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A BILL TO BE ENTITLED
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AN ACT
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relating to the charges for certain public information maintained |
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by a governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 552, Government Code, is amended by |
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adding Section 552.275 to read as follows: |
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Section 552.275. CHARGE FOR REQUESTS REQUIRING LARGE |
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AMOUNTS OF STAFF AND PERSONNEL TIME |
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(a) Recognizing that a governmental body must balance the |
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amount of staff and personnel time needed to provide copies of |
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information, or to make information available for duplication or |
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inspection, with other essential functions that the governmental |
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body must perform for the benefit of the public, a governmental body |
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may establish a reasonable limit on the amount of staff and |
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personnel time that it is required to devote to providing copies of |
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information, or to making information available for duplication or |
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inspection, without recovering costs for staff and personnel time. |
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The limit established by the governmental body may not be less than |
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36 hours for a requestor in a 12-month period corresponding to the |
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governmental body's fiscal year. A request submitted in the name of |
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a minor, as defined by Section 101.003(a), Texas Family Code, shall |
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be presumed to be included in the calculation of the cumulative |
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amount of time spent responding to requests by the minor's parent, |
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guardian, or other person having lawful control of the minor under |
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court order and with whom the minor child resides, unless that |
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parent, guardian, or other person having lawful control of the |
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minor under court order and with whom the minor child resides |
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establishes that the request was submitted in the name of the minor |
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by another person. |
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(b) If a governmental body establishes the limit under |
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Subsection (a), with its response to each request by a requestor for |
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copies of information, or for the governmental body to make |
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information available for duplication or inspection, a |
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governmental body shall include a written statement that describes |
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the amount of staff and personnel time spent responding to that |
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request, and the cumulative amount of time spent responding to |
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requests by that requestor within the 12-month period. The amount |
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of time spent preparing the written statement may not be included in |
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the amount reported to a requestor. |
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(c) If the cumulative amount of time spent by a governmental |
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body in responding to a requestor equals the reasonable limit |
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established by a governmental body within the designated 12-month |
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period, the governmental body shall provide the requestor with a |
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written estimate of the total cost, including materials, staff and |
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personnel time, and overhead necessary to respond to any further |
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request. The written estimate shall be given to the requestor |
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within 10 days after the date of the governmental entity's receipt |
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of each such request. The governmental body has an additional 10 |
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days to provide the estimate if the governmental body gives written |
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notice to the requestor, within the initial 10-day period, that the |
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additional time is needed to prepare the estimate. |
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(d) On providing the written estimate to the requestor as |
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required by this section, the governmental body does not have any |
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further obligation to provide copies of the requested information, |
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or to make the requested information available for duplication or |
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inspection, unless, within 10 days of the date that the |
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governmental body gives the written estimate to the requestor, the |
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requestor states in writing to the governmental body that the |
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requestor wants the governmental body to provide copies of the |
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requested information, or to make the requested information |
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available for duplication or inspection, and the requestor agrees |
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to pay the actual cost of producing the requested information, |
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including materials, staff and personnel time and overhead, not to |
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exceed the amount specified in the written estimate prepared by the |
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governmental body. A governmental body may waive or reduce the |
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charge in accordance with Section 552.267 of this chapter. |
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(e) If a requestor does not make a timely written statement |
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under Subsection (d), the requestor is considered to have withdrawn |
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the request for information. |
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SECTION 2. If this Act initially takes effect during a |
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governmental body's fiscal year, a requestor shall be entitled to |
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the full amount of staff and personnel time established by the |
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governmental body for the remainder of the fiscal year in which this |
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Act initially is in effect, before being subject to any charge in |
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accordance with 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. |