By: Wentworth S.B. No. 727
(In the Senate - Filed February 24, 2005; March 2, 2005,
read first time and referred to Committee on State Affairs;
May 2, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 2, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 727 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), and (c), Section 552.009,
Government Code, are amended to read as follows:
(a) The open records steering committee is composed of two
representatives of the attorney general's office and:
(1) a representative of each of the following,
appointed by its governing entity:
(A) [the attorney general's office;
[(B)] the comptroller's office;
(B) [(C)] the Department of Public Safety;
(C) [(D)] the Department of Information
Resources; and
(D) [(E)] the Texas State Library and Archives
Commission; [and
[(F) the General Services Commission;]
(2) five public members, appointed by the attorney
general [General Services Commission]; and
(3) a representative of each of the following types of
local governments, appointed by the attorney general [General
Services Commission]:
(A) a municipality;
(B) a county; and
(C) a school district.
(b) The representative of the attorney general designated
by the attorney general [General Services Commission] is the
presiding officer of the committee. The committee shall meet as
prescribed by committee procedures or at the call of the presiding
officer.
(c) The committee shall advise the attorney general
[General Services Commission] regarding the office of the attorney
general's [commission's] performance of its duties under Sections
552.010, 552.205, 552.262, 552.269, and 552.274 [this chapter].
SECTION 2. Section 552.010, Government Code, is amended to
read as follows:
Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
state governmental body shall report to the attorney general [Texas
Building and Procurement Commission] the information the attorney
general [commission] requires regarding:
(1) the number and nature of requests for information
the state governmental body processes under this chapter in the
period covered by the report; and
(2) the cost to the state governmental body in that
period in terms of capital expenditures and personnel time of:
(A) responding to requests for information under
this chapter; and
(B) making information available to the public by
means of the Internet or another electronic format.
(b) The attorney general [Texas Building and Procurement
Commission] shall design and phase in the reporting requirements in
a way that:
(1) minimizes the reporting burden on state
governmental bodies; and
(2) allows the legislature and state governmental
bodies to estimate the extent to which it is cost-effective for
state government, and if possible the extent to which it is
cost-effective or useful for members of the public, to make
information available to the public by means of the Internet or
another electronic format as a supplement or alternative to
publicizing the information only in other ways or making the
information available only in response to requests made under this
chapter.
(c) The attorney general [commission] shall share the
information reported under this section with the open records
steering committee.
SECTION 3. Section 552.205, Government Code, is amended to
read as follows:
Sec. 552.205. INFORMING PUBLIC OF BASIC RIGHTS AND
RESPONSIBILITIES UNDER THIS CHAPTER. (a) An officer for public
information shall prominently display a sign in the form prescribed
by the attorney general [General Services Commission] that contains
basic information about the rights of a requestor, the
responsibilities of a governmental body, and the procedures for
inspecting or obtaining a copy of public information under this
chapter. The officer shall display the sign at one or more places
in the administrative offices of the governmental body where it is
plainly visible to:
(1) members of the public who request public
information in person under this chapter; and
(2) employees of the governmental body whose duties
include receiving or responding to requests under this chapter.
(b) The attorney general [General Services Commission] by
rule shall prescribe the content of the sign and the size, shape,
and other physical characteristics of the sign. In prescribing the
content of the sign, the attorney general [commission] shall
include plainly written basic information about the rights of a
requestor, the responsibilities of a governmental body, and the
procedures for inspecting or obtaining a copy of public information
under this chapter that, in the opinion of the attorney general
[commission], is most useful for requestors to know and for
employees of governmental bodies who receive or respond to requests
for public information to know.
SECTION 4. Subsections (a) and (b), Section 552.225,
Government Code, are amended to read as follows:
(a) A requestor must complete the examination of the
information not later than the 10th business day after the date the
custodian of the information makes it available [to the person]. If
the requestor does not complete the examination of the information
within 10 business days after the date the custodian of the
information makes the information available and does not file a
request for additional time under Subsection (b), the requestor is
considered to have withdrawn the request.
(b) The officer for public information shall extend the
initial examination period by an additional 10 business days if,
within the initial period, the requestor files with the officer for
public information a written request for additional time. The
officer for public information shall extend an additional
examination period by another 10 business days if, within the
additional period, the requestor files with the officer for public
information a written request for more additional time.
SECTION 5. Section 552.231, Government Code, is amended by
amending Subsections (b) and (d) and adding Subsection (d-1) to
read as follows:
(b) The written statement must include:
(1) a statement that the information is not available
in the requested form;
(2) a description of the form in which the information
is available;
(3) a description of any contract or services that
would be required to provide the information in the requested form;
(4) a statement of the estimated cost of providing the
information in the requested form, as determined in accordance with
the rules established by the attorney general [General Services
Commission] under Section 552.262; and
(5) a statement of the anticipated time required to
provide the information in the requested form.
(d) On providing the written statement to the requestor as
required by this section, the governmental body does not have any
further obligation to provide the information in the requested form
or in the form in which it is available unless within 30 days
[until] the requestor states in writing to the governmental body
that the requestor:
(1) wants the governmental body to provide the
information in the requested form according to the cost and time
parameters set out in the statement or according to other terms to
which the requestor and the governmental body agree; or
(2) wants the information in the form in which it is
available.
(d-1) If a requestor does not make a timely written
statement under Subsection (d), the requestor is considered to have
withdrawn the request for information.
SECTION 6. Subsections (a) and (b), Section 552.2615,
Government Code, are amended to read as follows:
(a) If a request for a copy of public information will
result in the imposition of a charge under this subchapter that
exceeds $40, or a request to inspect a paper record will result in
the imposition of a charge under Section 552.271 that exceeds $40,
the governmental body shall provide the requestor with a written
itemized statement that details all estimated charges that will be
imposed, including any allowable charges for labor or personnel
costs. If an alternative less costly method of viewing the records
is available, the statement must include a notice that the
requestor may contact the governmental body regarding the
alternative method. The governmental body must inform the
requestor of the responsibilities [duties] imposed on the requestor
by this section and of the rights granted by this entire section and
give the requestor the information needed to respond, including:
(1) that the requestor must provide the governmental
body with a mailing, facsimile transmission, or electronic mail
address to receive the itemized statement and that it is the
requestor's choice which type of address to provide;
(2) that the request is considered automatically
withdrawn if the requestor does not respond in writing to the
itemized statement and any updated itemized statement in the time
and manner required by this section; and
(3) that the requestor may respond to the statement by
delivering the written response to the governmental body by mail,
in person, by facsimile transmission if the governmental body is
capable of receiving documents transmitted in that manner, or by
electronic mail if the governmental body has an electronic mail
address.
(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;
(2) the requestor is modifying the request in response
to the itemized statement; or
(3) the requestor has sent to the attorney general
[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 7. Section 552.262, Government Code, is amended to
read as follows:
Sec. 552.262. RULES OF THE ATTORNEY GENERAL [GENERAL
SERVICES COMMISSION]. (a) The attorney general [General Services
Commission] shall adopt rules for use by each governmental body in
determining charges for providing copies of public information
under this subchapter and in determining the charge, deposit, or
bond required for making public information that exists in a paper
record available for inspection as authorized by Sections
552.271(c) and (d). The rules adopted by the attorney general
[General Services Commission] shall be used by each governmental
body in determining charges for providing copies of public
information and in determining the charge, deposit, or bond
required for making public information that exists in a paper
record available for inspection, except to the extent that other
law provides for charges for specific kinds of public information.
The charges for providing copies of public information may not be
excessive and may not exceed the actual cost of producing the
information or for making public information that exists in a paper
record available for inspection. A governmental body, other than
an agency of state government, may determine its own charges for
providing copies of public information and its own charge, deposit,
or bond for making public information that exists in a paper record
available for inspection but may not charge an amount that is
greater than 25 percent more than the amount established by the
attorney general [General Services Commission] unless the
governmental body requests an exemption under Subsection (c).
(b) The rules of the attorney general [General Services
Commission] shall prescribe the methods for computing the charges
for providing copies of public information in paper, electronic,
and other kinds of media and the charge, deposit, or bond required
for making public information that exists in a paper record
available for inspection. The rules shall establish costs for
various components of charges for providing copies of public
information that shall be used by each governmental body in
providing copies of public information or making public information
that exists in a paper record available for inspection.
(c) A governmental body may request that it be exempt from
part or all of the rules adopted by the attorney general [General
Services Commission] for determining charges for providing copies
of public information or the charge, deposit, or bond required for
making public information that exists in a paper record available
for inspection. The request must be made in writing to the attorney
general [General Services Commission] and must state the reason for
the exemption. If the attorney general [General Services
Commission] determines that good cause exists for exempting a
governmental body from a part or all of the rules, the attorney
general [commission] shall give written notice of the determination
to the governmental body within 90 days of the request. On receipt
of the determination, the governmental body may amend its charges
for providing copies of public information or its charge, deposit,
or bond required for making public information that exists in a
paper record available for inspection according to the
determination of the attorney general [General Services
Commission].
(d) The attorney general [General Services Commission]
shall publish annually in the Texas Register a list of the
governmental bodies that have authorization from the attorney
general [General Services Commission] to adopt any modified rules
for determining the cost of providing copies of public information
or making public information that exists in a paper record
available for inspection.
(e) The rules of the attorney general [General Services
Commission] do not apply to a state governmental body that is not a
state agency for purposes of Subtitle D, Title 10.
SECTION 8. 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 attorney general [Texas Building and
Procurement Commission] in writing of the alleged overcharge,
setting forth the reasons why the person believes the charges are
excessive. The attorney general [Texas Building and Procurement
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
attorney general [Texas Building and Procurement Commission] to any
written questions asked of the governmental body by the attorney
general [commission] regarding the charges for providing the copy
of the public information. The response must be made to the
attorney general [Texas Building and Procurement Commission]
within 10 business days after the date the questions are received by
the governmental body. If the attorney general [Texas Building and
Procurement 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 attorney general [Texas
Building and Procurement 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 attorney general [Texas Building and
Procurement 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 9. Section 552.274, Government Code, is amended to
read as follows:
Sec. 552.274. REPORTS BY ATTORNEY GENERAL [GENERAL SERVICES
COMMISSION] AND STATE AGENCIES ON COST OF COPIES. (a) The
attorney general [General Services Commission] shall:
(1) biennially update a report prepared by the
commission about the charges made by state agencies for providing
copies of public information; and
(2) provide a copy of the updated report on the
attorney general's open records page on the Internet [to each state
agency] not later than March 1 of each even-numbered year.
(b) [Not later than December 1 of each odd-numbered year,
each state agency shall provide the General Services Commission
detailed information, for use by the commission in preparing the
report required by Subsection (a), describing the agency's
procedures for charging and collecting fees for providing copies of
public information.
[(c)] Before the 30th day after the date on which a regular
session of the legislature convenes, each state agency shall issue
a report that describes that agency's procedures for charging and
collecting fees for providing copies of public information. A
state agency may comply with this subsection by posting the report
on the agency's open records page or another easily accessible page
on the agency's website on the Internet.
(c) [(d)] In this section, "state agency" has the meaning
assigned by Sections 2151.002(2)(A) and (C).
SECTION 10. Section 552.301, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) A governmental body that submits written comments to
the attorney general under Subsection (e)(1)(A) shall send a copy
of those comments to the person who requested the information from
the governmental body. If the written comments disclose or contain
the substance of the information requested, the copy of the
comments provided to the person must be a redacted copy.
SECTION 11. Section 552.302, Government Code, is amended to
read as follows:
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a
governmental body does not request an attorney general decision as
provided by Section 552.301 and provide the requestor with the
information required by Sections [Section] 552.301(d) and (e-1),
the information requested in writing is presumed to be subject to
required public disclosure and must be released unless there is a
compelling reason to withhold the information.
SECTION 12. Section 552.304, Government Code, is amended to
read as follows:
Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. (a) A person
may submit written comments stating reasons why the information at
issue in a request for an attorney general decision should or should
not be released.
(b) A person who submits written comments to the attorney
general under Subsection (a) shall send a copy of those comments to
both the person who requested the information from the governmental
body and the governmental body. If the written comments submitted
to the attorney general disclose or contain the substance of the
information requested from the governmental body, the copy of the
comments sent to the person who requested the information must be a
redacted copy.
(c) In this section, "written comments" includes a letter, a
memorandum, or a brief.
SECTION 13. Subsection (d), Section 402.081, Labor Code, is
amended to read as follows:
(d) The commission may charge a reasonable fee for making
available for inspection any of its information that contains
confidential information that must be redacted before the
information is made available. However, when a request for
information is for the inspection of 10 or fewer pages, and a copy
of the information is not requested, the commission may charge only
the cost of making a copy of the page from which confidential
information must be redacted. The fee for access to information
under Chapter 552, Government Code, shall be in accord with the
rules of the attorney general [General Services Commission] that
prescribe the method for computing the charge for copies under that
chapter.
SECTION 14. (a) On the effective date of this Act:
(1) all powers and duties of the Texas Building and
Procurement Commission under the public information law, Chapter
552, Government Code, are transferred to the attorney general;
(2) all appropriations to the Texas Building and
Procurement Commission for the purpose of performing those duties,
all personnel of the Texas Building and Procurement Commission who
are employed to perform those duties, and all records and other
property of the Texas Building and Procurement Commission used to
perform those duties are transferred to the attorney general;
(3) all rules, forms, and signs adopted or prescribed
by the Texas Building and Procurement Commission or its predecessor
under Chapter 552, Government Code, are continued in effect as if
they were rules, forms, or signs adopted or prescribed by the
attorney general until they are repealed or otherwise changed by
the attorney general; and
(4) a reference in law to the Texas Building and
Procurement Commission, the General Services Commission, the State
Purchasing and General Services Commission, or the Board of Control
in relation to the performance of the transferred duties is
considered to be a reference to the attorney general.
(b) The validity of an authorization granted, determination
made, or other action taken by the Texas Building and Procurement
Commission or its predecessor under Chapter 552, Government Code,
is not affected by the transfer of powers and duties under this Act.
SECTION 15. This Act takes effect September 1, 2005.
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