Part 3. OFFICE OF THE ATTORNEY GENERAL
Chapter 70. COST OF COPIES OF PUBLIC INFORMATION
The Office of the Attorney General (the "OAG") proposes new rule 1 TAC §70.12, relating to a governmental body's charges for locating, compiling, and producing public information under Chapter 552 of the Texas Government Code (The Public Information Act). The primary purpose of the proposed rule is to implement House Bill ("HB") 2564, enacted by the 80th Legislature, Regular Session (2007), which amended Chapter 552 by allowing a governmental body to require the payment of a charge before complying with certain requests for public information. Specifically, HB 2564 allows a governmental body to require a requestor to cover some of the governmental body's costs associated with locating, compiling, and producing public information if the amount of time the governmental body has spent on requests by that requestor in a 12-month period is equal to or exceeds a time limit established by the governmental body.
Section 70.12 (Allowable Charges Under Section 552.275 of the Texas Government Code). Proposed §70.12(a) establishes that the amount of a charge allowable under Section 552.275 shall be calculated using existing §70.3(c) - (e). Proposed §70.12(b) prohibits a governmental body from including time spent on certain tasks when determining a charge under Section 552.275.
Mr. Greg Simpson, Division Chief of the Open Records Division of the OAG, has determined that for the first five year period in which the proposed rule is in effect, the fiscal impact on state or local government entities will be positive.
While the fiscal impact on public information requestors cannot be fully assessed for the first five-year period in which the proposed rule is in effect, Mr. Simpson anticipates that any adverse effects on small businesses or economic costs to persons in connection with this rule will be negligible.
Mr. Simpson also has determined that for the first five-year period in which the proposed rule is in effect, the anticipated public benefit is greater governmental efficiency and uniformity when complying with public information requests.
Comments on the proposed rule may be submitted, in writing, no later than thirty (30) days from the date of this publication to Ms. Hadassah Schloss, Cost Rules Administrator, Open Records Division, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548 or by e-mail to Hadassah.Schloss@oag.state.tx.us. All requests for a public hearing on the proposed rule, submitted under the Administrative Procedure Act, must be received by the OAG no more than fifteen (15) days after the notice of proposed changes in the sections that have been published in the Texas Register.
The proposed rule is made pursuant to the authority granted to the OAG under Texas Government Code §552.262 and §552.275.
The proposed rule affects Chapter 552 of the Texas Government Code.
§70.12.Allowable Charges Under Section 552.275 of the Texas Government Code
(a) A governmental body shall utilize the methods established in 1 TAC §70.3(c) - (e) when calculating allowable charges under Section 552.275 of the Texas Government Code.
(b) When calculating the amount of time spent complying with an individual's public information request(s) pursuant to Section 552.275 of the Texas Government Code, a governmental body may not include time spent on:
(1) Determining the meaning and/or scope of the request(s);
(2) Requesting a clarification from the requestor;
(3) Comparing records gathered from different sources;
(4) Determining which exceptions to disclosure under Chapter 552 of the Texas Government Code, if any, may apply to information that is responsive to the request(s);
(5) Preparing the information and/or correspondence required under Sections 552.301, 552.303, and 552.305 of the Government Code;
(6) Reordering, reorganizing, or in any other way bringing information into compliance with well established and generally accepted information management practices; or
(7) Providing instruction to, or learning by, employees or agents of the governmental body of new practices, rules, and/or procedures, including the management of electronic records.
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 June 29, 2007.
TRD-200702748
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: August 12, 2007
For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.