PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATIVE DEPARTMENT
The Texas Historical Commission (Commission) proposes an amendment to §11.12, relating to Limitations on Responses to Public Information Requests. The purpose of this section is to 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 would require that the Commission not waive charges to a requestor when such charges are applicable under this section.
F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rule is in effect there will not be fiscal implications for state or local governments as a result of enforcing or administering the rule.
Mr. Oaks has also determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this amended rule will be a limitation on the abuse of the Public Information Act that requires that agency resources be diverted from the mission of the Commission to serving the needs of a single requestor. Additionally, Mr. Oaks has determined that there will be no effect on small or micro businesses. There will be no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to F. Lawerence Oaks, Executive Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register.
The amendment is proposed 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.
§11.12.Limitations on Responses to Public Information Requests.
(a) - (l) (No change.)
(m) If the charges for labor to a requestor are applicable under this section, the commission shall not waive or reduce those charges.
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 26, 2009.
TRD-200901194
Mark Wolfe
Chief Deputy Executive Director
Texas Historical Commission
Earliest possible date of adoption: May 10, 2009
For further information, please call: (512) 463-8817