78R2735 JD-D

By:  Baxter                                                       H.B. No. 1587



A BILL TO BE ENTITLED

AN ACT

relating to the charges that may be imposed under the public 
information law for providing a copy of public information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.261(a), Government Code, is amended 
to read as follows:
	(a)  The charge for providing a copy of public information 
shall be an amount that reasonably includes all costs related to 
reproducing the public information, including costs of materials, 
labor, and overhead.  If a request is for 50 or fewer pages of paper 
records, the charge for providing the copy of the public 
information may not include costs of materials, labor, or overhead, 
but shall be limited to the charge for each page of the paper record 
that is photocopied [photocopying costs], unless the pages to be 
photocopied are located in:
		(1)  two or more separate buildings that are not 
physically connected with each other;  or
		(2)  a remote storage facility.                                               
	SECTION 2.  Section 552.2615(b), Government Code, is amended 
to read as follows:
	(b)  A request described by Subsection (a) is considered to 
have been withdrawn by the requestor if the requestor does not 
respond in writing to the itemized statement by informing the 
governmental body within 10 business days after the date the 
statement is sent to the requestor that:
		(1)  the requestor will accept the estimated charges;  
[or]
		(2)  the requestor is modifying the request in response 
to the itemized statement; or
		(3)  the requestor has sent to the Texas Building and 
Procurement Commission a complaint alleging that the requestor has 
been overcharged for being provided with a copy of the public 
information.
	SECTION 3.  Section 552.269, Government Code, is amended to 
read as follows: 
	Sec. 552.269.  OVERCHARGE OR OVERPAYMENT FOR COPY OF PUBLIC 
INFORMATION.  (a)  A person who believes the person has been 
overcharged for being provided with a copy of public information 
may complain to the Texas Building and Procurement [General 
Services] Commission in writing of the alleged overcharge, setting 
forth the reasons why the person believes the charges are 
excessive.  The Texas Building and Procurement [General Services] 
Commission shall review the complaint and make a determination in 
writing as to the appropriate charge for providing the copy of the 
requested information.  The governmental body shall respond to the 
Texas Building and Procurement [General Services] Commission to any 
written questions asked of the governmental body by the commission 
regarding the charges for providing the copy of the public 
information.  The response must be made to the Texas Building and 
Procurement [General Services] Commission within 10 business days 
after the date the questions are received by the governmental body.  
If the Texas Building and Procurement [General Services] Commission 
determines that a governmental body has overcharged for providing 
the copy of requested public information, the governmental body 
shall promptly adjust its charges in accordance with the 
determination of the Texas Building and Procurement [General 
Services] Commission.
	(b)  A person who overpays for a copy of public information 
because a governmental body refuses or fails to follow the rules for 
charges adopted by the Texas Building and Procurement [General 
Services] Commission is entitled to recover three times the amount 
of the overcharge if the governmental body did not act in good faith 
in computing the costs.
	SECTION 4.  This Act takes effect September 1, 2003.