1 TAC §201.15
The Department of Information Resources (department) proposes
the amendment of 1 T.A.C. §201.15 concerning Charges for Copies of Public
Records. This rule underwent rule review pursuant to Texas Government Code, §2001.039.
Notice was published in the September 6, 2002, Texas Register (27 TexReg 8617).
No comments were received regarding the rule. The department found that the
reason for the rule continues to exist, but that the rule should be amended
to correct several references within the rule, to delete unnecessary definitions
and to delete the summary of charges within the rule. A purpose of the amendment
is to delete definitions from the rule. Most of the definitions simply restate
definitions found in law at Texas Government Code, Chapter 552, and two of
the definitions are unnecessary and somewhat inconsistent with definitions
in the Public Information Act. The rule is also being amended to delete the
summary of charges for copies of public information. This change is being
made, because the charges that can be assessed by the department are published
in the rules of the Texas Building and Procurement Commission (Commission).
There is no need to also publish the charges within the rules of the department.
Removing the summary of charges from the rule will obviate the need for the
department to amend its rule each time the Commission revises the charges
that agencies may assess for providing copies of governmental records under
the Public Information Act. Finally, the rule is being changed to state that
the department will follow the rules of the Commission, as they may be amended
from time, relating to charges for copies of governmental records, and that
the department may waive charging for copies governmental records in accordance
with Texas Government Code §552.267.
The amendments are proposed pursuant to Texas Government Code §2054.052(a),
which authorizes the department to adopt rules as necessary to implement its
responsibilities under the Information Resources Management Act, and Texas
Government Code, Chapter 552, Subchapter F, relating to charges for providing
copies of public information.
Mr. Matt Kelly, director of the Public Information Office of the department,
has determined that for each year of the first five years the amended rule
will be in effect, there will be no fiscal implications for state government
as a result of enforcing or administering the proposed amendment to §201.15.
There will be no foreseeable fiscal implications for local government as a
result of enforcing or administering the proposed rule. Mr. Kelly has determined
that for each year of the first five years the amended rule will be in effect,
the benefit to the public will be increased rule clarity due to the deletion
of certain definitions that are slightly different from those in the Public
Information Act.
Mr. Kelly believes there will be no effect on small businesses, and that
there is no additional anticipated economic cost to persons who are required
to comply with the amended rule.
Comments on the proposed amendment to §201.15 may be submitted to
Renee Mauzy, General Counsel, Department of Information Resources, via mail
to P.O. Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us
no later than 5:00 p.m. CST, within 30 days after publication.
The amendment is proposed under Texas Government Code §2054.052(a),
which authorizes the department to adopt rules as necessary to carry out its
responsibility under the Information Resources Management Act and Texas Government
Code, Chapter 552, Subchapter F, relating to charges for providing copies
of public information.
Texas Government Code, Chapter 552, Subchapter F, is affected by the proposed
amendment.
§201.15.Charges for Copies of Public Records.
The department shall follow the rules adopted by the
Texas Building and Procurement Commission, as such rules may be amended from
time to time, to determine charges for providing copies of public information
under the Texas Public Information Act, Texas Government Code, Chapter 552.
The department may provide copies of public information without charge or
at a reduced charge pursuant to Texas Government Code, §552.267.
[(a)
Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.]
[(1)
Full Cost--The sum of all direct costs plus a proportional
share of overhead, or indirect costs. Full cost should be determined in accordance
with generally accepted methodologies.]
[(2)
Nonstandard-size copy--A copy of public information that
is made available to a requestor in any format other than a standard-size
paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and
nonstandard-size paper copies are examples of nonstandard-size copies.]
[(3)
Readily available information--Information that already
exists in printed form, or information that is stored electronically and is
ready to be printed or copied without requiring any programming, or information
that already exists on microfiche or microfilm. Information that requires
a substantial amount of time to locate or prepare for release is not readily
available information.]
[(4)
Standard-size copy--A printed impression on one side of
a piece of paper that measures up to 8 1/2 by 14 inches. Each side of a piece
of paper on which an impression is made is counted as a single copy. A piece
of paper that is printed on both sides is counted as two copies.]
[(b)
The following is a summary of the charges
for copies of public information on file in the Department of Information
Resources:]
[(1)
standard-size paper copy--$.10 per page;]
[(2)
nonstandard-size copy:]
[(A)
diskette--$1.00 each;]
[(B)
computer magnetic tape--$10 each;]
[(C)
VHS video cassette--$2.50 each;]
[(D)
audio cassette--$1.00 each;]
[(E)
paper copy--$.50 each;]
[(F)
other--actual cost;]
[(3)
personnel charge--$15 per hour;]
[(4)
overhead charge--20% of personnel charge;]
[(5)
microfiche or microfilm charge:]
[(A)
paper copy--$.10;]
[(B)
fiche or film copy--actual cost;]
[(6)
remote document retrieval charge--actual cost;]
[(7)
computer resource charge:]
[(A)
mainframe--$17.50 per minute;]
[(B)
midsize--$3.38 per minute;]
[(C)
client/server--$1.00 per minute;]
[(D)
PC or LAN--$.50 per minute;]
[(8)
programming time charge--$26 per hour;]
[(9)
miscellaneous supplies--actual cost;]
[(10)
postage and shipping charge--actual cost;]
[(11)
fax charge:]
[(A)
local--$.10 per page;]
[(B)
long distance, same area code--$.50 per page;]
[(C)
long distance, different area code--$1.00 per page;]
[(12)
other costs--actual cost.]
[(c)
The Department of Information Resources
shall furnish public records without charge or at a reduced charge if it is
determined that waiver or reduction of the fees is in the public interest.
]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 3, 2003.
TRD-200300804
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 475-2153