Texas 2009 - 81st Regular

Texas House Bill HB4140 Compare Versions

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Old	New	Differences
1	1	81R28239 ACP-F
2	2	By: Homer H.B. No. 4140
3	3	Substitute the following for H.B. No. 4140:
4	4	By: Solomons C.S.H.B. No. 4140
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a bulk data request for information under the public
10	10	information law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.003, Government Code, is amended by
13	13	adding Subdivision (7) to read as follows:
14	14	(7) "Bulk data request" means a request for copies of
15	15	public information that would involve producing copies of 100 pages
16	16	or more in response.
17	17	SECTION 2. Section 552.228, Government Code, is amended by
18	18	adding Subsections (d) and (e) to read as follows:
19	19	(d) Notwithstanding any other provision of this chapter, a
20	20	governmental body is not required to produce:
21	21	(1) information in response to a bulk data request in
22	22	any medium other than that in which the information is maintained;
23	23	or
24	24	(2) a document responsive to a bulk data request in the
25	25	requested format if the public information is maintained in the
26	26	same medium as the medium requested by the requestor.
27	27	(e) Subsection (d) does not apply if the requestor is a
28	28	representative of:
29	29	(1) a radio or television station that holds a license
30	30	issued by the Federal Communications Commission;
31	31	(2) a newspaper that is qualified under Section
32	32	2051.044 to publish legal notices or is a free newspaper of general
33	33	circulation and that is published at least once a week and available
34	34	and of interest to the general public in connection with the
35	35	dissemination of news;
36	36	(3) a title company; or
37	37	(4) a company that provides information obtained from
38	38	a governmental body to a title company.
39	39	SECTION 3. Section 552.261, Government Code, is amended by
40	40	adding Subsections (e) and (f) to read as follows:
41	41	(e) Notwithstanding any other provision of this chapter, a
42	42	governmental body may charge an amount not to exceed two cents per
43	43	page in providing a copy of information subject to a bulk data
44	44	request regardless of the medium requested by the requestor.
45	45	(f) Subsection (e) does not apply if the requestor is a
46	46	representative of:
47	47	(1) a radio or television station that holds a license
48	48	issued by the Federal Communications Commission;
49	49	(2) a newspaper that is qualified under Section
50	50	2051.044 to publish legal notices or is a free newspaper of general
51	51	circulation and that is published at least once a week and available
52	52	and of interest to the general public in connection with the
53	53	dissemination of news;
54	54	(3) a title company; or
55	55	(4) a company that provides information obtained from
56	56	a governmental body to a title company.
57	57	SECTION 4. The changes in law made by this Act to Sections
58	58	552.228 and 552.261, Government Code, apply only to a request for
59	59	information that is received by a governmental body or an officer
60	60	for public information on or after the effective date of this Act.
61	61	A request for information that was received before the effective
62	62	date of this Act is governed by the law in effect on the date the
63	63	request was received, and the former law is continued in effect for
64	64	that purpose.
65	65	SECTION 5. This Act takes effect September 1, 2009.