In accordance with Government Code, Chapter 552, the following specifies the charges the agency will make for copies of public information.

1. (1) Definitions. The following words and terms, when used in the section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (A) Standard-size 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 the paper on which an impression is made is counted as a single copy. A piece of paper printed on both sides is counted as two copies.
   2. (B) Copy charge--A charge for costs incurred in copying standard-size paper copies reproduced by an office machine copier or a computer printer.
   3. (C) Postage and shipping charge--A charge for costs incurred in sending information to a requestor, such as cost of postage, envelope, or long-distance phone call for facsimile transmission.
   4. (D) Personnel charge--A charge imposed for costs incurred for personnel time expended in processing a request for public information. This charge may include the time any employee spends reading/reviewing the initial request for records, making copies of records, conducting a file search, conducting a computer search, preparing and reviewing the response to the records request (administrative oversight/review), and any other type of personnel time necessary to respond to the request.
   5. (E) Overhead charge--A charge for direct and indirect costs incurred in addition to the personnel charge. This charge covers such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead.
   6. (F) Microfiche and microfilm charge--A charge for costs incurred in making a copy of microfiche or microfilm.
   7. (G) Remote document retrieval charge--A charge for costs incurred in obtaining information not in current use in remote storage locations.
   8. (H) Computer resource charge--A charge for costs incurred in obtaining information on computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources. This charge may also include programming time if a request requires a programmer to enter data in order to execute an existing program or create a new program so that requested information may be accessed.

2. (2) Charges.

   1. (A) The charge for providing copies of public information shall be determined in accordance with the rules promulgated by the Texas Building and Procurement Commission at 1 TAC §§111.61 - 111.70.
   2. (B) If a request for information may result in charges estimated to exceed $100, the agency may require the requester to make a deposit in the anticipated approximate amount of the charges, which may be applied to the costs incurred in responding to the request.
   3. (C) If a particular request may involve considerable time and resources to process, the agency may advise the requesting party of what may be involved and provide an estimate of date of completion and the charges that may result.
   4. (D) The agency has the discretion to furnish public records without charge or at a reduced charge if the agency determines that a waiver or reduction is in the public interest because furnishing the information primarily benefits the general public.
   5. (E) Nothing herein shall prevent the agency from charging for its publications, such as the Texas State of Pharmacy Law Reference Manual, or portions thereof.

Source Note:The provisions of this §281.14 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective September 8, 2002, 27 TexReg 8212.