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.