SECTION 11.12. Limitations on Responses to Public Information Requests

(a) The reasonable limit on the amount of time that personnel of the commission are required to spend producing public information for inspection or duplication by a single requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time is set at 36 hours for each fiscal year of the commission, from September 1 to August 31.

(b) A single requestor includes a request for public information submitted in the name of a minor, as defined by §101.003(a), Texas Family Code, included in the calculation of the cumulative amount of time spent complying with a request for public information by a parent, guardian, or other person who has control of the minor under a court order and with whom the minor resides, unless that parent, guardian, or other person establishes that another person submitted that request in the name of the minor.

(c) A single requestor includes members, officers, employees, agents, or representatives of a single corporation, firm, partnership, joint venture, familial unit, or other similar entity acting in concert to request public information from the commission.

(d) Each time the commission complies with a request for public information, the commission shall provide the requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that requestor during the applicable 12-month period. The amount of time spent preparing the written statement may not be included in the amount of time included in the statement provided to the requestor under this subsection.

(e) If in connection with a request for public information, the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds the limit established by the commission under subsection (a) of this section, the commission shall provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses, necessary to comply with the request. The written estimate must be provided to the requestor on or before the 10th day after the date on which the public information was requested. The amount of this charge relating to the cost of locating, compiling, and producing the public information shall be calculated in accordance with rules prescribed by the attorney general under Texas Government Code §552.262(a) and (b).

(f) If the commission determines that additional time is required to prepare the written estimate under subsection (e) of this section and provides the requestor with a written statement of that determination, the commission will provide the written statement under that subsection as soon as practicable, but on or before the 10th day after the date the commission provided the statement under this subsection.

(g) If a commission provides a requestor with the written statement under subsection (e) of this section, the commission is not required to produce public information for inspection or duplication or to provide copies of public information in response to the requestor's request unless on or before the 10th day after the date the commission provided the written statement under that subsection, the requestor submits a statement in writing to the commission in which the requestor commits to pay the lesser of:

(1) the actual costs incurred in complying with the requestor's request, including the cost of materials and personnel time and overhead; or

(2) the amount stated in the written statement provided under subsection (e) of this section.

(h) If the requestor fails or refuses to submit the written statement under subsection (g) of this section, the requestor is considered to have withdrawn the requestor's pending request for public information.

(i) This section does not prohibit the commission from providing a copy of public information without charge or at a reduced rate under Texas Government Code §552.267 or from waiving a charge for providing a copy of public information under that section.

(j) This section 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; or

(2) a newspaper that is qualified under Texas Government Code §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.

(k) This section does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state.

(l) This section does not apply if the requestor is a representative of a publicly funded legal services organization that is exempt from federal income taxation under §501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under §501(c)(3) of that code.

(m) If the charges for labor to a requestor are applicable under this section, the commission shall not waive or reduce those charges.

Source Note: The provisions of this §11.12 adopted to be effective March 11, 2009, 34 TexReg 1584; amended to be effective August 31, 2009, 34 TexReg 5906