PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATIVE DEPARTMENT
The Texas Historical Commission (Commission) adopts an amendment to §11.12 (relating to Limitations on Responses to Public Information Requests) of Title 13, Part 2, Chapter 11 of the Texas Administrative Code without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2350). This section will further clarify the implementation of Texas Government Code §552.275, which allows governmental bodies to set limitations on the amount of time a governmental body must spend responding to requests under the Public Information Act without charging the requestor for the personnel time spent responding to the requests. The amendment provides that the Commission will not waive charges for labor when they are applicable to a requestor whose requests have required staff labor in excess of 36 hours in a single fiscal year.
No comments were received regarding the proposed amendment to this rule.
The amendment is adopted under the Texas Government Code §442.005, which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of this chapter, and Texas Government Code §552.275, which provides that governmental bodies may adopt rules on this subject. No other codes, articles, or statutes are affected by this proposal.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 11, 2009.
TRD-200903490
Mark Wolfe
Chief Deputy Executive Director
Texas Historical Commission
Effective date: August 31, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-8817