SRC-JEC, MSY S.B. 653 78(R)BILL ANALYSIS


Senate Research CenterS.B. 653
By: Wentworth
State Affairs
6/4/2003
Enrolled


DIGEST AND PURPOSE 

Under current law, a person who requests a copy of public information from
a governmental body is charged the "photocopying costs" for the service
(which can include labor costs), are given ten days to take certain
actions, and must make any complaints regarding charges for such services
to the General Services Commission.  S.B. 653 changes the language of the
Government Code to limit a charge for a copy of public information to the
charge for each page of the paper record that is copied, changes tenday
timelines to ten business days, and makes the Texas Building and
Procurement Commission (TBPC) responsible for handling complaints arising
from the provision of copies of public information. In addition, S.B. 653
provides that a request for public information is not withdrawn if the
requestor has filed a complaint with the TBPC concerning costs. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.261(a), Government Code, to require the
charge for providing a copy of public information to be limited to the
charge for each page of the paper record that is photocopied, rather than
photocopying costs, if a request for a copy of public information is for
50 pages or fewer. 

SECTION 2.  Amends Section 552.2615(b), Government Code, to provide that a
request under Subsection (a) is considered to have been withdrawn by the
requestor if the requestor does not respond in writing to a certain
statement within 10 business days, rather than 10 days, in one of several
ways.  Adds that one of the ways a requestor may respond is to inform the
governmental body that the requestor has sent the Texas Building and
Procurement Commission (TBPC) a complaint of being overcharged for the
copy of public information. 

SECTION 3.  Amends Section 552.269, Government Code, to grant TBPC certain
responsibilities and authority pertaining to the handling of overcharge
complaints previously granted to the General Services Commission.  Makes
conforming changes. 

SECTION 4.  Effective date:  September 1, 2003.