Sec. 552.269. OVERCHARGE OR OVERPAYMENT FOR COPY OF PUBLIC INFORMATION. (a) A person who believes the person has been overcharged for being provided with a copy of public information may complain to the attorney general in writing of the alleged overcharge, setting forth the reasons why the person believes the charges are excessive. The attorney general shall review the complaint and make a determination in writing as to the appropriate charge for providing the copy of the requested information. The governmental body shall respond to the attorney general to any written questions asked of the governmental body by the attorney general regarding the charges for providing the copy of the public information. The response must be made to the attorney general within 10 business days after the date the questions are received by the governmental body. If the attorney general determines that a governmental body has overcharged for providing the copy of requested public information, the governmental body shall promptly adjust its charges in accordance with the determination of the attorney general.
(b) A person who overpays for a copy of public information because a governmental body refuses or fails to follow the rules for charges adopted by the attorney general is entitled to recover three times the amount of the overcharge if the governmental body did not act in good faith in computing the costs.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 864, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 7, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 552 - Public Information
Subchapter F. Charges for Providing Copies of Public Information
Section 552.261. Charge for Providing Copies of Public Information
Section 552.2615. Required Itemized Estimate of Charges
Section 552.262. Rules of the Attorney General
Section 552.264. Copy of Public Information Requested by Member of Legislature
Section 552.265. Charge for Paper Copy Provided by District or County Clerk
Section 552.266. Charge for Copy of Public Information Provided by Municipal Court Clerk
Section 552.2661. Charge for Copy of Public Information Provided by School District
Section 552.267. Waiver or Reduction of Charge for Providing Copy of Public Information
Section 552.268. Efficient Use of Public Resources
Section 552.269. Overcharge or Overpayment for Copy of Public Information
Section 552.270. Charge for Government Publication
Section 552.271. Inspection of Public Information in Paper Record if Copy Not Requested
Section 552.272. Inspection of Electronic Record if Copy Not Requested
Section 552.274. Report by Attorney General on Cost of Copies
Section 552.275. Requests That Require Large Amounts of Employee or Personnel Time