By:  Wentworth                                        S.B. No. 1045
         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 making government information available on the Internet
 1-2     and to the cost of making government information available to the
 1-3     public.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 552, Government Code, is
 1-6     amended by adding Sections 552.009 and 552.010 to read as follows:
 1-7           Sec. 552.009.  OPEN RECORDS STEERING COMMITTEE: ADVICE TO
 1-8     COMMISSION; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.
 1-9     (a)  The open records steering committee is composed of:
1-10                 (1)  a representative of each state governmental body
1-11     in the following list, appointed by the governing entity of the
1-12     governmental body:
1-13                       (A)  the attorney general's office;
1-14                       (B)  the comptroller's office;
1-15                       (C)  the Department of Public Safety;
1-16                       (D)  the Department of Information Resources;
1-17                       (E)  the Texas Department of Human Services;
1-18                       (F)  the Texas State Board of Public Accountancy;
1-19                       (G)  the Texas State Library and Archives
1-20     Commission; and
1-21                       (H)  the General Services Commission;
1-22                 (2)  a public member, appointed by the General Services
 2-1     Commission; and
 2-2                 (3)  a representative of each local governmental body
 2-3     in the following list, appointed by the General Services
 2-4     Commission:
 2-5                       (A)  a municipality;
 2-6                       (B)  a county;
 2-7                       (C)  a school district; and
 2-8                       (D)  an appraisal district.
 2-9           (b)  The representative of the General Services Commission is
2-10     the presiding officer of the committee. The committee shall meet as
2-11     prescribed by committee rule or at the call of the presiding
2-12     officer.
2-13           (c)  The committee shall advise the General Services
2-14     Commission regarding the commission's performance of its duties
2-15     under this chapter.
2-16           (d)  The members of the committee who represent state
2-17     governmental bodies shall periodically study and determine the
2-18     types of public information for which it would be useful to the
2-19     public or cost effective for the government if that type of
2-20     information were made available by state governmental bodies
2-21     through the Internet or through another electronic format. The
2-22     committee shall report its findings and recommendations under this
2-23     subsection to the governor, the presiding officer of each house of
2-24     the legislature, and the budget committees and state affairs
2-25     committees of each house of the legislature.
2-26           Sec. 552.010.  STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
 3-1     INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE.  (a)  Each
 3-2     state governmental body shall report to the Legislative Budget
 3-3     Board the information that the board requires regarding:
 3-4                 (1)  the number and nature of requests for information
 3-5     that the state governmental body processes under this chapter; and
 3-6                 (2)  the cost to the state governmental body in terms
 3-7     of capital expenditures and personnel time of:
 3-8                       (A)  responding to requests for information under
 3-9     this chapter; and
3-10                       (B)  making information available to the public
3-11     through the Internet or through another electronic format.
3-12           (b)  The board shall design and phase in the reporting
3-13     requirements in a way that:
3-14                 (1)  minimizes the reporting burden on state
3-15     governmental bodies; and
3-16                 (2)  allows the legislature and state governmental
3-17     bodies to estimate the extent to which it is cost effective for
3-18     state government, and if possible the extent to which it is cost
3-19     effective or useful for members of the public, to  make information
3-20     available to the public through the Internet or through another
3-21     electronic format as a supplement or alternative to publicizing the
3-22     information only in other ways or making the information available
3-23     only in response to requests made under this chapter.
3-24           (c)  The open records steering committee and the state
3-25     auditor, at the request of the board, shall assist the board in
3-26     designing its reporting requirements under this section.  The board
 4-1     shall share the information reported under this section with the
 4-2     open records steering committee.
 4-3           SECTION 2.  Section 552.274(a), Government Code, is amended
 4-4     to read as follows:
 4-5           (a)  Not later than December [September] 1 of each
 4-6     odd-numbered year, each state agency shall provide the General
 4-7     Services Commission detailed information, for use by the commission
 4-8     in preparing the report required by Sections 2(c) and (d), Chapter
 4-9     428, Acts of the 73rd Legislature, Regular Session, 1993,
4-10     describing the agency's procedures for charging and collecting fees
4-11     for providing copies of public information.
4-12           SECTION 3.  Section 2(d), Chapter 428, Acts of the 73rd
4-13     Legislature, Regular Session, 1993, is amended to read as follows:
4-14           (d)  The commission shall revise and update the report
4-15     biennially and shall provide a copy of the updated report to each
4-16     state agency not later than March 1 of each even-numbered year.