81R28239 ACP-F
By: Homer H.B. No. 4140
Substitute the following for H.B. No. 4140:
By: Solomons C.S.H.B. No. 4140
A BILL TO BE ENTITLED
AN ACT
relating to a bulk data request for information under the public
information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.003, Government Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Bulk data request" means a request for copies of
public information that would involve producing copies of 100 pages
or more in response.
SECTION 2. Section 552.228, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) Notwithstanding any other provision of this chapter, a
governmental body is not required to produce:
(1) information in response to a bulk data request in
any medium other than that in which the information is maintained;
or
(2) a document responsive to a bulk data request in the
requested format if the public information is maintained in the
same medium as the medium requested by the requestor.
(e) Subsection (d) does not apply if the requestor is a
representative of:
(1) a radio or television station that holds a license
issued by the Federal Communications Commission;
(2) a newspaper that is qualified under Section
2051.044 to publish legal notices or is a free newspaper of general
circulation and that is published at least once a week and available
and of interest to the general public in connection with the
dissemination of news;
(3) a title company; or
(4) a company that provides information obtained from
a governmental body to a title company.
SECTION 3. Section 552.261, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding any other provision of this chapter, a
governmental body may charge an amount not to exceed two cents per
page in providing a copy of information subject to a bulk data
request regardless of the medium requested by the requestor.
(f) Subsection (e) does not apply if the requestor is a
representative of:
(1) a radio or television station that holds a license
issued by the Federal Communications Commission;
(2) a newspaper that is qualified under Section
2051.044 to publish legal notices or is a free newspaper of general
circulation and that is published at least once a week and available
and of interest to the general public in connection with the
dissemination of news;
(3) a title company; or
(4) a company that provides information obtained from
a governmental body to a title company.
SECTION 4. The changes in law made by this Act to Sections
552.228 and 552.261, Government Code, apply only to a request for
information that is received by a governmental body or an officer
for public information on or after the effective date of this Act.
A request for information that was received before the effective
date of this Act is governed by the law in effect on the date the
request was received, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2009.