1-1 By: Turner of Harris (Senate Sponsor - Wentworth) H.B. No. 951
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Texas open records law.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 552.230, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 552.230. RULES OF PROCEDURE FOR INSPECTION AND COPYING
1-13 OF PUBLIC INFORMATION. (a) A governmental body may promulgate
1-14 reasonable rules of procedure under which public information may be
1-15 inspected and copied efficiently, safely, and without delay.
1-16 (b) A rule promulgated under Subsection (a) may not be
1-17 inconsistent with any provision of this chapter.
1-18 SECTION 2. Subchapter F, Chapter 552, Government Code, is
1-19 amended to read as follows:
1-20 SUBCHAPTER F. CHARGES FOR PROVIDING [COST OF] COPIES
1-21 OF PUBLIC INFORMATION
1-22 Sec. 552.261. CHARGE FOR PROVIDING [DETERMINING COST OF]
1-23 COPIES OF PUBLIC INFORMATION. (a) The charge for providing [cost
1-24 of obtaining] a copy of public information shall be an amount that
1-25 reasonably includes all costs related to reproducing the public
1-26 information, including costs of materials, labor, and overhead. If
1-27 a request is for 50 or fewer pages of paper records, the charge for
1-28 providing the copy of the public information may not include costs
1-29 of materials, labor, or overhead, but shall be limited to the
1-30 photocopying costs, unless the pages to be photocopied [copied] are
1-31 located in:
1-32 (1) more than one building; or
1-33 (2) a remote storage facility.
1-34 (b) If the charge for providing a copy of public information
1-35 includes costs of labor, the requestor may require the governmental
1-36 body's officer for public information or the officer's agent to
1-37 provide the requestor with a written statement as to the amount of
1-38 time that was required to produce and provide the copy. The
1-39 statement must be signed by the officer for public information or
1-40 the officer's agent and the officer's or the agent's name must be
1-41 typed or legibly printed below the signature. A charge may not be
1-42 imposed for providing the written statement to the requestor.
1-43 [Sec. 552.2611. ][Charges for Public Records by State Agency][.
1-44 (a) The General Services Commission by rule shall specify the
1-45 methods and procedures that a state agency may use in determining
1-46 the amounts that the agency should charge to recover the full cost
1-47 to the agency of providing copies of public records under this
1-48 chapter.]
1-49 [(b) Each state agency by rule shall specify the charges the
1-50 agency will make for copies of public records. A state agency may
1-51 establish a charge for a copy of a public record that is equal to
1-52 the full cost to the agency of providing the copy.]
1-53 [(c) A state agency shall pay to the comptroller for deposit
1-54 in an unobligated account designated by the comptroller in the
1-55 general revenue fund all money collected by the agency for
1-56 providing copies of public records.]
1-57 [(d) Of the total amount of money deposited in the general
1-58 revenue fund under Subsection (c), the comptroller may transfer 25
1-59 percent of the money collected for providing copies of mailing
1-60 lists and 15 percent of the money collected for providing copies of
1-61 other public records to the general revenue fund.]
1-62 [(e) The comptroller shall adopt rules to administer
1-63 Subsections (c) and (d).]
1-64 [(f) In this section, "state agency" has the meaning
2-1 assigned by Section 1.02, State Purchasing and General Services Act
2-2 (Article 601b, Vernon's Texas Civil Statutes).]
2-3 Sec. 552.262. Rules of the General Services Commission.
2-4 (a) The General Services Commission shall adopt rules for use by
2-5 each governmental body in determining charges for providing copies
2-6 of public information under this subchapter. The rules adopted by
2-7 the General Services Commission shall be used by each governmental
2-8 body in determining charges for providing copies of public
2-9 information, except to the extent that other law provides for
2-10 charges for specific kinds of public information. The charges for
2-11 providing copies of public information may not be excessive and may
2-12 not exceed the actual cost of producing the information. A
2-13 governmental body, other than an agency of state government, may
2-14 determine its own charges for providing copies of [producing]
2-15 public information but shall not charge an amount that is greater
2-16 [more] than [a] 25 percent more than the amount [variance from the
2-17 rules] established by the General Services Commission unless the
2-18 governmental body requests an exemption under Subsection (c).
2-19 (b) The rules of the General Services Commission shall
2-20 prescribe the methods for computing the charges for providing
2-21 copies of public information in paper, electronic, and other kinds
2-22 of media. The rules shall establish costs for various components
2-23 of charges for providing copies of public information that shall be
2-24 used by each governmental body in providing copies of public
2-25 information.
2-26 (c) A governmental body may request that it be exempt from
2-27 part or all of the rules adopted by the General Services Commission
2-28 for determining charges for providing copies of public information.
2-29 The request must be made in writing to the General Services
2-30 Commission and must state the reason for the exemption. If the
2-31 General Services Commission determines that good cause exists for
2-32 exempting a governmental body from a part or all of the rules, the
2-33 commission shall give written notice of the determination to the
2-34 governmental body within 90 days of the request. On receipt of the
2-35 determination, the governmental body may amend its charges for
2-36 providing copies of public information according to the
2-37 determination of the General Services Commission.
2-38 (d) The General Services Commission shall publish annually
2-39 in the Texas Register a list of the governmental bodies that have
2-40 authorization from the General Services Commission to adopt any
2-41 modified rules for determining the cost of providing copies of
2-42 public information.
2-43 (e) The rules of the General Services Commission do not
2-44 apply to a state governmental body that is not a state agency for
2-45 purposes of Subtitle D, Title 10.
2-46 Sec. 552.263. Bond for Payment of Costs or Cash Prepayment
2-47 for Preparation of COPY OF Public Information. (a) An officer for
2-48 public information or the officer's agent may require a deposit or
2-49 bond for payment of anticipated costs for the preparation of a copy
2-50 of public information if the charge for providing the copy of the
2-51 public information specifically requested by the requestor is
2-52 estimated by the governmental body to exceed $100.
2-53 (b) The officer for public information or the officer's
2-54 agent may not require a deposit or bond be paid under Subsection
2-55 (a) as a down payment for copies of public information that the
2-56 requestor may request in the future.
2-57 Sec. 552.264. Copy of Public Information Requested by Member
2-58 of Legislature. One copy of public information that is requested
2-59 from a state agency by a member of the legislature under Section
2-60 552.008 [in the performance of the member's duties] shall be
2-61 provided without charge.
2-62 Sec. 552.265. CHARGE FOR Certified Record Provided by
2-63 District or County Clerk. The charge for providing a copy made by
2-64 [in] a district or county clerk's office shall [may not] be [more
2-65 than the actual cost of copies, as provided by Sections 552.261 and
2-66 552.262, unless a certified record,] the charge provided [cost of
2-67 which is set] by law[, is requested].
2-68 Sec. 552.266. CHARGE FOR Copy of Public Information Provided
2-69 by Municipal Court Clerk. The charge for providing a copy made by
3-1 a municipal court clerk shall be the charge provided by municipal
3-2 ordinance.
3-3 Sec. 552.267. Waiver or Reduction of CHARGE [FEE] FOR
3-4 PROVIDING Copy of Public Information. (a) A governmental body
3-5 shall provide [furnish] a copy of public information without charge
3-6 or at a reduced charge if the governmental body determines that
3-7 waiver or reduction of the charge [fee] is in the public interest
3-8 because providing the copy of [furnishing] the information
3-9 primarily benefits the general public.
3-10 (b) If the cost to a governmental body of processing the
3-11 collection of a charge for providing a copy of public information
3-12 will exceed the amount of the charge, the governmental body may
3-13 waive the charge.
3-14 Sec. 552.268. Efficient Use of Public Resources. A
3-15 governmental body shall make reasonably efficient use of supplies
3-16 and other resources to avoid excessive reproduction costs.
3-17 Sec. 552.269. Overcharge or Overpayment for COPY OF Public
3-18 Information. (a) A person who believes the person has been
3-19 overcharged for being provided with a copy of public information
3-20 may complain to the General Services Commission in writing of the
3-21 alleged overcharge, setting forth the reasons why the person
3-22 believes the charges are excessive. The General Services
3-23 Commission shall review the complaint and make a determination in
3-24 writing as to the appropriate charge for providing the copy of the
3-25 requested information. The governmental body shall respond to the
3-26 General Services Commission to any written questions asked of the
3-27 governmental body by the commission regarding the charges [made]
3-28 for providing the copy of the public information. The response
3-29 must be made to the General Services Commission within 10 days
3-30 after the date the questions are received by the governmental body.
3-31 If the General Services Commission determines that a governmental
3-32 body has overcharged for providing the copy of requested public
3-33 information, the governmental body shall promptly adjust its
3-34 charges in accordance with the determination of the General
3-35 Services Commission.
3-36 (b) A person who overpays for a copy of public information
3-37 because a governmental body refuses or fails to follow the rules
3-38 for charges adopted by the General Services Commission is entitled
3-39 to recover three times the amount of the overcharge if the
3-40 governmental body did not act in good faith in computing the costs.
3-41 Sec. 552.270. CHARGE FOR [COST OF] Government Publication.
3-42 (a) This [The cost provisions of this] subchapter does [do] not
3-43 apply to a publication that is compiled and printed by or for a
3-44 governmental body for public dissemination. If the cost of the
3-45 publication is not determined by state law, a governmental body may
3-46 determine the charge [to be made] for providing the publication.
3-47 (b) This section does not prohibit a governmental body from
3-48 providing a publication free of charge if state law does not
3-49 require that a certain charge be made.
3-50 Sec. 552.271. Inspection of PUBLIC INFORMATION IN Paper
3-51 RECORD if Copy Not Requested. A charge may not be imposed for
3-52 making available for inspection any public information that exists
3-53 in a paper record, except that if a requested page contains
3-54 confidential information that must be edited from the record before
3-55 the information can be made available for inspection, the
3-56 governmental body may charge for the cost of making a photocopy
3-57 [copy] of the page from which confidential information must be
3-58 edited. No charge other than the cost of the photocopy [copy] may
3-59 be imposed.
3-60 Sec. 552.272. Inspection of Electronic Record if Copy Not
3-61 Requested. (a) In response to a request to inspect information
3-62 that exists in an electronic medium and that is not available
3-63 directly on-line to the requestor, a charge may not be imposed for
3-64 access to the information, unless complying with the request will
3-65 require programming or manipulation of data. If programming or
3-66 manipulation of data is required, the governmental body shall
3-67 notify the requestor before assembling the information and provide
3-68 the requestor with an estimate of charges that will be imposed to
3-69 make the information available. A charge under this section must
4-1 be assessed in accordance with this subchapter.
4-2 (b) If public information exists in an electronic form on a
4-3 computer owned or leased by a governmental body and if the public
4-4 has direct access to that computer through a computer network or
4-5 other means, the electronic form of the information may be
4-6 electronically copied from that computer without charge if
4-7 accessing the information does not require processing, programming,
4-8 or manipulation on the government-owned or government-leased
4-9 computer before the information is copied.
4-10 (c) If public information exists in an electronic form on a
4-11 computer owned or leased by a governmental body and if the public
4-12 has direct access to that computer through a computer network or
4-13 other means and the information requires processing, programming,
4-14 or manipulation before it can be electronically copied, a
4-15 governmental body may impose charges in accordance with this
4-16 subchapter.
4-17 (d) If information is created or kept in an electronic form,
4-18 a governmental body is encouraged to explore options to separate
4-19 out confidential information and to make public information
4-20 available to the public through electronic access through a
4-21 computer network or by other means.
4-22 Sec. 552.274 [552.270]. Report by State Agency on Cost of
4-23 Copies. (a) Not later than September [December] 1 of each
4-24 odd-numbered [even-numbered] year, each state agency shall provide
4-25 [file a report with] the [Legislative Budget Board, comptroller,
4-26 and] General Services Commission detailed information, for use by
4-27 the commission in preparing the report required by Section 2(c),
4-28 Chapter 428, Acts of the 73rd Legislature, Regular Session, 1993,
4-29 describing the agency's procedures for charging and collecting fees
4-30 for providing copies of public information [records].
4-31 (b) In this section, "state agency" has the meaning assigned
4-32 by Sections 2151.002(2)(A) and (C) [Sections 1.02(2)(A) and (C),
4-33 State Purchasing and General Services Act (Article 601b, Vernon's
4-34 Texas Civil Statutes)].
4-35 SECTION 3. Section 552.301(a), Government Code, is amended
4-36 to read as follows:
4-37 (a) A governmental body that receives a written request for
4-38 information that it wishes to withhold from public disclosure and
4-39 that it considers to be within one of the exceptions under
4-40 Subchapter C must ask for a decision from the attorney general
4-41 about whether the information is within that exception if there has
4-42 not been a previous determination about whether the information
4-43 falls within one of the exceptions. The governmental body must ask
4-44 for the attorney general's decision and state the exceptions that
4-45 apply within a reasonable time but not later than the 10th calendar
4-46 day after the date of receiving the written request. For purposes
4-47 of this subchapter, a written request includes a request made in
4-48 writing that is sent to the governmental body electronically by a
4-49 means such as electronic mail, other electronic media, or facsimile
4-50 transmission.
4-51 SECTION 4. Section 552.027, Government Code, as added by
4-52 Chapter 302, Acts of the 74th Legislature, Regular Session, 1995,
4-53 is renumbered as Section 552.028, Government Code.
4-54 SECTION 5. Section 552.124, Government Code, as added by
4-55 Chapter 219, Acts of the 74th Legislature, Regular Session, 1995,
4-56 is renumbered as Section 552.125, Government Code.
4-57 SECTION 6. Section 552.124, Government Code, as added by
4-58 Chapter 260, Acts of the 74th Legislature, Regular Session, 1995,
4-59 is renumbered as Section 552.126, Government Code.
4-60 SECTION 7. Sections 552.324 and 552.325, Government Code, as
4-61 added by Chapter 578, Acts of the 74th Legislature, Regular
4-62 Session, 1995, are repealed because those sections duplicate the
4-63 same Government Code sections as added by Chapter 1035, Acts of the
4-64 74th Legislature, Regular Session, 1995.
4-65 SECTION 8. Section 3, Chapter 428, Acts of the 73rd
4-66 Legislature, Regular Session, 1993, is repealed.
4-67 SECTION 9. (a) This Act takes effect September 1, 1997.
4-68 (b) To the extent of any conflict, this Act prevails over
4-69 another Act of the 75th Legislature, Regular Session, 1997,
5-1 relating to nonsubstantive additions to and corrections in enacted
5-2 codes.
5-3 SECTION 10. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.
5-8 * * * * *