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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. Section 552.261, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The charge for providing a copy of public information |
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shall be an amount that reasonably includes all costs related to |
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reproducing the public information, including costs of materials, |
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labor, and overhead. Except as provided by Subsection (a-1), if |
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[If] a request is for 100 [50] or fewer pages of paper records, the |
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charge for providing the copy of the public information may not |
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include costs of materials, labor, or overhead, but shall be |
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limited to the charge for each page of the paper record that is |
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photocopied, unless the pages to be photocopied are located in: |
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(1) two or more separate buildings that are not |
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physically connected with each other; or |
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(2) a remote storage facility. |
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(a-1) If in any calendar month a requestor has been provided |
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at least 100 pages of responsive paper records in compliance with |
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Subsection (a), in connection with a subsequent request by that |
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requestor in that month to the same governmental body for one or |
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more pages of public information in a paper record, the charge for |
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providing the copy of the responsive public information may include |
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costs of materials, overhead, the charge for each page of the paper |
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record that is photocopied at the rate of 10 cents a page, and any |
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other cost or expense actually incurred in locating, compiling, and |
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photocopying the public information to comply with the request or |
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to provide the copies. This subsection does not apply to police |
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blotters maintained by a criminal justice agency that are compiled |
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chronologically and required by law or long-standing practice to be |
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available to the public. |
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SECTION 2. Subsection (a), Section 552.2615, Government |
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Code, is amended to read as follows: |
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(a) If a request for a copy of public information will |
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result in the imposition of a charge under this subchapter that |
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exceeds $40, or a request to inspect a paper record will result in |
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the imposition of a charge under Section 552.271 or 552.2715 that |
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exceeds $40, the governmental body shall provide the requestor with |
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a written itemized statement that details all estimated charges |
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that will be imposed, including any allowable charges for labor or |
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personnel costs. If an alternative less costly method of viewing |
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the records is available, the statement must include a notice that |
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the requestor may contact the governmental body regarding the |
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alternative method. The governmental body must inform the |
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requestor of the responsibilities imposed on the requestor by this |
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section and of the rights granted by this entire section and give |
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the requestor the information needed to respond, including: |
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(1) that the requestor must provide the governmental |
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body with a mailing, facsimile transmission, or electronic mail |
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address to receive the itemized statement and that it is the |
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requestor's choice which type of address to provide; |
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(2) that the request is considered automatically |
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withdrawn if the requestor does not respond in writing to the |
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itemized statement and any updated itemized statement in the time |
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and manner required by this section; and |
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(3) that the requestor may respond to the statement by |
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delivering the written response to the governmental body by mail, |
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in person, by facsimile transmission if the governmental body is |
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capable of receiving documents transmitted in that manner, or by |
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electronic mail if the governmental body has an electronic mail |
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address. |
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SECTION 3. Section 552.263, Government Code, is amended to |
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read as follows: |
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Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT |
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FOR [PREPARATION OF COPY OF] PUBLIC INFORMATION. (a) An officer |
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for public information or the officer's agent may require a deposit |
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or bond for payment of anticipated costs for making the public |
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information available for inspection or for the preparation of a |
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copy of public information, as applicable, if the officer for |
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public information or the officer's agent has provided the |
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requestor with the required written itemized statement detailing |
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the estimated charge for providing the copy and if the charge for |
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making the public information available for inspection or providing |
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the copy of the public information specifically requested by the |
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requestor is estimated by the governmental body to exceed: |
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(1) $100, if the governmental body has more than 15 |
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full-time employees; or |
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(2) $50, if the governmental body has fewer than 16 |
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full-time employees. |
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(b) The officer for public information or the officer's |
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agent may not require a deposit or bond be paid under Subsection (a) |
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as a down payment for the inspection or copies of public information |
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that the requestor may request in the future. |
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(c) An officer for public information or the officer's agent |
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may require a deposit or bond for payment of unpaid amounts owing to |
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the governmental body in relation to previous requests that the |
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requestor has made under this chapter before making public |
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information available for inspection or preparing a copy of public |
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information in response to a new request if those unpaid amounts |
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exceed $100. The officer for public information or the officer's |
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agent may not seek payment of those unpaid amounts through any other |
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means. |
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(d) The governmental body must fully document the existence |
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and amount of those unpaid amounts or the amount of any anticipated |
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costs, as applicable, before requiring a deposit or bond under this |
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section. The documentation is subject to required public |
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disclosure under this chapter. |
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(e) For purposes of Subchapters F and G, a request to |
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inspect or for a copy of public information is considered to have |
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been received by a governmental body on the date the governmental |
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body receives the deposit or bond for payment of anticipated costs |
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or unpaid amounts if the governmental body's officer for public |
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information or the officer's agent requires a deposit or bond in |
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accordance with this section. |
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(f) A requestor who fails to make a deposit or post a bond |
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required under Subsection (a) before the 10th day after the date the |
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deposit or bond is required is considered to have withdrawn the |
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request to inspect or for the copy of the public information that |
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precipitated the requirement of the deposit or bond. |
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SECTION 4. Section 552.264, Government Code, is amended to |
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read as follows: |
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Sec. 552.264. COPY OF PUBLIC INFORMATION REQUESTED BY |
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MEMBER OF LEGISLATURE. One copy of public information that is |
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requested from a governmental body [state agency] by a member, |
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agency, or committee of the legislature under Section 552.008 shall |
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be provided without charge. |
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SECTION 5. Subchapter F, Chapter 552, Government Code, is |
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amended by adding Section 552.2715 to read as follows: |
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Sec. 552.2715. CHARGE FOR MAKING AVAILABLE PUBLIC |
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INFORMATION IN PAPER RECORDS IN CERTAIN CIRCUMSTANCES. |
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Notwithstanding Section 552.271, if in any calendar month a |
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requestor has been provided with at least 100 pages of responsive |
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paper records in compliance with one or more requests for copies of |
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public information or has had at least 100 pages of responsive paper |
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records made available for inspection in compliance with one or |
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more requests to inspect public information, in connection with a |
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subsequent request in that month from the same requestor to the same |
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governmental body to make available for inspection any public |
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information that exists in a paper record, the governmental body |
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may charge for making the responsive public information available |
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for inspection, except that no charge may be made for making the |
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responsive public information available for inspection if |
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responsive paper records are wholly contained in one document, |
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regardless of the number of pages contained in that document. The |
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charge must be calculated at the rate of 10 cents a page plus any |
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other cost or expense actually incurred in locating, compiling, and |
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producing the public information to comply with the subsequent |
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request to inspect the public information. The amount of this |
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charge relating to the cost of locating, compiling, and producing |
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the public information shall be established by rules prescribed by |
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the attorney general under Sections 552.262(a) and (b). This |
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section does not apply to police blotters maintained by a criminal |
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justice agency that are compiled chronologically and required by |
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law or long-standing practice to be available to the public. |
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SECTION 6. This Act takes effect September 1, 2007. |