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AN ACT
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relating to the authority of a governmental body to require the |
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payment of a charge before complying with certain requests for the |
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production of public information or for copies of public |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 552, Government Code, is |
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amended by adding Section 552.275 to read as follows: |
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Sec. 552.275. REQUESTS THAT REQUIRE LARGE AMOUNTS OF |
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EMPLOYEE OR PERSONNEL TIME. (a) A governmental body may establish |
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a reasonable limit on the amount of time that personnel of the |
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governmental body are required to spend producing public |
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information for inspection or duplication by a requestor, or |
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providing copies of public information to a requestor, without |
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recovering its costs attributable to that personnel time. |
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(b) A time limit established under Subsection (a) may not be |
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less than 36 hours for a requestor during the 12-month period that |
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corresponds to the fiscal year of the governmental body. |
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(c) In determining whether a time limit established under |
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Subsection (a) applies, any time spent complying with a request for |
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public information submitted in the name of a minor, as defined by |
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Section 101.003(a), Family Code, is to be included in the |
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calculation of the cumulative amount of time spent complying with a |
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request for public information by a parent, guardian, or other |
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person who has control of the minor under a court order and with |
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whom the minor resides, unless that parent, guardian, or other |
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person establishes that another person submitted that request in |
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the name of the minor. |
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(d) If a governmental body establishes a time limit under |
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Subsection (a), each time the governmental body complies with a |
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request for public information, the governmental body shall provide |
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the requestor with a written statement of the amount of personnel |
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time spent complying with that request and the cumulative amount of |
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time spent complying with requests for public information from that |
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requestor during the applicable 12-month period. The amount of |
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time spent preparing the written statement may not be included in |
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the amount of time included in the statement provided to the |
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requestor under this subsection. |
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(e) If in connection with a request for public information, |
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the cumulative amount of personnel time spent complying with |
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requests for public information from the same requestor equals or |
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exceeds the limit established by the governmental body under |
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Subsection (a), the governmental body shall provide the requestor |
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with a written estimate of the total cost, including materials, |
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personnel time, and overhead expenses, necessary to comply with the |
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request. The written estimate must be provided to the requestor on |
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or before the 10th day after the date on which the public |
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information was requested. The amount of this charge relating to |
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the cost of locating, compiling, and producing the public |
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information shall be established by rules prescribed by the |
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attorney general under Sections 552.262(a) and (b). |
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(f) If the governmental body determines that additional |
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time is required to prepare the written estimate under Subsection |
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(e) and provides the requestor with a written statement of that |
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determination, the governmental body must provide the written |
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statement under that subsection as soon as practicable, but on or |
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before the 10th day after the date the governmental body provided |
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the statement under this subsection. |
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(g) If a governmental body provides a requestor with the |
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written statement under Subsection (e), the governmental body is |
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not required to produce public information for inspection or |
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duplication or to provide copies of public information in response |
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to the requestor's request unless on or before the 10th day after |
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the date the governmental body provided the written statement under |
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that subsection, the requestor submits a statement in writing to |
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the governmental body in which the requestor commits to pay the |
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lesser of: |
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(1) the actual costs incurred in complying with the |
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requestor's request, including the cost of materials and personnel |
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time and overhead; or |
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(2) the amount stated in the written statement |
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provided under Subsection (e). |
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(h) If the requestor fails or refuses to submit the written |
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statement under Subsection (g), the requestor is considered to have |
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withdrawn the requestor's pending request for public information. |
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(i) This section does not prohibit a governmental body from |
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providing a copy of public information without charge or at a |
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reduced rate under Section 552.267 or from waiving a charge for |
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providing a copy of public information under that section. |
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(j) This section does not apply if the requestor is a |
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representative of: |
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(1) a radio or television station that holds a license |
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issued by the Federal Communications Commission; or |
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(2) a newspaper that is qualified under Section |
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2051.044 to publish legal notices or is a free newspaper of general |
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circulation and that is published at least once a week and available |
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and of interest to the general public in connection with the |
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dissemination of news. |
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(k) This section does not apply if the requestor is an |
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elected official of the United States, this state, or a political |
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subdivision of this state. |
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(l) This section does not apply if the requestor is a |
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representative of a publicly funded legal services organization |
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that is exempt from federal income taxation under Section 501(a), |
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Internal Revenue Code of 1986, as amended, by being listed as an |
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exempt entity under Section 501(c)(3) of that code. |
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SECTION 2. Section 552.275, Government Code, as added by |
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this Act, applies only to a request for public information under |
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Chapter 552 of that code that is submitted to a governmental body in |
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a fiscal year of that governmental body that begins on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2564 was passed by the House on May |
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11, 2007, by the following vote: Yeas 119, Nays 16, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2564 on May 25, 2007, by the following vote: Yeas 136, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2564 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 27, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |