Current through Reg. 49, No. 38; September 20, 2024
(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.
