Part 5.
TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter 190.
PROCEDURES OF THE BOARD
10 TAC §190.4
The Texas Department of Economic Development (department)
proposes an amendment to Chapter 190, §190.4 relating to setting forth
procedures for the Department's governing board.
The amendment is being proposed to §190.4(b) to provide clarification
regarding membership on advisory committees. The amendment provides that the
number of members will not exceed 24 and that one board member will serve
on a committee in a non-voting capacity.
Robin Abbott, General Counsel, has determined that for each year of the
first five years that the amendment is in effect there will be no fiscal implications
to the state or to local governments as a result of enforcing or administering
the amendment. No cost or reduction in cost to either government or the public
is anticipated as a result of the amendment. There will be no impact on small
businesses or micro-businesses. No economic cost is anticipated to persons
as a result of the amendment.
Ms. Abbott has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated will be better understanding
of the structure of advisory committee membership to the department. No economic
costs are anticipated to persons who are required to comply with the proposed
amendment.
Written comments on the proposed amendment may be submitted within 30 days
of publication to DeAnn Luper, Legal Assistant, Texas Department of Economic
Development. Comments may be mailed to P.O. Box 12728, Austin, Texas, 78711-2728;
hand-delivered to 1700 North Congress, Suite 130, Austin, Texas, 78701; or
faxed to (512) 936-0415.
The amendment is proposed under the authority of Government Code, §481.0044(a),
which authorizes the board to adopt rules for administration of the department
and for its internal management and control, and the Administrative Procedure
Act, Government Code, Chapter 2001, Subchapter B, Rulemaking, which prescribes
the standards for agency rulemaking.
Government Code, Chapter 481 is affected by this proposal.
§190.4.Committees.
(a)
(No change.)
(b)
Advisory committees. By a majority vote, the board may
from time to time establish advisory committees to study, advise, make recommendations,
and otherwise assist the board in carrying out its duties. Such committees
shall consist of
at least one member
[
(c)-(d)
(No change.)
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 16, 2000.
TRD-200004230
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 936-0177
10 TAC §§192.1-192.7
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Economic Development or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Economic Development (department)
proposes the repeal of Chapter 192, Open Records Charges, §§192.1-192.7,
concerning the requirement for all state agencies to specify the charges that
the agency will make for copies of public records. The repeal is necessary
to accurately reflect current law and to allow the adoption of new rules that
more closely reflect the guidelines adopted by the General Services Commission.
Robin Abbott, General Counsel, has determined that for each year of the
first five years that the repeal will be in effect there will be no fiscal
implications to the state or to local governments as a result of the repeal.
No cost to either government or the public will result from the repeal. There
will be no impact on small businesses or microbusinesses. No economic cost
is anticipated to persons as a result of the repeal.
Ms. Abbott has also determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of the
repeal will be the avoidance of any confusion that may be caused by incorrect
charges or legal citations. No economic costs are anticipated to persons who
are required to comply with the proposed repeal.
Written comments on this proposed repeal may be hand-delivered to DeAnn
Luper, Legal Assistant, Texas Department of Economic Development, 1700 North
Congress, Suite 130, Austin, Texas, 78701, mailed to P.O. Box 12728, Austin,
Texas, 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.
The repeal is proposed pursuant to Government Code, §481.0044(a),
which directs the Governing Board of the department to adopt rules for administration
of department programs, and Government Code, Chapter 2001, Subchapter B which
prescribes the standards for rulemaking by state agencies, and Government
Code, Chapter 552, Subchapter F which requires state agencies to specify the
charges that the agency will make for copies of public records.
Texas Government Code, Chapter 481, is affected by this proposal.
§192.1.General Provisions.
§192.2.Charges for Providing Copies of Public Information.
§192.3.Access to Information Where Copies Are Not Requested.
§192.4.Format for Copies of Public Information.
§192.5.Estimates and Waivers of Public Information Charges.
§192.6.Requests for Public Records.
§192.7.Charge Schedule.
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 16, 2000.
TRD-200004232
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 936-0177
10 TAC §§192.1-192.11
The Texas Department of Economic Development (department)
proposes new Chapter 192, Open Records Charges, §§192.1-192.11,
concerning the requirement for all state agencies to specify the charges that
the agency will make for copies of public records. The department wishes to
adopt new rules that more closely reflect the guidelines adopted by the General
Services Commission.
Robin Abbott, General Counsel, has determined that for each year of the
first five years that the rules will be in effect there will be no fiscal
implications to the state or to local governments as a result of the rules.
No cost to either government or the public will result from the rules. There
will be no impact on small businesses or microbusinesses. No economic cost
is anticipated to persons as a result of the rules.
Ms. Abbott has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of the
proposed rules will be the avoidance of any confusion caused by incorrect
charges or legal citations. No economic costs are anticipated to persons who
are required to comply with the proposed rules.
Written comments on this proposed review may be hand-delivered to DeAnn
Luper, Legal Assistant, Texas Department of Economic Development, 1700 North
Congress, Suite 130, Austin, Texas, 78701, mailed to P.O. Box 12728, Austin,
Texas, 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.
The new sections are proposed pursuant to Government Code, §481.0044(a),
which directs the Governing Board of the department to adopt rules for administration
of department programs, and Government Code, Chapter 2001, Subchapter B which
prescribes the standards for rulemaking by state agencies, and Government
Code, Chapter 552, Subchapter F which requires state agencies to specify the
charges that the agency will make for copies of public records.
Texas Government Code, Chapter 481, is affected by this proposal.
§192.1.General Provisions.
(a)
Introduction. Government Code, Chapter 552, Subchapter
F, requires state agencies to specify charges that the agency will make for
copies of public records. The Texas Department of Economic Development prescribes
the following sections regarding the charges that will be made for copies
of public records. In accordance with Government Code, Chapter 552, which
provides that the General Services Commission by rule shall specify the methods
and procedures that a state agency may use in determining the amounts that
the state agency should charge to recover the actual cost of providing copies
of public records, and in accordance with 1 TAC §111.61(b) of the General
Services Commission rules, the Texas Department of Economic Development adopts
the charges set out in 1 TAC §§111.61-111.71 of the General Services
Commission rules.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Department--Texas Department of Economic Development.
(2)
Actual cost--The sum of all direct costs plus a proportional
share of overhead indirect costs. Actual cost should be determined in accordance
with generally accepted methodologies. To determine actual costs, the department
may utilize the cost methodology adopted by the Council on Competitive Government.
(3)
Client/Server System--A combination of two or more
computers that serve a particular application through sharing processing,
data storage, and end-user interface presentation. PCs located in a LAN environment
containing file servers fall into this category as do applications running
in an X-window environment where the server is a UNIX based system.
(4)
Governmental Body--As defined by §552.003 of
the Public Information Act, means:
(A)
a board, commission, department, committee, institution,
agency, or office that is within or is created by the executive or legislative
branch of state government and that is directed by one or more elected or
appointed members;
(B)
a county commissioners court in the state;
(C)
a municipal governing body in the state;
(D)
a deliberative body that has rulemaking or quasi-judicial
power and that is classified as a department, agency, or political subdivision
of a county or municipality;
(E)
a school district board of trustees;
(F)
a county board of school trustees;
(G)
a county board of education;
(H)
the governing board of a special district;
(I)
the governing body of a nonprofit corporation organized
under Chapter 76, Acts of the 43rd Legislature, First Called Session, 1933
(Article 1434a, Texas Civil Statutes), that provides a water supply or wastewater
service, or both, and is exempt from ad valorem taxation under the Tax Code, §11.30;
and
(J)
the part, section, or portion of an organization, corporation,
commission, committee, institution, or agency that spends or that is supported
in whole or in part by public funds; and
(K)
does not include the judiciary.
(5)
Mainframe Computer--A computer located in a controlled
environment and serving large applications and/or large numbers of users.
These machines usually serve an entire organization or some group of organizations.
These machines usually require an operating staff. IBM and UNISYS mainframes,
and large Digital VAX 9000 and VAX Clusters fall into this category.
(6)
Midsize Computer--A computer smaller than a Mainframe
Computer that is not necessarily located in a controlled environment. It usually
serves a smaller organization or a sub-unit of an organization. IBM AS/400
and Digital VAX/VMS multi-user single-processor systems fall into this category.
(7)
Nonstandard copy--A copy of public information that
is made available to a requestor in any format other than a standard paper
copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM are examples
of nonstandard copies. Paper copies larger than 8 1/2 by 14 inches (legal
size) are also considered nonstandard copies.
(8)
Standalone PC--An IBM compatible PC, Macintosh or
Power PC based computer system operated without a connection to a network.
(9)
Standard paper 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.
§192.2.Charges for Providing Copies of Public Information.
(a)
The charges in this section to recover costs associated
with providing copies of public information are based on estimated average
costs to governmental bodies across the state. When actual costs are 25% higher
than those used in these rules, governmental bodies other than agencies of
the state, may request an exemption in accordance with 1 TAC §111.64
of the General Services Commission rules (relating to Requesting an Exemption).
(b)
Copy charge.
(1)
Standard paper copy. The charge for standard paper copies
reproduced by means of an office machine copier or a computer printer is $0.10
per page or part of a page. Each side that has a printed image is considered
a page.
(2)
Nonstandard copy. The charges for nonstandard copies
are:
(A)
diskette--$1.00;
(B)
magnetic tape--$11-$13.50 (depending on width--see §192.9
of this title (relating to the Charge Schedule));
(C)
data cartridge--$17.50-$35 (depending on series--see §192.9
of this title);
(D)
tape cartridge--$38-$45 (depending on memory--see §192.9
of this title);
(E)
VHS video cassette--$2.50;
(F)
audio cassette--$1.00;
(G)
oversize paper copy (i.e.: 11 inches by 17 inches, greenbar,
bluebar)--$0.50;
(H)
Mylar--$0.85-$1.35/linear foot (depending on thickness--see §192.9
of this title);
(I)
Blueprint/Blueline paper--$0.20/linear foot (all widths).
(3)
The charges in this subsection are to cover the
cost of materials onto which information is copied and do not reflect any
additional charges that may be associated with a particular request.
(c)
Programming personnel. If a particular request requires
the services of a programmer in order to execute an existing program or to
create a new program so that requested information may be accessed and copied,
the department may charge for the programmer's time.
(1)
The hourly charge for a programmer is $26 an hour, including
fringe benefits. Only programming services shall be charged at this hourly
rate.
(2)
Governmental bodies that do not have in-house programming
capabilities shall comply with requests in accordance with §552.231 of
the Public Information Act.
(3)
If the charge for providing a copy of public information
includes costs of labor, the department shall comply with the requirements
of Government Code, Chapter 552, §552.261(b).
(d)
Other Personnel charge.
(1)
The charge for other personnel costs, incurred in processing
a request for public information is $15 an hour, including fringe benefits.
Where applicable, the other personnel charge may include the actual time to
locate, compile, and reproduce the requested information.
(2)
An other personnel charge shall not be billed in connection
with complying with requests that are for 50 or fewer pages of paper records,
unless the documents to be copied are located in:
(A)
two or more separate buildings that are not physically
connected with each other; or
(B)
a remote storage facility.
(3)
Other personnel time shall not be recovered for
any time spent by an attorney, legal assistant, or any other person who reviews
the requested information:
(A)
to determine whether the department will raise any exceptions
to disclosure of the requested information under Subchapter C of the Public
Information Act; or
(B)
to research or prepare a request for a ruling by the attorney
general's office pursuant to §552.301 of the Public Information Act.
(4)
When confidential information is mixed with public
information in the same page, personnel time may be recovered for time spent
to obliterate, blackout, or otherwise obscure confidential information in
order to release the public information.
(5)
If the charge for providing a copy of public information
includes costs of labor, the department shall comply with the requirements
of Government Code, Chapter 552, §552.261(b).
(6)
For purposes of paragraph (2)(A) of this subsection,
two buildings connected by a covered or open sidewalk, an elevated or underground
passageway, or a similar facility, are not considered to be separate buildings.
(e)
Overhead charge.
(1)
Whenever any personnel charge is applicable to a request,
the department may include in the charges direct and indirect costs, in addition
to the specific personnel charge. This overhead charge would cover such costs
as depreciation of capital assets, rent, maintenance and repair, utilities,
and administrative overhead. If the department chooses to recover such costs,
a charge shall be made in accordance with the methodology described in paragraph
(3) of this subsection. Although an exact calculation of costs will vary,
the use of a standard charge will avoid complication in calculating such costs
and will provide uniformity for charges made statewide.
(2)
An overhead charge shall not be made for requests
for copies of 50 pages or fewer of standard paper records.
(3)
The overhead charge shall be computed at 20% of the
charge made to cover any personnel costs associated with a particular request.
Example: if one hour of personnel (programming, other personnel or a combination
of both) is used for a particular request, the formula would be as follows:
$15.00 x 0.20 = $3.00; or $26.00 x 0.20 = $5.20; or $41.00 x 0.20 = $8.20.
(f)
Microfiche and microfilm charge.
(1)
If the department already has information that exists on
microfiche or microfilm and has copies available for sale or distribution,
the charge for a copy must not exceed the cost of its reproduction. If no
copies of the requested microfiche or microfilm are available and the information
on the microfiche or microfilm can be released in its entirety, the department
should make a copy of the microfiche or microfilm. The charge for a copy shall
not exceed the cost of its reproduction. The Texas State Library and Archives
Commission has the capacity to reproduce microfiche and microfilm for state
agencies. Governmental bodies that do not have in-house capability to reproduce
microfiche or microfilm may charge the actual costs of having the reproduction
made commercially.
(2)
If only a master copy of information in microform
is maintained, the charge is $0.10 per page for standard size paper copies,
plus any applicable personnel and overhead charge for more than 50 copies.
(g)
Remote document retrieval charge.
(1)
Due to limited on-site capacity of storage of documents,
it is frequently necessary to store information that is not in current use
in remote storage locations. Every effort should be made by the department
to store current records on-site. State agencies are encouraged to store inactive
or non-current records with the Texas State Library and Archives Commission.
To the extent that the retrieval of documents results in a charge to comply
with a request, it is permissible to recover costs of such services.
(2)
If the department has a contract with a commercial
records storage company, whereby the private company charges a fee to locate,
retrieve, deliver, and return to storage the needed record(s), no additional
personnel charge shall be factored in for time spent locating documents at
the storage location by the private company's personnel. If after delivery
to the department, the boxes must still be searched for records that are responsive
to the request, a personnel charge is allowed according to subsection (d)(1)
of this section.
(h)
Computer resource charge.
(1)
The computer resource charge is a utilization charge for
computers based on the amortized cost of acquisition, lease, operation, and
maintenance of computer resources, which might include, but is not limited
to, some or all of the following: central processing units (CPUs), servers,
disk drives, local area networks (LANs), printers, tape drives, other peripheral
devices, communications devices, software, and system utilities.
(2)
These computer resource charges are not intended to
substitute for cost recovery methodologies or charges made for purposes other
than responding to public information requests.
(3)
The charges in this subsection are averages based
on a survey of governmental bodies with a broad range of computer capabilities.
The department, using this cost recovery charge shall determine which category(ies)
of computer system(s) used to fulfill the public information request most
closely fits its existing system(s), and set its charge accordingly. Type
of System--Rate: Mainframe--$10 per minute; Midsize--$1.50 per minute; Client/Server--$2.20
per hour; PC or LAN--$1.00 per hour.
(4)
The charge made to recover the computer utilization
cost is the actual time the computer takes to execute a particular program
times the applicable rate. The CPU charge is not meant to apply to programming
or printing time; rather, it is solely to recover costs associated with the
actual time required by the computer to execute a program. This time, called
CPU time, can be read directly from the CPU clock, and most frequently will
be a matter of seconds. If programming is required to comply with a particular
request, the appropriate charge that may be recovered for programming time
is set forth in subsection (d) of this section. No charge should be made for
computer print-out time. Example: If a mainframe computer is used, and the
processing time is 20 seconds, the charges would be as follows: $10 / 3 =
$3.33; or $10 / 60 x 20 = $3.33.
(i)
Miscellaneous supplies. The actual cost of miscellaneous
supplies, such as labels, boxes, and other supplies used to produce the requested
information, may be added to the total charge for public information.
(j)
Postal and shipping charges. The department may add any
related postal or shipping expenses which are necessary to transmit the reproduced
information to the requesting party.
(k)
Sales tax. Sales tax shall not be added on charges for
public information.
(l)
The commission shall reevaluate and update these charges
as necessary.
§192.3.Requesting an Exemption.
(a)
Pursuant to §552.262(c) of the Public Information
Act, the department may request that it be exempt from part or all of these
rules.
(b)
State agencies must request an exemption if their charges
to recover costs are higher than those established by these rules.
(c)
Governmental bodies, other than agencies of the state,
must request an exemption before seeking to recover costs that are more than
25% higher than the charges established by these rules.
(d)
An exemption request must be made in writing, and must
contain the following elements:
(1)
A statement identifying the subsection(s) of these rules
for which an exemption is sought;
(2)
The reason(s) the exemption is requested;
(3)
A copy of the proposed charges;
(4)
The methodology and figures used to calculate/compute
the proposed charges;
(5)
Any supporting documentation, such as invoices, contracts,
etc.; and
(6)
The name, title, work address, and phone number of
a contact person at the department.
(e)
The contact person shall provide sufficient information
and answer in writing any questions necessary to process the request for exemption.
(f)
If there is good cause to grant the exemption, because
the request is duly documented, reasonable, and in accordance with generally
accepted accounting principles, the exemption shall be granted. The name of
the department shall be added to a list to be published annually in the
(g)
If the request is not duly documented and/or the charges
are beyond cost recovery, the request for exemption shall be denied. The letter
of denial shall:
(1)
Explain the reason(s) the exemption cannot be granted;
and
(2)
Whenever possible, propose alternative charges.
(h)
All determinations to grant or deny a request for exemption
shall be completed promptly, but shall not exceed 90 days from receipt of
the request by the Commission.
§192.4.Access to Information Where Copies Are Not Requested.
(a)
Access to information in standard paper form. The department
shall not charge for making available for inspection information maintained
in standard paper form. Charges are permitted only where the department is
asked to provide, for inspection, information that contains confidential information
and public information. When such is the case, the department may charge to
make a copy of the page from which information must be edited. No other charges
are allowed except as follows:
(1)
The department has 16 or more employees and the information
requested:
(A)
is older than five years; or
(B)
completely fills, or when assembled will completely fill,
six or more archival boxes; and
(C)
it is estimated that more than five hours will be required
to make the public information available for inspection.
(2)
The department may charge pursuant to paragraph
(1) of this subsection only for the production of those documents that qualify
under that paragraph.
(b)
Access to information in other than standard paper form.
In response to requests for access, for purposes of inspection only, to information
that is maintained in other than standard form, the department may not charge
the requesting party the cost of preparing and making available such information,
unless complying with the request will require programming or manipulation
of data.
§192.5.Format for Copies of Public Information.
(a)
If a requesting party asks that information be provided
on a diskette or other computer-compatible media, and the requested information
is electronically stored, the department shall provide the information on
computer-compatible media.
(b)
The extent to which a requestor can be accommodated will
depend largely on the technological capability of the department to which
the request is made.
(c)
The department is not required to purchase any hardware,
software or programming capabilities that it does not already possess to accommodate
a particular kind of request.
(d)
Provision of a copy of public information in the requested
medium shall not violate the terms of any copyright agreement between the
department and a third party.
(e)
If the department does not have the required technological
capabilities to comply with the request in the format preferred by the requestor,
the department shall proceed in accordance with §552.228(c) of the Public
Information Act.
(f)
If the department receives a request requiring programming
or manipulation of data, the department should proceed in accordance with §552.231
of the Public Information Act. Manipulation of data under §552.231 applies
only to information stored in electronic format.
§192.6.Estimates and Waivers of Public Information Charges.
(a)
The department is required to provide a requestor with
an itemized statement of estimated charges if charges for copies of public
information will exceed $40, or if a charge in accordance with §111.65
of this title (relating to Access to Information Where Copies Are Not Requested)
will exceed $40 for making public information available for inspection. The
itemized statement must be provided free of charge and must contain the following
information:
(1)
the itemized estimated charges, including any allowable
charges for labor or personnel cost, overhead, copies, etc.;
(2)
whether a less costly or no-cost way of viewing the
information is available;
(3)
a statement that the requestor must respond in writing
by mail, in person, by facsimile if the department is capable of receiving
such transmissions, or by electronic mail, if the department has an electronic
mail address;
(4)
a statement that the request will be considered to
have been automatically withdrawn by the requestor if a written response from
the requestor is not received within ten days after the date the statement
was sent, in which the requestor states that the requestor:
(A)
will accept the estimated charges; or
(B)
is modifying the request in response to the itemized statement.
(b)
If after starting the work, but before making the copies
available, the department determines that the initial estimated statement
will be exceeded by 20% or more, an updated statement must be sent. If the
requestor does not respond to the updated statement, the request is considered
to have been withdrawn by the requestor.
(c)
If the actual charges exceed $40, the charges may not exceed:
(1)
the amount estimated on the updated statement; or
(2)
an amount that exceeds by 20% or more the amount in
the initial statement, if an updated statement was not sent.
(d)
If the department provides a requestor with the statement
mentioned in subsection (a) of this section, it may require a deposit or bond
if the estimated charges are $100.
(e)
If a request for the inspection of paper records will qualify
for a deposit or a bond as detailed in subsection (d) of this section, the
department may request:
(1)
a bond for the entire estimated amount; or
(2)
a deposit not to exceed 50% of the entire estimated
amount.
(f)
The department may require payment of overdue and unpaid
balances before preparing a copy in response to a new request if:
(1)
the department provided, and the requestor accepted, the
required itemized statements for previous requests that remain unpaid if itemized
statements were required by law; and
(2)
the aggregated unpaid amount exceed $100.
(g)
The department may not seek payment of said unpaid amounts
through any other means.
(h)
If the department cannot produce the public information
for inspection and/or duplication within 10 business days after the date the
written response from the requestor has been received, it shall certify to
that fact in writing, and set a date and hour within a reasonable time when
the information will be available.
§192.7.Processing Complaints of Overcharges.
(a)
Pursuant to the §552.269(a) of the Public Information
Act, a requestor who believes he/she has been overcharged for a copy of public
information may complain to the General Services Commission.
(b)
The complaint must be in writing, and must:
(1)
set forth the reason(s) the person believes the charges
are excessive; and
(2)
be received by the General Services Commission within
10 working days after the person knows of the occurrence of the alleged overcharge.
(c)
The General Services Commission shall address written questions
to the department, regarding the methodology and figures used in the calculation
of the charges which are the subject of the complaint.
(d)
The department shall respond in writing to the questions
within 10 days from receipt of the questions.
(e)
If the General Services Commission determines that the
department overcharged for requested public information, the department shall
adjust its charges in accordance with the determination, and shall refund
the difference between what was charged and what was determined to be appropriate
charges.
(f)
The General Services Commission shall send a copy of the
determination to the complainant and to the department.
(g)
Pursuant to §552.269(b) of the Public Information
Act, a requestor who overpays because the department refuses or fails to follow
the charges established by the Commission, is entitled to recover three times
the amount of the overcharge if the department did not act in good faith in
computing the charges.
(h)
The General Services Commission does not have the authority
to determine whether or not the department acted in good faith in computing
charges.
§192.8.Examples of Charges for Copies of Public Information.
The following tables present a few examples of the calculations of
charges for information:
(1)
TABLE 1 (Fewer than 50 pages of paper records): $0.10 per
copy x number of copies (standard-size paper copies); + Personnel charge (if
applicable); + Overhead charge (if applicable); + Document retrieval charge
(if applicable); + Postage and shipping (if applicable) = $ TOTAL CHARGE.
(2)
TABLE 2 (More than 50 pages of paper records or nonstandard
copies): $0.10 per copy x number of copies (standard-size paper copies), or
cost of nonstandard copy (e.g., diskette, oversized paper, etc.); + Personnel
charge (if applicable); + Overhead charge (if applicable); + Document retrieval
charge (if applicable); + Actual cost of miscellaneous supplies (if applicable);
+ Postage and shipping (if applicable) = $ TOTAL CHARGE.
(3)
TABLE 3 (Information that Requires Programming or
Manipulation of Data): Cost of copy (standard or nonstandard, whichever applies);
+ Personnel charge; + Overhead charge; + Computer resource charge; + Programming
time (if applicable); + Document retrieval charge (if applicable); + Actual
cost of miscellaneous supplies (if applicable); + Postage and shipping (if
applicable) = $ TOTAL CHARGE.
§192.9.Charge Schedule.
The following is a summary of the charges for copies of public information
that have been adopted by the department. Service Rendered--Charge:
(1)
Standard paper copy--$0.10 per page.
(2)
Nonstandard-size copy:
(A)
Diskette--$1.00 each;
(B)
Magnetic tape:
(i)
4 mm.--$13.50 each;
(ii)
8 mm.--$12 each;
(iii)
9-track--$11 each;
(C)
Data Cartridge:
(i)
2000 Series--$17.50 each;
(ii)
3000 Series--$20 each;
(iii)
6000 Series--$25 each;
(iv)
9000 Series--$35 each;
(v)
600A--$20 each;
(D)
Tape Cartridge:
(i)
250 MB--$38 each;
(ii)
525 MB--$45 each;
(E)
VHS video cassette--$2.50 each;
(F)
Audio cassette--$1.00 each;
(G)
Oversized Paper copy--$0.50 each;
(H)
Mylar (36-inch, 42-inch, and 48-inch):
(i)
3 mil.--$0.85/linear foot;
(ii)
4 mil.--$1.10/linear foot;
(iii)
5 mil.--$1.35/linear foot;
(I)
Blueline/blueprint paper (all widths)--$0.20/linear foot;
(J)
Other--Actual cost.
(3)
Personnel charge:
(A)
Programming personnel--$26 per hour;
(B)
Other personnel--$15 per hour.
(4)
Overhead charge--20% of personnel charge.
(5)
Microfiche or microfilm charge:
(A)
Paper copy--$0.10 per page;
(B)
Fiche or film copy--Actual cost.
(6)
Remote document retrieval charge--Actual cost.
(7)
Computer resource charge:
(A)
Mainframe--$10 per minute;
(B)
Midsize--$1.50 per minute;
(C)
Client/Server--$2.20 per hour;
(D)
PC or LAN--$1.00 per hour.
(8)
Miscellaneous supplies--Actual cost.
(9)
Postage and shipping charge--Actual cost.
(10)
Photographs--Actual cost.
(11)
Other costs--Actual cost.
(12)
Outsourced/Contracted Services--Actual cost.
(13)
No Sales Tax--No Sales Tax shall be applied to copies
of public information.
§192.10.Requests for Public Records.
Members of the public may request public records by sending a written
request by mail to the Texas Department of Economic Development, Attention:
General Counsel, P.O. Box 12728, Austin, Texas 78711-2728; in person to the
Texas Department of Economic Development, Attention: General Counsel, 1700
North Congress, Suite 130, Austin, Texas 78701; or by fax to (512) 936-0415.
§192.11.Informing the Public of Basic Rights and Responsibilities under the Public Information Act.
(a)
Pursuant to Government Code, Chapter 552, Subchapter D, §552.205,
an officer for public information shall prominently display a sign in the
form prescribed by the General Services Commission.
(b)
The sign shall contain basic information about the rights
of requesters and responsibilities of governmental bodies that are subject
to Chapter 552, as well as the procedures for inspecting or obtaining a copy
of public information under said chapter.
(c)
The sign shall have the minimum following characteristics:
(1)
Be printed on plain paper.
(2)
Be no less than 8 1/2 inches by 14 inches in total
size, exclusive of framing.
(3)
The sign may be laminated to prevent alterations.
(d)
The sign will contain the following wording:
(1)
The Public Information Act. Texas Government Code, Chapter
552, gives you the right to access government records; and an officer for
public information and the officer's agent may not ask why you want them.
All government information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information. Governmental bodies
shall promptly release requested information that is not confidential by law,
either constitutional, statutory, or by judicial decision, or information
for which an exception to disclosure has not been sought.
(2)
Rights of Requesters. You have the right to:
(A)
Prompt access to information that is not confidential or
otherwise protected;
(B)
Receive treatment equal to all other requesters, including
accommodation in accordance with the Americans with Disabilities Act (ADA)
requirements;
(C)
Receive certain kinds of information without exceptions,
like the voting record of public officials, and other information;
(D)
Receive a written itemized statement of estimated charges,
when charges will exceed $40, in advance of work being started and opportunity
to modify the request in response to the itemized statement;
(E)
Choose whether to inspect the requested information (most
often at no charge), receive copies of the information, or both;
(F)
A waiver or reduction of charges if the department determines
that access to the information primarily benefits the general public;
(G)
Receive a copy of the communication from the department
asking the Office of the Attorney General for a ruling on whether the information
can be withheld under one of the accepted exceptions, or if the communication
discloses the requested information, a redacted copy;
(H)
Lodge a written complaint about overcharges for public
information with the General Services Commission. Complaints of other possible
violations may be filed with the county or district attorney of the county
where the governmental body, other than a state agency, is located. If the
complaint is against the county or district attorney, the complaint must be
filed with the Office of the Attorney General.
(3)
Responsibilities of the department. When the
department responds to information requests, it has the responsibility to:
(A)
Establish reasonable procedures for inspecting or copying
public information and inform requesters of these procedures;
(B)
Treat all requesters uniformly and shall give to the requestor
all reasonable comfort and facility, including accommodation in accordance
with ADA requirements;
(C)
Be informed about open records laws and educate employees
on the requirements of those laws;
(D)
Inform requesters of estimated charges greater than $40
and any changes in the estimates above 20% of the original estimate, and confirm
that the requestor accepts the charges, or has amended the request, in writing
before finalizing the request;
(E)
Inform requestor if the information cannot be provided
promptly and set a date and time to provide it within a reasonable time;
(F)
Request a ruling from the Office of the Attorney General
regarding any information the department wishes to withhold, and send a copy
of the request for ruling, or a redacted copy, to the requestor;
(G)
Segregate public information from information that may
be withheld and provide that public information promptly;
(H)
Make a good faith attempt to inform third parties when
their proprietary information is being requested from the department;
(I)
Respond in writing to all written communications from the
General Services Commission regarding charges for the information. Respond
to the Office of the Attorney General regarding complaints about violations
of the Act.
(4)
Procedures to Obtain Information.
(A)
Submit a request by mail, fax, email or in person, according
to a department's reasonable procedures.
(B)
Include enough description and detail about the information
requested to enable the department to accurately identify and locate the information
requested.
(C)
Cooperate with the department's reasonable efforts to clarify
the type or amount of information requested.
(5)
Information to be released.
(A)
You may review it promptly, and if it cannot be produced
within 10 working days the public information office will notify you in writing
of the reasonable date and time when it will be available;
(B)
Keep all appointments to inspect records and to pick up
copies. Failure to keep appointments may result in losing the opportunity
to inspect the information at the time requested;
(C)
Cost of Records.
(i)
You must respond to any written estimate of charges within
10 days of the date the department sent it or the request is considered to
be automatically withdrawn;
(ii)
If estimated costs exceed $100.00 the department may require
a bond, prepayment or deposit;
(iii)
You may ask the department to determine whether providing
the information primarily benefits the general public, resulting in a waiver
or reduction of charges;
(iv)
Make timely payment for all mutually agreed charges. The
department can demand payment of overdue balances exceeding $100.00, or obtain
a security deposit, before processing additional requests from you.
(6)
Information that may be withheld due to
an exception.
(A)
By the 10th business day after the department receives
your written request, the department must:
(i)
Request an Attorney General Opinion and state which exceptions
apply;
(ii)
Notify the requestor of the referral to the Attorney General;
and
(iii)
Notify third parties if the request involves their proprietary
information;
(B)
Failure to request an Attorney General opinion and to notify
the requestor within 10 business days will result in a presumption that the
information is open unless there is a compelling reason to withhold it.
(C)
Requesters may send a letter to the Attorney General arguing
for release, and may review arguments made by the department. If the arguments
disclose the requested information, the requestor may obtain a redacted copy.
(D)
The Attorney General must render a decision no later than
the 45th working day after the attorney general received the request for a
decision. The attorney general may request an additional 10 working days extension.
(E)
Governmental bodies may not ask the Attorney General to
"reconsider" an opinion.
(7)
Additional Information on Sign.
(A)
The sign must contain contact information of the department's
officer for public information, or the officer's agent, as well as the mailing
address, phone and fax numbers, and email address, if any, where requesters
may send a request for information to the officer or the officer's agent.
The sign must also contain the physical address at which requesters may request
information in person.
(B)
The sign must contact information of the local county attorney
or district attorney where requesters may submit a complaint of alleged violations
of the Act, as well as the contact information for the Office of the Attorney
General and the General Services Commission.
(C)
The sign must also contain contact information of the person
or persons with whom a requestor may make special arrangements for accommodation
pursuant to the American with Disabilities Act.
(e)
The department may comply with §552.205 and this section
by posting the sign provided by the General Services Commission.
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 16, 2000.
TRD-200004233
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 936-0177
not less than two and
not more than four members
] of the board and any other persons deemed
qualified by the board, in any number
not to exceed 24
. Advisory
committee members shall be appointed by majority vote of the board. Committee
members may serve for a term set by the Board and/or be removed at any time
by majority vote of the board.
Chapter 192.
OPEN RECORDS CHARGES
Chapter 196.
ADVISORY COMMITTEES