2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.263. Bond for Payment of Costs or Cash Prepayment for Preparation of Copy of Public Information

Sec. 552.263.  BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT FOR PREPARATION OF COPY OF PUBLIC INFORMATION.  (a)  An officer for public information or the officer's agent may require a deposit or bond for payment of anticipated costs for the preparation of a copy of public information if:
(1)  the officer for public information or the officer's agent has provided the requestor with the written itemized statement required under Section 552.2615 detailing the estimated charge for providing the copy; and
(2)  the charge for providing the copy of the public information specifically requested by the requestor is estimated by the governmental body to exceed:
(A)  $100, if the governmental body has more than 15 full-time employees; or
(B)  $50, if the governmental body has fewer than 16 full-time employees.
(b)  The officer for public information or the officer's agent may not require a deposit or bond be paid under Subsection (a) as a down payment for copies of public information that the requestor may request in the future.
(c)  An officer for public information or the officer's agent may require a deposit or bond for payment of unpaid amounts owing to the governmental body in relation to previous requests that the requestor has made under this chapter before preparing a copy of public information in response to a new request if those unpaid amounts exceed $100. The officer for public information or the officer's agent may not seek payment of those unpaid amounts through any other means.
(d)  The governmental body must fully document the existence and amount of those unpaid amounts or the amount of any anticipated costs, as applicable, before requiring a deposit or bond under this section.  The documentation is subject to required public disclosure under this chapter.
(e)  For purposes of Subchapters F and G, a request for a copy of public information is considered to have been received by a governmental body on the date the governmental body receives the deposit or bond for payment of anticipated costs or unpaid amounts if the governmental body's officer for public information or the officer's agent requires a deposit or bond in accordance with this section.
(e-1)  If a requestor modifies the request in response to the requirement of a deposit or bond authorized by this section, the modified request is considered a separate request for the purposes of this chapter and is considered received on the date the governmental body receives the written modified request.
(f)  A requestor who fails to make a deposit or post a bond required under Subsection (a) before the 10th business day after the date the deposit or bond is required is considered to have withdrawn the request for the copy of the public information that precipitated the requirement of the deposit or bond.
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 1999, 76th Leg., ch. 1319, Sec. 17, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 315 (S.B. 623), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 349 (S.B. 175), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 6, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 38, eff. September 1, 2011.