S.B. 653 78(R)    BILL ANALYSIS


S.B. 653
By: Wentworth
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law does not clearly specify the method of charging for copies of
information requested under the Public Information Act, nor does current
law clearly specify the method for resolving a complaint of overcharging
for such information.  The purpose of Senate Bill 653 is to clarify
certain provisions in the Public Information Act relating to the charges
that may be imposed by governmental bodies for providing copies of
information and relating to procedures for resolving complaints of
overcharging. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

Senate Bill 653 amends Section 552.261 of the Government Code to clarify
that, with respect to requests for 50 or fewer pages of the paper record,
the cost of copying shall be the charge for each page of the paper record
and may not include costs of materials, labor, or overhead. 

The bill amends Section 552.2615 of the Government Code to provide that a
request for public information is not considered to be withdrawn if the
requestor has filed a timely complaint with the Texas Building and
Procurement Commission alleging that the requestor has been overcharged. 

The bill amends Section 552.269 of the Government Code to clarify the
timeline to be followed by a governmental body in responding to written
questions from the Texas Building and Procurement Commission concerning
complaints of overcharging.  

EFFECTIVE DATE

September 1, 2003.