By: Wentworth S.B. No. 1040
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the imposition of a charge for making available for
1-2 inspection certain public information.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 552.271, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 552.271. INSPECTION OF PUBLIC INFORMATION IN PAPER
1-7 RECORD IF COPY NOT REQUESTED. (a) A charge may not be imposed for
1-8 making available for inspection any public information that exists
1-9 in a paper record, except as provided by this section.
1-10 (b) If [that if] a requested page contains confidential
1-11 information that must be edited from the record before the
1-12 information can be made available for inspection, the governmental
1-13 body may charge for the cost of making a photocopy of the page from
1-14 which confidential information must be edited. No charge other
1-15 than the cost of the photocopy may be imposed.
1-16 (c) Except as provided by Subsection (d), an officer for
1-17 public information or the officer's agent may require a requestor
1-18 to pay, or to make a deposit or post a bond for the payment of,
1-19 anticipated personnel costs for making available for inspection
1-20 public information that exists in paper records only if:
1-21 (1) the public information specifically requested by
1-22 the requestor:
2-1 (A) is older than five years; or
2-2 (B) completely fills, or when assembled will
2-3 completely fill, 10 or more archival boxes; and
2-4 (2) the officer for public information or the
2-5 officer's agent estimates that more than five hours will be
2-6 required to make the public information available for inspection.
2-7 (d) If the governmental body has fewer than 16 full-time
2-8 employees, the payment, the deposit, or the bond authorized by
2-9 Subsection (c) may be required only if:
2-10 (1) the public information specifically requested by
2-11 the requestor:
2-12 (A) is older than three years; or
2-13 (B) completely fills, or when assembled will
2-14 completely fill, five or more archival boxes; and
2-15 (2) the officer for public information or the
2-16 officer's agent estimates that more than two hours will be required
2-17 to make the public information available for inspection.