By: Brimer S.B. No. 1732

(In the Senate - Filed March 9, 2007; March 21, 2007, read first time and referred to Committee on Administration; April 17, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 17, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1732 By: Seliger

A BILL TO BE ENTITLED

AN ACT

relating to fees for copies of certain records and research protected by copyright and owned by the State Preservation Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 443, Government Code, is amended by adding Section 443.0133 to read as follows:

Sec. 443.0133. FEE FOR COPY OF COPYRIGHTED MATERIAL. (a) The board may set and collect a fee for providing a copy, for personal or educational use, of state archival records and other historical resources protected by copyright and owned by the board, including photographs, video recordings, and other documentation related to the history of the buildings and grounds under board control.

(b) The board may set its fees under this section in amounts necessary to cover the cost of creating the image or document and the cost of reproducing and dispersing the image or document requested. The board shall deposit money received under this section to the credit of a separate account in the Capitol fund.

(c) Fees under this section for copies of state archival records and other historical resources protected by copyright and owned by the board are excepted from the fee schedule and other provisions related to costs and charges under Chapter 552.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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