Part 1. COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 1. CENTRAL ADMINISTRATION
Subchapter B. PUBLIC INFORMATION
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Comptroller of Public Accounts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Comptroller of Public Accounts proposes the repeal of §1.200 concerning charges for public information. The existing §1.200 is being repealed because it was superseded and made obsolete by Acts 2005, Chapter 716, §6, 79th Legislature, 2005, effective September 1, 2005. The Texas Public Information Act currently provides, in Government Code, §552.262, that the Attorney General sets out the cost rules that state agencies must use for public information costs.
Government Code, §552.262 does allow agencies to seek a variance from the cost rules, if sought in writing and if formally approved by the Attorney General, with publication of that variance in the Texas Register. This agency has not sought a variance from the Attorney General's cost rules; thus, as required by statute, we abide by the Attorney General's cost rules. Therefore, since the authority that state agencies had to promulgate cost rules has been abolished, and since we do follow the Attorney General's cost rules, §1.200 is no longer needed.
John Heleman, Chief Revenue Estimator, has determined that repeal of the rule will not result in any fiscal implications to the state or to units of local government.
Mr. Heleman also has determined the repeal would benefit the public by assuring uniformity with the Attorney General's rules concerning charges for providing public information. There would be no anticipated cost to the public. The proposed repeal would have no significant fiscal impact on small businesses. There are no additional costs to persons who are required to comply with the repeal.
Comments on the proposal may be submitted to Ruth Soucy, Comptroller's Open Records Section, P.O. Box 13528, Austin, Texas 78711.
The repeal is proposed under Government Code, §2001.039(e).
The repeal implements Government Code, §552.262.
§1.200.Charges for Public Information.
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 March 10, 2008.
TRD-200801364
Martin Cherry
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: April 20, 2008
For further information, please call: (512) 475-0387