SRC-DPW S.B. 1040 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1040
By: Wentworth
State Affairs
3/24/1999
As Filed


DIGEST 

Currently, Texas law requires certain records to be made available for
public inspection.  The Senate Interim Committee on Public Information has
received testimony that such provisions have been used as a tool for
harassment.  This bill would allow governmental entities to charge for
personnel costs incurred in assembling public records for inspection if it
takes more than five hours to prepare the information and the information
is either more than five years old or fills 10 or more archival boxes. 

PURPOSE

As proposed, S.B. 1040 authorizes certain agencies to imposing a charge for
making available for inspection certain public information. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 552.271, Government Code, to prohibit a certain
charge from being imposed except as provided by this section.  Authorizes
an officer for public information or the officer's agent to require a
requestor to pay, make a deposit on, or post a bond on anticipated
personnel costs for making available for inspection public information that
is older than five years and fills 10 or more archival boxes and such task
requires more than five hours to complete. Authorizes a governmental body
employing fewer than 16 full-time employees to require payment, bond, or
deposit for requested information that is older than three years or fills
five or more archival boxes and such task requires at least two hours for
completion.  Makes conforming and nonsubstantive changes.  Effective date:
90 days after adjournment.