Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.12 - Limitations on Responses to Public Information Requests

Current through Reg. 49, No. 28; July 12, 2024
(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 §
										RSA 101.003<subdiv>(a)</subdiv>,
				  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 §
										RSA 552.262<subdiv>(a) and (b)</subdiv>.
(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.