Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 75.
AUTOMOBILE CLUB
Subchapter B. REGISTRATION OF AGENTS
1 TAC §75.10
The Office of the Secretary of State adopts amendments to §75.10,
concerning an exemption for individuals who sell automobile club memberships
only in connection with an associated consumer transaction without changes
to the proposed text as published in the November 28, 2003, issue of the
The purpose of the amendments is to clarify that such individuals may receive
minor compensation for the sale of the automobile club membership. The amendments
also provide guidelines regarding the type of associated consumer transactions
that may qualify an individual for the exemption from registration as an automobile
club agent.
No comments were received concerning the proposed amendments.
The amendments are adopted under the Texas Government Code, §2001.004(1)
which provides the Secretary of State with the authority to prescribe and
adopt rules. The amendments affect the Texas Occupations Code, §722.011.
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 January 16, 2004.
TRD-200400387
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Effective date: February 5, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 475-0775
Chapter 111.
EXECUTIVE ADMINISTRATION DIVISION
Subchapter C. COST OF COPIES OF PUBLIC INFORMATION
1 TAC §§111.61 - 111.63, 111.65, 111.67 - 111.71
The Texas Building and Procurement Commission adopts with
changes amendments to Title 1, TAC, Chapter 111, Executive Administration
Division; Subchapter C, §§111.61 - 111.63, 111.65, and 111.67 -
111.71, concerning the cost of copies of public information as published in
the December 19, 2003, issue of the
Texas Register
(28 TexReg 11181). The nonsubstantive changes are necessary because
of two errors made in the printing of the file.
Amendments to §111.67 and §111.71 implement amendments to Texas
Government Code, Chapter 552, enacted by the passage of Senate Bill 653, effective
September 1, 2003. The other amendments recommended by the Open Records Steering
Committee (ORSC) update, restructure, revise language, and create more efficient
processes throughout the rules.
Amendments to the rules will assist the public by clarifying language and
procedures used to determine the cost of copies of pubic records and to better
reflect current practices of the Open Records Steering Committee.
The comment period closed January 18, 2004. No comments were received.
The amendments are adopted under the authority of the Texas Government
Code, Title 5, Chapter 552, §552.262 and §552.269.
The adopted rules will affect the Texas Government Code, Title 5, Chapter
552 and §2308.253
§111.61.Purpose.
(a)
The Texas Building and Procurement Commission (the "Commission")
must:
(1)
Adopt rules for use by each governmental body in determining
charges under Texas Government Code, Chapter 552 (Public Information) Subchapter
F (Charges for Providing Public Information);
(2)
Prescribe the methods for computing the charges for copies
of public information in paper, electronic, and other kinds of media; and
(3)
Establish costs for various components of charges for public
information that shall be used by each governmental body in providing copies
of public information.
(b)
The cost of providing public information is not necessarily
synonymous with the charges made for providing public information. Governmental
bodies must use the charges established by these rules, unless:
(1)
Other law provides for charges for specific kinds of public
information;
(2)
They are a governmental body other than a state agency,
and their charges are within a 25 percent variance above the charges established
by the Commission;
(3)
They request and receive an exemption because their actual
costs are higher; or
(4)
In accordance with Chapter 552 of the Texas Government
Code (also known as the Public Information Act), the governmental body may
grant a waiver or reduction for charges for providing copies of public information
pursuant to §552.267 of the Texas Government Code.
(A)
A governmental body shall furnish a copy of public information
without charge or at a reduced charge if the governmental body determines
that waiver or reduction of the fee is in the public interest because furnishing
the information primarily benefits the general public; or
(B)
If the cost to the governmental body of processing the
collection of a charge for a copy of public information will exceed the amount
of the charge, the governmental body may waive the charge.
§111.62.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Actual cost--The sum of all direct costs plus a proportional
share of overhead or indirect costs. Actual cost should be determined in accordance
with generally accepted methodologies.
(2)
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.
(3)
Commission--The Texas Building and Procurement Commission.
(4)
Governmental Body--As defined by §552.003 of the Texas
Government Code.
(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 67 that provides a water supply or wastewater service, or both,
and is exempt from ad valorem taxation under the Texas Tax Code, Chapter 11, §11.30;
(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;
(K)
A local workforce development board created under §2308.253
of the Texas Government Code;
(L)
A nonprofit corporation that is eligible to receive funds
under the federal community services block grant program and that is authorized
by this state to serve a geographic area of the state; and
(M)
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--Under §§111.61 - 111.71 of
this title, 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)
PC--An IBM compatible PC, Macintosh or Power PC based computer
system operated without a connection to a network.
(9)
Standard paper copy--Under §§111.61 - 111.71
of this title, a copy of public information that is 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 information is recorded is counted as a
single copy. A piece of paper that has information recorded on both sides
is counted as two copies.
(10)
Archival box--A carton box measuring approximately 12.5"
width x 15.5" length x 10" height, or able to contain approximately 1.5 cubic
feet in volume.
§111.63.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 §111.64 of this
title (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 $.10
per page or part of a page. Each side that has recorded information is considered
a page.
(2)
Nonstandard copy. The charges in this subsection are to
cover the materials onto which information is copied and do not reflect any
additional charges, including labor, that may be associated with a particular
request. The charges for nonstandard copies are:
(A)
Diskette--$1.00;
(B)
Magnetic tape--actual cost;
(C)
Data cartridge--actual cost;
(D)
Tape cartridge--actual cost;
(E)
Rewritable CD (CD-RW)--$1.00;
(F)
Non-rewritable CD (CD-R)--$1.00;
(G)
Digital video disc (DVD)--$3.00;
(H)
JAZ drive--actual cost;
(I)
Other electronic media--actual cost;
(J)
VHS video cassette--$2.50;
(K)
Audio cassette--$1.00;
(L)
Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar,
bluebar, not including maps and photographs using specialty paper--See also §111.69
of this title )--$.50;
(M)
Specialty paper (e.g.: Mylar, blueprint, blueline, map,
photographic--actual cost.
(c)
Labor charge for programming. 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 governmental body may charge for the programmer's time.
(1)
The hourly charge for a programmer is $28.50 an hour, which
includes 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 Texas Government Code.
(3)
If the charge for providing a copy of public information
includes costs of labor, a governmental body shall comply with the requirements
of §552.261(b) of the Texas Government Code.
(d)
Labor charge for locating, compiling, and reproducing public
information.
(1)
The charge for labor costs incurred in processing a request
for public information is $15 an hour, which includes fringe benefits. The
labor charge includes the actual time to locate, compile, and reproduce the
requested information.
(2)
A labor 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)
A labor charge 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 governmental body will raise any
exceptions to disclosure of the requested information under the Texas Government
Code, Subchapter C, Chapter 552; or
(B)
To research or prepare a request for a ruling by the attorney
general's office pursuant to §552.301 of the Texas Government Code.
(4)
When confidential information pursuant to a mandatory exception
of the Act is mixed with public information in the same page, a labor charge
may be recovered for time spent to redact, blackout, or otherwise obscure
confidential information in order to release the public information. A labor
charge shall not be made for redacting confidential information for requests
of 50 or fewer pages, unless the request also qualifies for a labor charge
pursuant to Texas Government Code, §552.261(a)(1) or (2).
(5)
If the charge for providing a copy of public information
includes costs of labor, a governmental body shall comply with the requirements
of Texas 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 labor charge is applicable to a request, a
governmental body may include in the charges direct and indirect costs, in
addition to the specific labor charge. This overhead charge would cover such
costs as depreciation of capital assets, rent, maintenance and repair, utilities,
and administrative overhead. If a governmental body 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 or fewer pages of standard paper records unless the request also qualifies
for a labor charge pursuant to Texas Government Code, §552.261(a)(1)
or (2).
(3)
The overhead charge shall be computed at 20% of the charge
made to cover any labor costs associated with a particular request. Example:
if one hour of labor is used for a particular request, the formula would be
as follows: Labor charge for locating, compiling, and reproducing, $15.00
x .20 = $3.00; or Programming labor charge, $28.50 x .20 = $5.70. If a request
requires one hour of labor charge for locating, compiling, and reproducing
information ($15.00 per hour); and one hour of programming labor charge ($28.50
per hour), the combined overhead would be: $15.00 + $28.50 = $43.50 x .20
= $8.70.
(f)
Microfiche and microfilm charge.
(1)
If a governmental body 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 governmental
body 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 governmental bodies. Governmental bodies that do not have in-house capability
to reproduce microfiche or microfilm are encouraged to contact the Texas State
Library before having the reproduction made commercially.
(2)
If only a master copy of information in microform is maintained,
the charge is $.10 per page for standard size paper copies, plus any applicable
labor 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 governmental bodies
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 for requests
that qualify for labor charges under current law.
(2)
If a governmental body 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
labor 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 governmental body, the boxes must still be searched for records that are
responsive to the request, a labor 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.
Each governmental body 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 CPU minute; Midsize--$1.50 per CPU
minute; Client/Server--$2.20 per clock hour; PC or LAN--$1.00 per clock 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.
(5)
A governmental body that does not have in-house computer
capabilities shall comply with requests in accordance with the §552.231
of the Texas Government Code.
(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. Governmental bodies may add
any related postal or shipping expenses which are necessary to transmit the
reproduced information to the requesting party.
(k)
Sales tax. Pursuant to Office of the Comptroller of Public
Accounts' rules sales tax shall not be added on charges for public information
(34 TAC, Part 1, Chapter 3, Subchapter O, §3.341 and §3.342).
(l)
The commission shall reevaluate and update these charges
as necessary.
§111.65.Access to Information Where Copies Are Not Requested.
(a)
Access to information in standard paper form. A governmental
body shall not charge for making available for inspection information maintained
in standard paper form. Charges are permitted only where the governmental
body is asked to provide, for inspection, information that contains mandatory
confidential information and public information. When such is the case, the
governmental body 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 governmental body has 16 or more employees and the
information requested takes more than five hours to prepare the public information
for inspection; and
(A)
Is older than five years; or
(B)
Completely fills, or when assembled will completely fill,
six or more archival boxes.
(2)
The governmental body has 15 or fewer full-time employees
and the information requested takes more than two hours to prepare the public
information for inspection; and
(A)
Is older than three years; or
(B)
Completely fills, or when assembled will completely fill,
three or more archival boxes.
(3)
A governmental body may charge pursuant to paragraphs (1)(A)
and (2)(A) of this subsection only for the production of those documents that
qualify under those paragraphs.
(b)
Access to information in other than standard form. In response
to requests for access, for purposes of inspection only, to information that
is maintained in other than standard form, a governmental body 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.
§111.67.Estimates and Waivers of Public Information Charges.
(a)
A governmental body 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. A
governmental body that fails to provide the required statement may not collect
more than $40. 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, 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 governmental body is capable of receiving
such transmissions, or by electronic mail, if the governmental body 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 business days after the date the statement
was sent, in which the requestor states that the requestor:
(A)
Will accept the estimated charges;
(B)
Is modifying the request in response to the itemized statement;
or
(C)
Has sent to the Texas Building and Procurement Commission
a complaint alleging that the requestor has been overcharged for being provided
with a copy of the public information.
(b)
If after starting the work, but before making the copies
available, the governmental body 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 more than 20% the amount in the
initial statement, if an updated statement was not sent.
(d)
A governmental body that provides a requestor with the
statement mentioned in subsection (a) of this section, may require a deposit
or bond as follows:
(1)
The governmental body has 16 or more full-time employees
and the estimated charges are $100 or more; or
(2)
The governmental body has 15 or fewer full-time employees
and the estimated charges are $50 or more.
(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, a governmental
body may request:
(1)
A bond for the entire estimated amount; or
(2)
A deposit not to exceed 50 percent of the entire estimated
amount.
(f)
A governmental body may require payment of overdue and
unpaid balances before preparing a copy in response to a new request if:
(1)
The governmental body 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)
A governmental body may not seek payment of said unpaid
amounts through any other means.
(h)
A governmental body that 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, shall certify to that
fact in writing, and set a date and hour within a reasonable time when the
information will be available.
§111.68.Processing Complaints of Overcharges.
(a)
Pursuant to §552.269(a) of the Texas Government Code,
a requestor who believes he/she has been overcharged for a copy of public
information may complain to the Commission.
(b)
The complaint must be in writing, and must:
(1)
Set forth the reason(s) the person believes the charges
are excessive;
(2)
Provide a copy of the original request and a copy of any
correspondence from the governmental body stating the proposed charges; and
(3)
Be received by the Texas Building and Procurement Commission
within 10 working days after the person knows of the occurrence of the alleged
overcharge.
(c)
The Texas Building and Procurement Commission shall address
written questions to the governmental body, regarding the methodology and
figures used in the calculation of the charges which are the subject of the
complaint.
(d)
The governmental body shall respond in writing to the questions
within 10 business days from receipt of the questions.
(e)
The Texas Building and Procurement Commission may use tests,
consultations with records managers and technical personnel at TBPC and other
agencies, and any other reasonable resources to determine appropriate charges.
(f)
If the Texas Building and Procurement Commission determines
that the governmental body overcharged for requested public information, the
governmental body 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.
(g)
The Texas Building and Procurement Commission shall send
a copy of the determination to the complainant and to the governmental body.
(h)
Pursuant to §552.269(b) of the Texas Government Code,
a requestor who overpays because a governmental body refuses or fails to follow
the charges established by the Commission, is entitled to recover three times
the amount of the overcharge if the governmental body did not act in good
faith in computing the charges.
(i)
The Texas Building and Procurement Commission does not
have the authority to determine whether or not a governmental body acted in
good faith in computing charges.
§111.69.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): $.10 per
copy x number of copies (standard-size paper copies); + Labor 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): $.10 per copy x number of copies (standard-size paper copies), or
cost of nonstandard copy (e.g., diskette, oversized paper, etc.); + Labor
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); + Labor
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.
(4)
TABLE 4 (Maps): Cost of paper (Cost of Roll/Avg. # of Maps);
+ Cost of Toner (Black or Color, # of Maps per Toner Cartridge); + Labor charge
(if applicable); + Overhead charge (if applicable) + Plotter/Computer resource
Charge; + Actual cost of miscellaneous supplies (if applicable); + Postage
and shipping (if applicable) = $ TOTAL CHARGE.
(5)
TABLE 5 (Photographs): Cost of Paper (Cost of Sheet of
Photographic Paper/Avg. # of Photographs per Sheet); + Developing/Fixing Chemicals
(if applicable); + Labor charge (if applicable); + Overhead charge (if applicable);
+ Postage and shipping (if applicable) = $ TOTAL CHARGE.
§111.70.The Texas Building and Procurement Commission Charge Schedule.
The following is a summary of the charges for copies of public information
that have been adopted by the Commission.
(1)
Standard paper copy--$.10 per page.
(2)
Nonstandard-size copy:
(A)
Diskette: $1.00;
(B)
Magnetic tape: actual cost;
(C)
Data cartridge: actual cost;
(D)
Tape cartridge: actual cost;
(E)
Rewritable CD (CD-RW)--$1.00;
(F)
Non-rewritable CD (CD-R)--$1.00;
(G)
Digital video disc (DVD)--$3.00;
(H)
JAZ drive--actual cost;
(I)
Other electronic media--actual cost;
(J)
VHS video cassette--$2.50;
(K)
Audio cassette--$1.00;
(L)
Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar,
bluebar, not including maps and photographs using specialty paper)--$.50;
(M)
Specialty paper (e.g.: Mylar, blueprint, blueline, map,
photographic)--actual cost.
(3)
Labor charge:
(A)
For programming--$28.50 per hour;
(B)
For locating, compiling, and reproducing--$15 per hour.
(4)
Overhead charge--20% of labor charge.
(5)
Microfiche or microfilm charge:
(A)
Paper copy--$.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 CPU minute;
(B)
Midsize--$1.50 per CPU minute;
(C)
Client/Server system--$2.20 per clock hour;
(D)
PC or LAN--$1.00 per clock hour.
(8)
Miscellaneous supplies--Actual cost.
(9)
Postage and shipping charge--Actual cost.
(10)
Photographs--Actual cost as calculated in accordance with §111.69(5)
of this title.
(11)
Maps--Actual cost as calculated in accordance with §111.69(4)
of this title.
(12)
Other costs--Actual cost.
(13)
Outsourced/Contracted Services--Actual cost for the copy.
May not include development costs.
(14)
No Sales Tax--No Sales Tax shall be applied to copies
of public information.
§111.71.Informing the Public of Basic Rights and Responsibilities under the Public Information Act.
(a)
Pursuant to Texas Government Code, Chapter 552, Subchapter
D, §552.205, an officer for public information shall prominently display
a sign in the form prescribed by the Texas Building and Procurement Commission.
(b)
The sign shall contain basic information about the rights
of requestors 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 Requestors. You have the right to:
(A)
Prompt access to information that is not confidential or
otherwise protected;
(B)
Receive treatment equal to all other requestors, 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 governmental body
determines that access to the information primarily benefits the general public;
(G)
Receive a copy of the communication from the governmental
body 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 Texas Building and Procurement 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 Governmental Bodies. All governmental
bodies responding to information requests have the responsibility to:
(A)
Establish reasonable procedures for inspecting or copying
public information and inform requestors of these procedures;
(B)
Treat all requestors 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 requestors of estimated charges greater than $40
and any changes in the estimates above 20 percent of the original estimate,
and confirm that the requestor accepts the charges, has amended the request,
or has sent a complaint of overcharges to the Texas Building and Procurement
Commission, 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 governmental body 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 governmental body;
(I)
Respond in writing to all written communications from the
Texas Building and Procurement 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 governmental body's reasonable procedures.
(B)
Include enough description and detail about the information
requested to enable the governmental body to accurately identify and locate
the information requested.
(C)
Cooperate with the governmental body'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 business days of the date the governmental body sent it or the request
is considered to be automatically withdrawn;
(ii)
If estimated costs exceed $100.00 (or $50.00 if a governmental
body has fewer than 16 full time employees) the governmental body may require
a bond, prepayment or deposit;
(iii)
You may ask the governmental body 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. A
governmental body 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 a governmental body receives
your written request, a governmental body 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)
Requestors may send a letter to the Attorney General arguing
for release, and may review arguments made by the governmental body. 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 governmental
body'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
requestors may send a request for information to the officer or the officer's
agent. The sign must also contain the physical address at which requestors
may request information in person.
(B)
The sign must contain information of the local county attorney
or district attorney where requestors 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 Texas Building and Procurement 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)
A governmental body may comply with Texas Government Code, §552.205
and this rule by posting the sign provided by the Texas Building and Procurement
Commission.
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 January 22, 2004.
TRD-200400446
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: February 11, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 463-4257
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 114.
PAYMENT FOR GOODS AND SERVICES