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


Senate Research Center   S.B. 653
78R2735 JD-DBy: Wentworth
State Affairs
3/12/2003
As Filed


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.  As proposed, 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 ten-day 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withdrawn if the requestor has filed a complaint with the TBPC concerning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 50
pages or less. 

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request under Subsection (a) is considered to have been withdrawn by the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.
Provides that a certain response must be made in 10 business days, rather
than 10 days.  Makes conforming changes. 

SECTION 4.  Effective date:  September 1, 2003.