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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 50 or fewer pages of paper records, the charge |
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for providing the copy of the public information may not include |
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costs of materials, labor, or overhead, but shall be limited to the |
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charge for each page of the paper record that is photocopied, unless |
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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 50 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 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. |
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SECTION 2. Section 552.2615(a), Government Code, is amended |
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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. 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 50 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 50 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. The charge must be calculated at the rate of 10 |
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cents a page plus any other cost or expense incurred in locating, |
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compiling, and producing the public information to comply with the |
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subsequent request to inspect the public information. |
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SECTION 4. This Act takes effect September 1, 2007. |