This article is prepared under the authority of the Texas Government
Code, chapter 552, to establish regulations relative to requests made
to the city for public information.
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
1)
The following words and phrases, when used in this article,
shall have the meaning ascribed to them by this section or if not
defined in this section or other parts of this article shall have
that meaning customarily attributed to them.
means a record made or maintained by or for a court or judicial
agency in its regular course of business but not pertaining to its
adjudicative function, regardless of whether that function relates
to a specific case. A record of any nature created, produced, or filed
in connection with any matter that is or has been before a court is
not a judicial record. A record is a document, paper, letter, map,
book, tape, photograph, film, recording, or other material, regardless
of electronic or physical form, characteristics, or means of transmission.
means the statutorily-limited $15.00/hour charge for locating,
compiling, manipulating data, and reproducing public information as
to all responses to a request for public information that: (i) exceeds
50 pages; (ii) requires the provision of documents from two or more
separate buildings that are not physically connected with each other;
or (iii) requires the provision of documents from a remote storage
facility.
means any 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, and CD-ROM are examples of nonstandard
copies. Paper copies larger than 8-1/2 by 14 inches (legal size) are
also considered nonstandard copies.
means the city secretary.
means a charge that covers such costs as depreciation of
capital assets, rent, maintenance and repair, utilities, and administrative
overhead. The overhead charge shall be computed at 20% of the labor
charge associated with a particular public information request.
means city employees.
means the actual cost to the city of personnel time–to the extent such time exceeds the 36-hour limit under section 2.05.004 [2.05.003] of this article–expended for locating, compiling, manipulating data, and reproducing public information associated with a particular public information request, said actual cost being calculated by reducing to an hourly rate an employee’s annual salary and the value of all other compensation in the form of benefits received by said employee and multiplying said hourly rate by the time actually spent.
means the execution of a sequence of coded instructions by
a computer producing a result.
means a charge for any services of a programmer required
in the processing of a public information request while executing
an existing program or in creating a new program so that requested
information may be accessed and copied.
a/k/a “open records request” means a request
for public information made in accordance with Texas Government Code,
chapter 552 and in accordance with this article, as amended.
means a person who submits a request to the city for inspection
or copies of public information.
means a copy of public information that is a printed impression
on one side of a piece of paper that measures up to 8-1/2 by 14 inches
(legal size). Each side of a piece of paper on which information is
recorded is counted as a single copy. A piece of paper that has information
recorded on both sides is counted as two copies.
(Ordinance 463-2009 adopted 9/8/09; Ordinance 489-2010 adopted 3/9/10; 2008 Code, pt.
II, art. 48, sec. 2)
(a)
Personnel charges for time spent over 36 hours.
Personnel
charges shall apply and be imposed on requestors for time spent by
personnel in locating, compiling, manipulating data, and reproducing
public information for inspection or duplication by a requestor or
providing copies of public information to a requestor that is in excess
of 36 cumulative hours during a 12-month period, said period to correspond
with the fiscal year of the city.
(b)
Request by minor.
In determining whether the time limit established under subsection (a) of this section applies, any time spent complying with a request for public information submitted in the name of a minor, as defined by section 101.003(a), Texas Family Code, is to be 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)
Exceptions.
This section does not apply if the requestor
is:
(1)
A representative of:
(A)
A radio or television station that holds a license issued by the
Federal Communications Commission; or
(B)
A newspaper that is qualified under Texas Gov’t Code 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; or
(2)
One of the following:
(A)
An elected official of the United States, this state, or a political
subdivision of this state; or
(B)
A representative of a publicly funded legal services organization
that is exempt from federal income taxation under section 501(a),
Internal Revenue Code of 1986, as amended, by being listed as an exempt
entity under section 501(c)(3) of that code.
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
3)
Each time the city complies with a request for public information,
the city 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 is not chargeable
and is not included in the amount of time included in the statement
provided to the requestor under this section.)
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
4)
(a)
Estimate required.
(1)
Before complying with a public information request, the city shall
provide a statement of estimated costs if:
(A)
The city intends to impose a personnel charge;
(B)
Copies made to comply with the request will exceed 50 pages;
(C)
The public information request requires the provision of documents
from two or more separate buildings that are not physically connected
with each other;
(D)
The public information request requires the provision of documents
from a remote storage facility; or
(E)
The estimated charges for complying with a public information request
exceed $40.00.
(2)
If the city intends to seek payment from a requestor for a personnel
charge, a statement of estimated costs for such personnel charge(s)
shall be provided to the requestor on or before the 10th day after
the date on which the public information request was received by the
city. If the city does not intend to seek payment from a requestor
for a personnel charge, the city shall endeavor to provide a requestor
a statement of estimated costs otherwise required under this article
as soon as reasonably practical, but in no event shall the city charge
a requestor in excess of $40.00 if the city does not provide an estimate
of costs.
(b)
Content of statement of estimated costs.
(1)
A statement of estimated costs provided under this section must include:
(A)
The itemized estimated charges, including any allowable charges for
labor, overhead, copies, personnel time, programming time, etc.;
(B)
Whether a less costly or no-cost way of viewing the information is
available;
(C)
A statement that the requestor must provide the city with a mailing,
facsimile transmission, or electronic mail address to receive the
itemized statement and that it is the requestor’s choice which
type of address to provide; and
(D)
A statement that the requestor must respond in writing by mail, in
person, by facsimile or by electronic mail to the city secretary in
response to the statement of estimated costs.
(2)
A statement of estimated costs provided under this section must also
include as an attachment a copy of the current version of Texas Government
Code section 552.2615. A copy of section 552.2615, current at the
time of adoption of this article, is attached to the ordinance codified
in this article and incorporated herein as if set forth in full.
(Ordinance 434-2009 adopted 2/24/09; Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt.
II, art. 48, sec. 5)
(a)
Labor charges.
(1)
Labor charges will be applied to any public information request that:
(2)
Labor charges may not exceed $15.00/hour.
(3)
Labor charges may not be charged to the requestor for any time spent
by an attorney, legal assistant, or any other person who reviews the
requested information:
(A)
To determine whether the city will raise any exceptions to disclosure
of the requested information under Texas Government Code, subchapter
C, chapter 552; or
(B)
To research or prepare a request for a ruling by the attorney general’s
office pursuant to section 552.301 of the Texas Government Code.
(4)
When confidential information pursuant to a mandatory exception of
the Public Information Act is mixed with public information in the
same page, a labor charge may be recovered for time spent to redact,
black out, or otherwise obscure confidential information in order
to release the public information. A labor charge shall not be made
for redacting confidential information for requests of 50 or fewer
pages, unless the request also qualifies for a labor charge pursuant
to Texas Government Code, section 552.261(a)(1) or (2).
(5)
Labor charges may not be imposed to the extent that personnel charges
are imposed.
(b)
Programming labor charges.
If a public information request
requires the services of a programmer in order to execute an existing
program or to create a new program so that requested information may
be accessed and copied, the city may charge for the programmer’s
time as a programming labor charge in accordance with state law and
rules of the attorney general.
(c)
Personnel charges.
Personnel charges are calculated
at an hourly rate for time spent by personnel in locating, compiling,
manipulating data, and reproducing public information for inspection
or duplication by a requestor or providing copies of public information
to a requestor that is in excess of 36 cumulative hours in a 12-month
period, said period to correspond with the fiscal year of the city.
When personnel charges are applicable, the charge is calculated by
determining the sum total of the actual cost of all employees’
time spent on a public information request. Whenever personnel charges
are imposed, labor charges may not be imposed.
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
6)
(b)
Nonstandard copies or oversize copies.
Charges for nonstandard
copies or oversized copies are applicable to all public information
requests, regardless of the number of pages or the time involved in
the response to the public information request.
(c)
Microfiche and microfilm charge.
(1)
If the city already has information that exists on microfiche or
microfilm and has copies available for sale or distribution, the charge
for a copy must not exceed the cost of its reproduction. If no copies
of the requested microfiche or microfilm are available and the information
on the microfiche or microfilm can be released in its entirety, the
city may make a copy of the microfiche or microfilm. The charge for
a copy shall not exceed the cost of its reproduction.
(d)
Remote document retrieval.
If the city has a contract
with a commercial records storage company, whereby the private company
charges a fee to locate, retrieve, deliver, and return to storage
the needed record(s), no additional labor charge shall be factored
in for time spent locating documents at the storage location by the
private company’s personnel. If, after delivery to the city,
the materials must still be searched for records that are responsive
to the request, the city may charge for such search in accordance
with this article.
(e)
Computer resource charge.
Computer resource charges are as set forth in section A4.013 of the fee schedule.
(f)
Miscellaneous supplies.
The actual cost of miscellaneous
supplies, such as labels, boxes, and other supplies used to produce
the requested information, may be added to the total charge for public
information.
(g)
Postal and shipping charges.
The city may add any related
postal or shipping expenses that are necessary to transmit the reproduced
information to the requesting party.
(h)
Miscellaneous charges.
If the city accepts payment by
credit card for copies of public information and is charged a “transaction
fee” by the credit card company, the city may recover that fee
from the requestor.
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
7; Ordinance adopting 2019 Code)
(a)
In
order to be considered valid and treated as a public information request,
a request must:
(1)
Be addressed conspicuously to attention of and delivered only to
the officer for public information at a mailing address, physical
address, email address, or facsimile number provided by the officer
for public information;
(2)
Be in writing, state that it is a request for public information,
and state the requestor’s name, mailing address, telephone number,
and all additional information necessary to allow a response to be
sent to a particular place or address; and
(3)
Include a description of the information requested that is sufficiently
specific to enable the city to accurately identify and locate any
information that may be responsive to the request.
(b)
A
public information request may be delivered by hand, mail, facsimile,
email or private courier or commercial service.
(c)
Any
email or facsimile submission addressed or delivered to any person
other than the officer for public information shall not be considered
a public information request.
(Ordinance 463-2009 adopted 9/8/09; Ordinance 489-2010 adopted 3/9/10; 2008 Code, pt.
II, art. 48, sec. 8)
The officer for public information, or a person designated by
the officer for public information, shall implement the provisions
of this article.
(Ordinance 463-2009 adopted 9/8/09; 2008 Code, pt. II, art. 48, sec.
9)
Judicial records are not covered by the Public Information Act
or the public information regulations enacted by the city. Judicial
records shall not be disclosed in response to a request for public
information. A public information request for judicial records shall
be returned to the requestor. A request for judicial records may be
sent to the municipal court that maintains such record and such requests
be governed by the regulations adopted by such court.
(Ordinance 489-2010 adopted 3/9/10; 2008 Code, pt. II, art. 48, sec.
10)
