROVIDING [DETERMINING COST OF]
1-17 COPIES OF PUBLIC INFORMATION. (a) The charge for providing [cost
1-18 of obtaining] a copy of public information shall be an amount that
1-19 reasonably includes all costs related to reproducing the public
1-20 information, including costs of materials, labor, and overhead. If
1-21 a request is for 50 or fewer pages of paper records, the charge for
1-22 providing the copy of the public information may not include costs
1-23 of materials, labor, or overhead, but shall be limited to the
1-24 photocopying costs, unless the pages to be photocopied [copied] are
2-1 located in:
2-2 (1) more than one building; or
2-3 (2) a remote storage facility.
2-4 (b) If the charge for providing a copy of public information
2-5 includes costs of labor, the requestor may require the governmental
2-6 body's officer for public information or the officer's agent to
2-7 provide the requestor with a written statement as to the amount of
2-8 time that was required to produce and provide the copy. The
2-9 statement must be signed by the officer for public information or
2-10 the officer's agent and the officer's or the agent's name must be
2-11 typed or legibly printed below the signature. A charge may not be
2-12 imposed for providing the written statement to the requestor.
2-13 [Sec. 552.2611. ][Charges for Public Records by State Agency][.
2-14 (a) The General Services Commission by rule shall specify the
2-15 methods and procedures that a state agency may use in determining
2-16 the amounts that the agency should charge to recover the full cost
2-17 to the agency of providing copies of public records under this
2-18 chapter.]
2-19 [(b) Each state agency by rule shall specify the charges the
2-20 agency will make for copies of public records. A state agency may
2-21 establish a charge for a copy of a public record that is equal to
2-22 the full cost to the agency of providing the copy.]
2-23 [(c) A state agency shall pay to the comptroller for deposit
2-24 in an unobligated account designated by the comptroller in the
2-25 general revenue fund all money collected by the agency for
2-26 providing copies of public records.]
2-27 [(d) Of the total amount of money deposited in the general
3-1 revenue fund under Subsection (c), the comptroller may transfer 25
3-2 percent of the money collected for providing copies of mailing
3-3 lists and 15 percent of the money collected for providing copies of
3-4 other public records to the general revenue fund.]
3-5 [(e) The comptroller shall adopt rules to administer
3-6 Subsections (c) and (d).]
3-7 [(f) In this section, "state agency" has the meaning
3-8 assigned by Section 1.02, State Purchasing and General Services Act
3-9 (Article 601b, Vernon's Texas Civil Statutes).]
3-10 Sec. 552.262. Rules of the General Services Commission.
3-11 (a) The General Services Commission shall adopt rules for use by
3-12 each governmental body in determining charges for providing copies
3-13 of public information under this subchapter. The rules adopted by
3-14 the General Services Commission shall be used by each governmental
3-15 body in determining charges for providing copies of public
3-16 information, except to the extent that other law provides for
3-17 charges for specific kinds of public information. The charges for
3-18 providing copies of public information may not be excessive and may
3-19 not exceed the actual cost of producing the information. A
3-20 governmental body, other than an agency of state government, may
3-21 determine its own charges for providing copies of [producing]
3-22 public information but shall not charge an amount that is greater
3-23 [more] than [a] 25 percent more than the amount [variance from the
3-24 rules] established by the General Services Commission unless the
3-25 governmental body requests an exemption under Subsection (c).
3-26 (b) The rules of the General Services Commission shall
3-27 prescribe the methods for computing the charges for providing
4-1 copies of public information in paper, electronic, and other kinds
4-2 of media. The rules shall establish costs for various components
4-3 of charges for providing copies of public information that shall be
4-4 used by each governmental body in providing copies of public
4-5 information.
4-6 (c) A governmental body may request that it be exempt from
4-7 part or all of the rules adopted by the General Services Commission
4-8 for determining charges for providing copies of public information.
4-9 The request must be made in writing to the General Services
4-10 Commission and must state the reason for the exemption. If the
4-11 General Services Commission determines that good cause exists for
4-12 exempting a governmental body from a part or all of the rules, the
4-13 commission shall give written notice of the determination to the
4-14 governmental body within 90 days of the request. On receipt of the
4-15 determination, the governmental body may amend its charges for
4-16 providing copies of public information according to the
4-17 determination of the General Services Commission.
4-18 (d) The General Services Commission shall publish annually
4-19 in the Texas Register a list of the governmental bodies that have
4-20 authorization from the General Services Commission to adopt any
4-21 modified rules for determining the cost of providing copies of
4-22 public information.
4-23 (e) The rules of the General Services Commission do not
4-24 apply to a state governmental body that is not a state agency for
4-25 purposes of Subtitle D, Title 10.
4-26 Sec. 552.263. Bond for Payment of Costs or Cash Prepayment
4-27 for Preparation of COPY OF Public Information. (a) An officer for
5-1 public information or the officer's agent may require a deposit or
5-2 bond for payment of anticipated costs for the preparation of a copy
5-3 of public information if the charge for providing the copy of the
5-4 public information specifically requested by the requestor is
5-5 estimated by the governmental body to exceed $100.
5-6 (b) The officer for public information or the officer's
5-7 agent may not require a deposit or bond be paid under Subsection
5-8 (a) as a down payment for copies of public information that the
5-9 requestor may request in the future.
5-10 Sec. 552.264. Copy of Public Information Requested by Member
5-11 of Legislature. One copy of public information that is requested
5-12 from a state agency by a member of the legislature under Section
5-13 552.008 [in the performance of the member's duties] shall be
5-14 provided without charge.
5-15 Sec. 552.265. CHARGE FOR Certified Record Provided by
5-16 District or County Clerk. The charge for providing a copy made by
5-17 [in] a district or county clerk's office shall [may not] be [more
5-18 than the actual cost of copies, as provided by Sections 552.261 and
5-19 552.262, unless a certified record,] the charge provided [cost of
5-20 which is set] by law[, is requested].
5-21 Sec. 552.266. CHARGE FOR Copy of Public Information Provided
5-22 by Municipal Court Clerk. The charge for providing a copy made by
5-23 a municipal court clerk shall be the charge provided by municipal
5-24 ordinance.
5-25 Sec. 552.267. Waiver or Reduction of CHARGE [FEE] FOR
5-26 PROVIDING Copy of Public Information. (a) A governmental body
5-27 shall provide [furnish] a copy of public information without charge
6-1 or at a reduced charge if the governmental body determines that
6-2 waiver or reduction of the charge [fee] is in the public interest
6-3 because providing the copy of [furnishing] the information
6-4 primarily benefits the general public.
6-5 (b) If the cost to a governmental body of processing the
6-6 collection of a charge for providing a copy of public information
6-7 will exceed the amount of the charge, the governmental body may
6-8 waive the charge.
6-9 Sec. 552.268. Efficient Use of Public Resources. A
6-10 governmental body shall make reasonably efficient use of supplies
6-11 and other resources to avoid excessive reproduction costs.
6-12 Sec. 552.269. Overcharge or Overpayment for COPY OF Public
6-13 Information. (a) A person who believes the person has been
6-14 overcharged for being provided with a copy of public information
6-15 may complain to the General Services Commission in writing of the
6-16 alleged overcharge, setting forth the reasons why the person
6-17 believes the charges are excessive. The General Services
6-18 Commission shall review the complaint and make a determination in
6-19 writing as to the appropriate charge for providing the copy of the
6-20 requested information. The governmental body shall respond to the
6-21 General Services Commission to any written questions asked of the
6-22 governmental body by the commission regarding the charges [made]
6-23 for providing the copy of the public information. The response
6-24 must be made to the General Services Commission within 10 days
6-25 after the date the questions are received by the governmental body.
6-26 If the General Services Commission determines that a governmental
6-27 body has overcharged for providing the copy of requested public
7-1 information, the governmental body shall promptly adjust its
7-2 charges in accordance with the determination of the General
7-3 Services Commission.
7-4 (b) A person who overpays for a copy of public information
7-5 because a governmental body refuses or fails to follow the rules
7-6 for charges adopted by the General Services Commission is entitled
7-7 to recover three times the amount of the overcharge if the
7-8 governmental body did not act in good faith in computing the costs.
7-9 Sec. 552.270. CHARGE FOR [COST OF] Government Publication.
7-10 (a) This [The cost provisions of this] subchapter does [do] not
7-11 apply to a publication that is compiled and printed by or for a
7-12 governmental body for public dissemination. If the cost of the
7-13 publication is not determined by state law, a governmental body may
7-14 determine the charge [to be made] for providing the publication.
7-15 (b) This section does not prohibit a governmental body from
7-16 providing a publication free of charge if state law does not
7-17 require that a certain charge be made.
7-18 Sec. 552.271. Inspection of PUBLIC INFORMATION IN Paper
7-19 RECORD if Copy Not Requested. A charge may not be imposed for
7-20 making available for inspection any public information that exists
7-21 in a paper record, except that if a requested page contains
7-22 confidential information that must be edited from the record before
7-23 the information can be made available for inspection, the
7-24 governmental body may charge for the cost of making a photocopy
7-25 [copy] of the page from which confidential information must be
7-26 edited. No charge other than the cost of the photocopy [copy] may
7-27 be imposed.
8-1 Sec. 552.272. Inspection of Electronic Record if Copy Not
8-2 Requested. (a) In response to a request to inspect information
8-3 that exists in an electronic medium and that is not available
8-4 directly on-line to the requestor, a charge may not be imposed for
8-5 access to the information, unless complying with the request will
8-6 require programming or manipulation of data. If programming or
8-7 manipulation of data is required, the governmental body shall
8-8 notify the requestor before assembling the information and provide
8-9 the requestor with an estimate of charges that will be imposed to
8-10 make the information available. A charge under this section must
8-11 be assessed in accordance with this subchapter.
8-12 (b) If public information exists in an electronic form on a
8-13 computer owned or leased by a governmental body and if the public
8-14 has direct access to that computer through a computer network or
8-15 other means, the electronic form of the information may be
8-16 electronically copied from that computer without charge if
8-17 accessing the information does not require processing, programming,
8-18 or manipulation on the government-owned or government-leased
8-19 computer before the information is copied.
8-20 (c) If public information exists in an electronic form on a
8-21 computer owned or leased by a governmental body and if the public
8-22 has direct access to that computer through a computer network or
8-23 other means and the information requires processing, programming,
8-24 or manipulation before it can be electronically copied, a
8-25 governmental body may impose charges in accordance with this
8-26 subchapter.
8-27 (d) If information is created or kept in an electronic form,
9-1 a governmental body is encouraged to explore options to separate
9-2 out confidential information and to make public information
9-3 available to the public through electronic access through a
9-4 computer network or by other means.
9-5 Sec. 552.274 [552.270]. Report by State Agency on Cost of
9-6 Copies. (a) Not later than September [December] 1 of each
9-7 odd-numbered [even-numbered] year, each state agency shall provide
9-8 [file a report with] the [Legislative Budget Board, comptroller,
9-9 and] General Services Commission detailed information, for use by
9-10 the commission in preparing the report required by Section 2(c),
9-11 Chapter 428, Acts of the 73rd Legislature, Regular Session, 1993,
9-12 describing the agency's procedures for charging and collecting fees
9-13 for providing copies of public information [records].
9-14 (b) In this section, "state agency" has the meaning assigned
9-15 by Sections 2151.002(2)(A) and (C) [Sections 1.02(2)(A) and (C),
9-16 State Purchasing and General Services Act (Article 601b, Vernon's
9-17 Texas Civil Statutes)].
9-18 SECTION 3. Section 552.027, Government Code, as added by
9-19 Chapter 302, Acts of the 74th Legislature, Regular Session, 1995,
9-20 is renumbered as Section 552.028, Government Code.
9-21 SECTION 4. Section 552.124, Government Code, as added by
9-22 Chapter 219, Acts of the 74th Legislature, Regular Session, 1995,
9-23 is renumbered as Section 552.125, Government Code.
9-24 SECTION 5. Section 552.124, Government Code, as added by
9-25 Chapter 260, Acts of the 74th Legislature, Regular Session, 1995,
9-26 is renumbered as Section 552.126, Government Code.
9-27 SECTION 6. Sections 552.324 and 552.325, Government Code, as
10-1 added by Chapter 578, Acts of the 74th Legislature, Regular
10-2 Session, 1995, are repealed because those sections duplicate the
10-3 same Government Code sections as added by Chapter 1035, Acts of the
10-4 74th Legislature, Regular Session, 1995.
10-5 SECTION 7. Section 3, Chapter 428, Acts of the 73rd
10-6 Legislature, Regular Session, 1993, is repealed.
10-7 SECTION 8. (a) This Act takes effect September 1, 1997.
10-8 (b) To the extent of any conflict, this Act prevails over
10-9 another Act of the 75th Legislature, Regular Session, 1997,
10-10 relating to nonsubstantive additions to and corrections in enacted
10-11 codes.
10-12 SECTION 9. The importance of this legislation and the
10-13 crowded condition of the calendars in both houses create an
10-14 emergency and an imperative public necessity that the
10-15 constitutional rule requiring bills to be read on three several
10-16 days in each house be suspended, and this rule is hereby suspended.