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

   1. (1) Agency--The Office of Texas Comptroller of Public Accounts.
   2. (2) Compiled list--A list generated from information stored electronically in large databases. Compiled lists are not readily available information because they require programming and computer time to compile the requested data. Such lists are typically generated in response to requests for information on multiple taxpayers who are engaged in similar activities, hold particular licenses, are located in a given geographic location, or are designated by the same standard industrial code. Compiled lists may be provided in either written or electronic format.
   3. (3) Compiled total--A report on the total number of taxpayers in one or more business, tax, or geographic categories. Totals are provided instead of lists when the requestor wants only aggregate information. Like compiled lists, compiled totals are not readily available information because they require programming and computer time to compile the requested data.
   4. (4) Extract--A list of information pertaining to the oil and gas industry, including the identity and location of producers, production volume, and value. Extracts are not readily available information because they require programming and computer time to compile the requested data. Extracts may be provided in either written or electronic format.
   5. (5) Full cost--The sum of all direct costs plus a proportional share of overhead, or indirect costs. Full cost will be determined in accordance with generally accepted methodologies recommended by the General Services Commission.
   6. (6) Nonstandard-size copy--A copy of public information that is made available to a requestor in any format other than a standard-size paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and nonstandard-size paper copies are examples of nonstandard-size copies.
   7. (7) 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. The agency shall compile and maintain information, especially information that is likely to be the subject of repeated requests for access or copies, in a manner that maximizes its ready availability. In determining whether to charge for providing copies of public records, the agency may take into account not only whether the information is in fact readily available, but also whether in the exercise of efficient recordkeeping it could and should have been readily available.
   8. (8) Standard-sized 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.

2. (b) Charges for copies.

   1. (1) For records other than compiled lists, extracts, and compiled totals, charges for providing copies of public information will be the charges suggested by the General Services Commission in 1 TAC §111.63, concerning Suggested Charges for Providing Copies of Public Information, except that there will be no charge for requests involving 50 or fewer pages of readily available information.

   2. (2) The agency may charge a flat fee for copies of compiled lists, extracts, or compiled totals generated in response to particular requests.

      1. (A) The flat fee will be based on the average cost to the agency of producing similar information in the requested format.
      2. (B) The agency will use a representative sample of actual requests received over several months to calculate the average cost of mainframe time, PC time, programming time, and printing services for various request formats. Only the cost of these computer, programming, and printing services will be included as elements of the flat fee.
      3. (C) In addition to the flat fee which covers the compiling of information, the agency may charge the actual cost of mailing labels, diskettes, magnetic tapes, and cartridges used to produce information in the format desired by the requestor.
      4. (D) If the actual cost to the agency of a particular request is more than double the flat fee, the flat fee may not apply and the requestor may be charged the full cost of responding to the particular request, calculated using the charges suggested by the General Services Commission in 1 TAC §111.63, concerning Suggested Charges for Providing Copies of Public Information.
3. (c) Format for copies of public information. To the extent possible, the agency shall attempt to accommodate a requesting party by providing information in the format requested. The extent to which a requestor can be accommodated will depend largely on the technological capability of the agency. Pursuant to the General Services Commission's recommendations in 1 TAC §111.66, concerning Format for Copies of Public Information, the agency is not required to acquire software or programming capabilities that it does not already possess to accommodate a particular kind of request. However, the agency shall take into account in its planning the public's interest in obtaining access to information and the ways in which such access can be facilitated through acquisition of improved technology.

4. (d) Access to public information where copies are not requested.

   1. (1) The agency shall not charge for making available for inspection readily available information maintained in standard-size form.
   2. (2) In response to requests for access, for purposes of inspection only, to information that is maintained in other than standard-size form, the agency may charge the requesting party the cost of preparing and making available such information, unless the information is readily available. Preparation might involve retrieval of information from a database and deletion of confidential information. In such a case, the agency may recover the cost of personnel time, as recommended by the General Services Commission.

5. (e) Estimates and waivers of charges.

   1. (1) Where a particular request will involve considerable time and resources, the agency will advise the requesting party of what may be involved and will provide an estimate of the date of completion and the charges that may result. All efforts will be made to process requests as efficiently as possible so that the requested information will be provided at the lowest possible charge. The agency will disclose to a requesting party how any charges were calculated.

   2. (2) The agency may furnish public records without charge or at reduced charge if the agency determines that waiver or reduction of the fees is in the public interest. No fee will be charged for brochures, rules, publications, or edited administrative hearings decisions to be used for taxpayer education. Generally, no fee will be charged for requests made by the following:

      1. (A) taxpayers or their authorized representatives for information on their own accounts;
      2. (B) Texas state agencies and local governments;
      3. (C) legislative officials conducting official business;
      4. (D) educational institutions in Texas;
      5. (E) members of the news media; and
      6. (F) nonprofit public interest groups.
   3. (3) A deposit may be required if the estimated charges exceed $100.

6. (f) Billing forms and cost information.

   1. (1) The agency will use billing forms to itemize the charges made for public information. The forms used shall itemize each component cost of the total charge.
   2. (2) Information on the component costs utilized to derive flat fees will be provided upon request.

Source Note:The provisions of this §1.200 adopted to be effective September 15, 1994, 19 TexReg 6917.