SECTION 71.8. Fees for Copies of Public Information

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Actual Cost--The sum of all direct costs plus a proportional share of overhead, or indirect costs. Actual cost should be determined in accordance with generally accepted methodologies.

(2) Nonstandard copy--A copy of public information that is made available to a requestor in any format other than a standard paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and nonstandard paper copies are examples of nonstandard copies.

(3) Readily available information--Information that already exists in printed form, or information that is stored electronically and is ready to be printed or copied without requiring any programming, or information that already exists on microfiche or microfilm. Information that requires a substantial amount of time to locate or prepare for release is not readily available information.

(4) Standard copy--A printed impression on one side of a piece of paper that measures up to 8 1/2 by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies.

(b) Certified copies of documents on file in the Office of the Secretary of State are available. Statute and not these rules establish fees for certificates and certified copies.

(c) The following is a summary of the charges for copies of public information on file in the Office of the Secretary of State. The charges conform to rules of the Office of the Attorney General. This section does not apply to charges for publications or information as authorized by statutes other than Chapter 552 of the Government Code.

(1) Standard paper copy (50 pages or fewer)--$.10 per page.

(2) Nonstandard-size copy:

(A) Diskette--$1.00 each;

(B) Compact disk (CD-RW or CD-R)--$1.00;

(C) Digital video disk (DVD)--$3.00;

(D) VHS video cassette--$2.50 each;

(E) audio cassette--$1.00 each;

(F) Oversize paper copy--$.50;

(G) Other--Actual cost.

(3) Personnel charge:

(A) Programming personnel--$28.50 per hour;

(B) Other personnel--$15 per hour.

(4) Overhead charge--20% of personnel charge.

(5) Microfiche or microfilm charge:

(A) Paper copy (50 pages or fewer)--$.10;

(B) Fiche or film copy--Actual cost.

(6) Remote document retrieval charge--Actual cost.

(7) Computer resource charge:

(A) Midsize--$1.50 per CPU minute;

(B) Client/Server--$2.20 per clock hour;

(C) PC or LAN--$1.00 per clock hour.

(8) Miscellaneous supplies--Actual cost.

(9) Postage and shipping charge--Actual cost.

(10) Other costs--Actual cost.

(d) In response to a request for public information that is not readily available or for information in excess of 50 pages of readily available information, the secretary of state will charge an amount that reasonably includes all costs related to reproducing the record, including cost of materials, labor, and overhead.

(e) In response to a request to deliver requested copies of public information by facsimile transmission or other electronic means, the secretary of state will charge an amount that reasonably includes the actual cost to transmit the requested copies as determined in accordance with generally accepted cost methodologies.

Source Note: The provisions of this §71.8 adopted to be effective October 1, 1994, 19 TexReg 6761; amended to be effective January 5, 1995, 19 TexReg 10221; amended to be effective January 29, 1997, 22 TexReg 841; amended to be effective October 20, 2004, 29 TexReg 9671; amended to be effective October 9, 2005, 30 TexReg 6425