1. (a) The Texas Building and Procurement Commission (the "Commission") must:

   1. (1) Adopt rules for use by each governmental body in determining charges under Texas Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Public Information);
   2. (2) Prescribe the methods for computing the charges for copies of public information in paper, electronic, and other kinds of media; and
   3. (3) Establish costs for various components of charges for public information that shall be used by each governmental body in providing copies of public information.

2. (b) The cost of providing public information is not necessarily synonymous with the charges made for providing public information. Governmental bodies must use the charges established by these rules, unless:

   1. (1) Other law provides for charges for specific kinds of public information;
   2. (2) They are a governmental body other than a state agency, and their charges are within a 25 percent variance above the charges established by the Commission;
   3. (3) They request and receive an exemption because their actual costs are higher; or

   4. (4) In accordance with Chapter 552 of the Texas Government Code (also known as the Public Information Act), the governmental body may grant a waiver or reduction for charges for providing copies of public information pursuant to §552.267 of the Texas Government Code.

      1. (A) A governmental body shall furnish a copy of public information without charge or at a reduced charge if the governmental body determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public; or
      2. (B) If the cost to the governmental body of processing the collection of a charge for a copy of public information will exceed the amount of the charge, the governmental body may waive the charge.

Source Note:The provisions of this §70.1 adopted to be effective September 18, 1996, 21 TexReg 8587; amended to be effective January 16, 2003, 28 TexReg 439; amended to be effective February 11, 2004, 29 TexReg 1189; transferred effective September 1, 2005, as published in the Texas Register September 29, 2006, 31 TexReg 8251.