1.0 Purpose

The Public info Act (the Act), government Code, chapter 552 addresses requests because that inspection or duplication of public information. The Act calls for the adoption of procedural rules, which the department has adopted at 25 TAC section 1.251. Programs must follow the procedures collection out in ar 1.251.

Charges because that public info are defined in this policy. The Act also requires the fostering of a policy on inquiry for details that need programming or manipulation of data. This operating procedure includes that policy and also other plans that the department desires to establish concerning requests for records. Both the policy and the rules need to be reviewed come answer procedural concerns on charging for public information.

2.0 Policy

The policy of the room is to monitor the laws that administer the dealing with of and charges because that requests for public information.

The policy covers all composed requests (including e-mail and fax requests) because that public information developed or preserved by the department except for:

a request the is submitted either by a patient for medical/mental health and wellness records relating to the patient or by those persons authorized by state and/or federal regulation to acquire the patient"s medical/mental health and wellness records that were created within room mental health facilities, chest hospitals, clinics, and laboratories; information forced by subpoena; or legal action related discovery items, e.g., inquiry for production or admission and interrogatories.
3.0 Definitions
The adhering to words and also terms, when used in this policy, shall have the adhering to meaning, uneven the context clearly indicates otherwise.
3.1 Actual price - The sum of all direct costs plus a proportional re-publishing of overhead, or indirect costs. Actual expenses should be determined in accordance through generally welcomed methodologies.
3.2 Agent - For objectives of complying with the Act, every department employee handling the an answer to a public information request is thought about to it is in an agent of the officer because that public information, that is the Commissioner the the department.
3.3 Archival crate – A carton measuring approximately 12.5” vast x 15.5” long x 10” high, or able to contain around 1.5 cubic feet in volume.
3.4 Available digital - Information accessible from the room network, the departmental program"s hard drive, or indigenous the department net page the is ready to be published without requiring any type of programming or expungement that confidential information. See section 6.7 the this policy.
3.5 Client/Server mechanism - A mix of two or an ext computers that offer a details application with sharing processing, data storage, and end-user interface presentation. An individual computers situated in a regional area network environment containing file servers autumn into this category as do applications to run in an X-window atmosphere where the server is a UNIX-based system.
3.6 Confidential information - information that is confidential by law, one of two people constitutional, statutory, or by judicial decision.
3.7 Custodian of records – The height unit manager of each state mental wellness hospital or his/her designee, the optimal unit manager of every state chest hospital or his/her designee, and also other people as especially designated through the department"s basic Counsel pursuant to room policy. NOTE: For purposes of this policy, each mental wellness hospital and also each chest hospital is considered a unit under the smashville247.net organizational chart. The unit manager is the top manager that a mental wellness or chest hospital.
3.8 Department – department of State health and wellness Services
3.9 Governmental body – As identified by section 552.003 of the smashville247.net government Code.
3.10 Mainframe computer system - A computer system located in a regulated environment and also serving big applications and/or huge numbers of users. These equipments usually serve an entire organization or some group of organizations, and also usually need an operation staff. IBM and UNISYS mainframes, and big Digital VAX 9000 and also VAX Clusters autumn into this category.
3.11 Mandatory Confidential details – includes all citations the law, except for smashville247.net government Code part 552.101 concerning Informer"s Privilege; 552.103; 552.104; 552.107; 552.108; 552.111; 552.116; and also 552.122.
3.12 Manipulation - The procedure of modifying, reordering, or decoding of info with person intervention. Manipulation the data applies only to information stored in digital format.
3.13 Mid-size computer system - A computer system smaller 보다 a mainframe computer system that is no necessarily located in a managed environment. It usually serves a smaller company or a sub-unit of one organization. IBM AS/400 and Digital VAX/VMS multi-user single-processor systems fall into this category.
3.14 Nonstandard Copy - A copy the public info that is made obtainable to a requestor in any type of format various other than a standard document copy. Microfiche, microfilm, diskettes, magnetic tapes, and CD-ROM are examples of nonstandard copies. File copies bigger than 8 1/2 x 14 customs (legal size) are additionally considered nonstandard copies.
3.15 Open documents Tracking mechanism – procedure by which the divisions, sections, units, centers and/or other workplaces monitor the assignment and also completion of open up records requests. Requests have the right to be tracked in Microsoft Word, Excel, Access, or one more comparable software.
3.16 PC – one IBM compatible PC, Macintosh or Power pc based computer system system operated without a connection to a network.
3.17 Program or Departmental programs - way all room offices.
3.18 Programming - The process of producing a sequence of coded indict that have the right to be executed by a computer. A programmer is the person producing these coded instructions. Instances of programming include writing and entering SPSS control language, developing access programs or occurring Excel spreadsheets. Simply entering data into a database is no programming.
3.19 Public info Act (the Act) - federal government Code, chapter 552.
3.20 Public records or open up Records information – information that is collected, assembled, or kept under a law or in link with the transaction that official company by a governmental human body or for a governmental body where the governmental body owns the info or has actually a best of access to it. The ax “public information” contains information the is releasable and also information the is confidential.
3.21 Standard file Copy – A published impression top top one side of a item of document that measures up come 8 1/2 by 14 inches. Every side of a item of record on i m sorry an impression is made is counted together a single copy. A item of document that is printed on both political parties is counted as 2 copies.
3.22

Ten (10)-Business day Computation of Time – The 10-business job time period begins the first business job after the date of receipt the the created request. Weekends and closed holidays space not included in the calculate of days. However, state holidays that need a skeleton crew are consisted of in the calculation of days.

NOTE: A request obtained by e-mail is obtained on the day the request very first enters the receiver"s Inbox, not the day the receiver opens the inquiry in the Inbox.

3.23 Written request – A hard-copy request for public information submitted come the department by fax, e-mail, mail, or delivered in person, come view records and/or to obtain copies that records. A written interaction that reasonably deserve to be judged to be a inquiry for public information is a inquiry for info under the Act.
4.0 Persons affected
All department employees who manage open document or public information requests.
5.0 Responsibilities
Each routine shall appoint a person to answer questions or to seek legal advice from the legit Section concerning public info requests. Programs in ~ the same organizational chain the command might appoint one human being for every programs within the chain that command. The surname of those persons should be forwarded come the department Public information Coordinator (PIC) in the Legal ar (512) 458-7236, expansion 6958. The department PIC will aid the appointed human being in each program by answering questions regarding public details procedures and charges, and also by offering training as soon as necessary.
6.0 Procedures
6.1 General details
 

The room has emerged an open up records procedural checklist called ORLIST, located on the legit Section"s internet site, accessed through the department"s intranet site. ORLIST must be used as a overview when handling public details requests.

The plot does not call for a governmental human body to:

prepare new information in an answer to a request; comply v a continuing request to supply info on a regular basis as such information is all set in the future; prepare answers to questions; or carry out legal research.
6.2 General Information about Charges
 

The following guidelines and also rates will use whenever the department provides duplicates to the public under the Act. The guidelines and rates are consistent with quantities and procedures approved by the smashville247.net Building and also Procurement the supervisory board (TBPC) in ~ 1 TAC part 111.61-111.71.

The department is given discretion to waive or mitigate the fees for giving public info if the price of repertoire of the charges exceeds or equates to the dues or if giving the details at no price or at a reduced cost is in the public interest.

IMPORTANT: The department will waive the public info charge for any type of amount under $15.00, uneven statutes and/or rule applicable to your program require you to charge. If the complete charge is $15.00 or more, the department must charge the amount unless waiving or reduce the fee is in the public interest. THE DEPARTMENT will NOT fee FOR:

 

rules (first copy only) policies (first copy only) steps (first copy only) conference agendas

position descriptions empty application/permit creates personnel or patent verifications request from other state organ

 

However, charges will use to any type of one that the over if law and/or rules applicable to your regime require you come charge.

The above requirement concerning charges has no bearing ~ above a legislative branch request needed for legislative branch purposes. One copy of info requested by an separation, personal, instance member, agency, or committee the the legislature candlestick be detailed without charge. See government Code section 552.008. For more information regarding legislative requests, see ar 6.9 of this policy.

The department may collection prices for publication it publishes. The departmental rules and also policy perform not border the expenses of departmental publications.

The department might request that it be exempt from part or every one of the rules embraced by TBPC for determining charges because that public information. If a routine desires to inquiry an exemption, a request have to be do in composing to the legal Section and must state the factor for the exemption. If approved, the inquiry is climate forwarded to TBPC. If TBPC determines that good cause exists for exempting the department from a part or all of the rules, TBPC must offer written an alert of the decision to the department in ~ 90 days of the request. On receipt of the determination, the department might amend that charges according to the determination of TBPC. The exemption shall not be reliable until the plan revision is adopted.

6.3 Charges for Providing duplicates of Public details
 Standard record copy– The charge for standard file copies reproduced by means of an office an equipment copier or a computer system printer is $.10 per page or part of a page. Every side that has a printed image is considered a page.
 Nonstandard copy – The following charges for nonstandard duplicates cover the price of materials onto which info is copied and do not reflect any additional charges that might be associated with a specific request:
 

Diskette Magnetic ice Data cartridge tape cartridge Rewritable CD (CD-RW) Non-rewritable CD (CD-R) Digital video Disc (DVD) JAZ journey Other electronic Media VHS videocassette Audio cassette Oversize document copy (i.e.: 11" x 17", environment-friendly bar, blue bar) other

$1.00 every Actual cost Actual expense Actual price $1.00 $1.00 $3.00 Actual expense Actual cost $2.50 each $1.00 each $.50 each (not including maps and photographs making use of specialty paper) Actual cost
 

Personnel charges – The charge for personnel costs, other than programming personnel costs, incurred in handling a request for public details is $15 per hour, prorated come the nearest fifty percent hour, and no extr costs, incurred in procedure charges for fringe benefits may be assessed. The requestor may not it is in charged for the preparation of the billing form, memorandum, cover letters, or any type of other information they did not request.

Personnel time may not be charged for any time spent by an attorney, legitimate assistant, or any kind of other human who evaluate the requested information to recognize whether the government body will raise any type of exceptions to disclosure the the requested info under the Act, Subchapter C; or to research or prepare a request for a ruling by the lawyer General"s office pursuant come the Act, ar 552.301.

If the fee for offering a copy of publicly information consists of personnel charges, the requestor might require a written statement regarding the quantity of time that was required by the room to produce and carry out the copy. The statement have to be signed by a department employee (agent) managing the an answer to the public information request. The employee"s name have to be typed or legibly printed below the signature. A charge may not be imposed for offering the written statement come the requestor.

 

Personnel Charges as soon as Photocopies are Requested – A personnel charge may not it is in billed in connection with complying with requests that room for 50 or fewer pages of file copies, uneven the records to be replicated are situated in more than one structure or in a far storage facility. All department structures at central campus are thought about one building. At various other sites, structures that are connected by sidewalks or extended walkways, one elevated or underground passageway, or comparable facility are taken into consideration to be one building. When an ext than 50 copies are requested, the personnel charge may include the actual time come locate, compile, and reproduce the asked for information and also can it is in assessed for either conventional or non-standard copies.

If 50 or much more pages space requested and when confidential information is blended with public info on the same page, personnel time will be charged for time invested to obliterate, blackout, or otherwise obscure confidential info in order to release the public information, in enhancement to the time it takes to locate, compile, and reproduce the asked for information.

 Personnel Charges when Requests need Data Manipulation – If a request involves development of a report, table, or graph not right now in existence, and also no programming is required, the regular personnel charge of $15 every hour, prorated to the nearest fifty percent hour, for an easy data entry will be charged, and also no added charges because that fringe benefits might be assessed. Once programming or data entrance is forced in response to a request, the proper personnel charge is allowed, regardless of the variety of pages requested.
 Programming personnel charges – If a specific request requires the solutions of a programmer in order come execute an existing program or to produce a brand-new program so the requested info may be accessed and copied, the department will charge because that the programmer"s time. The hourly fee for a programmer is $28.50 one hour, prorated to the nearest fifty percent hour, and also no extr charges because that fringe benefits might be assessed. Only programming services, not basic data entry, chandelier be charged at this hourly rate. When programming or data entry is required in response to a request, the ideal personnel fee is allowed, regardless of the number of pages requested.
 

Overhead charge – Whenever any type of personnel charge is applicable come a request, the room shall encompass in the charges direct and indirect costs, in addition to the details personnel charge. This overhead charge would certainly cover such prices as depreciation of funding assets, rent, maintenance and also repair, utilities, and administrative overhead. This overhead charge is 20% of any kind of personnel charges linked with a request.

An overhead charge might not be made for requests for duplicates of 50 pages or much less of standard file records unless the details must it is in retrieved from much more than one building or a far storage facility. All department structures at central campus are considered one building. At various other sites, buildings that are associated by sidewalks or covered walkways, one elevated or underground passageway, or similar facility are thought about to it is in one building.

 

Miscellaneous supplies – Actual expense

This would apply to such items as: envelopes, labels, boxes and other supplies used to develop the asked for information. No fee for products may it is in assessed if personnel charges are not applicable. Only photocopying costs may it is in assessed on together requests. For requests because that 50 or much more pages of record copies, or for those requests where the information is located in more than one structure or in a far site, the actual cost of products may it is in charged. All department buildings at central campus are considered one building. At other sites, structures that are connected by sidewalks or extended walkways, an elevated or underground passageway, or similar facility are thought about to be one building.

 Postal and shipping charges>– really cost.
 Photographs – really cost.
 Maps – yes, really cost.
 Outsourced/contracted services – Actual cost for the copy (may no include development costs.
 Fax charges – routine staff might assess a fee for the really cost, if known, for faxing public info long distance if the requestor especially asked that the details be faxed. If the actual price is not known or if the fax is transmitted locally, no fee for faxing deserve to be assessed.
 

Microfiche and also microfilm charge – If the requestor requires information found only on microform format and also they desire a duplicate of the microform, the charge shall no exceed the actual cost for reproducing the microform. A microfiche reader/printer is accessible in the room library for manufacturing of hard copy from microfiche. The smashville247.net State Library"s documents Management division (512) 454-2705 has the volume to reproduce microfiche and also microfilm because that state agencies.

If the requestor desires that the information discovered on the microform it is in reproduced on standard dimension paper, the charge is $.10 every page, plus any kind of applicable personnel and also overhead fee for much more than 50 copies.

 

Remote file retrieval charge – If the requested info is save in a remote storage facility and the basic charges the department because that retrieval of the document(s), the department shall recuperate actual prices of such services. If this charge is assessed, no additional personnel fee shall it is in factored in for time invested locating records at the storage ar by the storage facility"s personnel. If after shipment to the department, the boxes should still be looked for records that space responsive come the request, a personnel charge shall apply.

If the info is stored in ~ the smashville247.net State Library, and the room is not charged for locating, retrieving, delivering, and also returning the records to storage, then no retrieval charge might be made. If after ~ receipt the the files, department personnel need to search because that the records that are responsive to the request, a personnel charge shall apply.

 

Computer source charge – This is a utilization charge for computers based on the amortized price of acquisition, lease, operation, and also maintenance of computer resources, which could include, yet is not minimal to, some or every one of the following: central processing systems (CPUs), servers, decaying drives, regional area networks (LANs), printers, ice cream drives, various other peripheral devices, communications devices, software, and system utilities. These computer source charges space not to plan to instead of for price recovery methodologies or charges created purposes other than responding come public information requests.

The fee made to recoup the computer utilization cost is the actual time the computer takes come execute a certain program times the applicable rate. This time have the right to be read directly from the CPU clock, and also will most frequently be a issue of seconds. No charge have to be do for computer system print-out time.

The applicable rates are as follows:

 

Mainframe device Mid-size Client/server pc or LAN

$10.00 every cpu minute; $1.50 every cpu minute; $2.20 every clock hour; and $1.00 per clock hour.

 The public need to have accessibility to public information maintained top top superseded software and computer equipment. The department must preserve such software and also equipment and documentation ~ above the use of the software and also equipment for the complete retention duration as indicated on the department"s approved retention schedule, or the room must preserve the same information in a convert updated variation to permit the windy to it is in able to access and review it. However, the room is not required to transform data in one format to another format it has never preserved unless the requestor is notified and also pays the cost in development in accordance through the Act, ar 552.231. The department is not compelled to maintain hardware or software it no longer uses after the data has actually been converted.
 

Sales tax – Sales tax may not be added on charges because that public information.

 

Deposit – A cash deposit, no to exceed 50% of the total estimated charge, may be required prior to the program prepares for inspection the public details requested if the complete estimated charge will certainly exceed $100. A cash deposit that $50 minimum or up to 75% of the full estimated charge may be required prior to the routine duplicates/copies the public information requested if the total estimated charge will exceed $100. If the requestor has previous unpaid billings for public details exceeding $100, a deposit that the amount of the unpaid billings will be required.

6.4 Estimate or explain of charges
 

If fulfilling any type of inquiry for public details would expense the requestor an lot exceeding $40, the department must administer the requestor v a composed itemized statement that details all approximated charges that will be imposed, including any kind of allowable charges for job or personnel costs. If an different less costly an approach of viewing the documents is available, the declare must encompass a notification that the requestor may call the department about the alternative technique or the room should administer the internet site. The itemized statement to the requestor should state:

that the requestor must provide the department with a mailing, facsimile transmission, or electronic mail resolve to get the itemized statement and that it is the requestor"s an option which form of address to provide;

that the request is considered automatically withdrawn if the requestor does no respond in creating to the itemized statement and also any update itemized statement in the time and also manner required; and also

that the requestor might respond come the explain by delivering the written response to the department by mail, in person, through facsimile transmission, through e-mail.

The form called ORBILL (2 pages) is easily accessible on the legal Section"s internet site, accessed through the department"s intranet site, and also must be supplied to carry out the itemized calculation for dues totaling more than $40. For charges totaling $40 or less, use only the second page of ORBILL.

A inquiry is considered to have actually been withdrawn through the requestor if the requestor does no respond in writing to the itemized explain by informing the department in ~ 10 company days ~ the day the explain is sent to the requestor that:

the requestor will certainly accept the approximated charges;

the requestor is editing the inquiry in solution to the itemized statement; or

the requestor has filed a complaint through TBPC alleging overcharges.

If the department program later determines, but prior to it renders the copy or the file record available, that the estimated charges will exceed the charges detailed in the written itemized explain by 20 percent or more, the department program shall send to the requestor a written updated itemized statement that details all estimated charges that will be imposed, including any type of allowable dues for job or personnel costs. If the requestor does not respond in creating to the updated calculation in the time and manner described, the inquiry is thought about to have actually been withdrawn through the requestor.

If the really charges that the department imposes because that a copy of public information, or because that inspecting a file record over $40, the charges may not exceed the amount approximated in the updated itemized declare or, if no together updated statement to be sent, the lot charged cannot exceed 20 percent that the amount detailed in the latest estimate noted to the requestor. If no itemized declare is sent to the requestor, the department may not charge over $40 to fulfill the request.

Always complete ORBILL (Public records Charges Billing) and also the enclosed Billing Memorandum form, together applicable, even when you space waiving the charges. The information detailed on the kind will be used each month for forced reporting come TBPC, as outlined in the plan entitled Public details Statutory reporting Requirements. The billing type is accessible from the department"s intranet site, ~ above the legitimate Section"s net site. Anxiety to customers that they have to return a copy of the billing kind with their remittance for their payment come be processed properly. Failure to carry out so will an outcome in a hold-up of handling their request and will delay the requestor gaining the records.

On assignment under $100 for which the regimen is no requiring prepayment, particularly encoded remittance envelopes are accessible from the Automated mail Facility. These envelopes room encoded with the department program"s budget number and also fund for open records fees and, together such, have to be used exclusively for the purpose. The money information can be secured indigenous the fiscal Division.

6.5 Overcharges
 The prices for each public details request need to be calculated carefully so that the general public is billed accurately. If a member of the general public is overcharged as result of the department no acting in great faith in computing the charges, the requestor having been overcharged might recover an amount of increase to 3 times the amount lock overpaid.
6.6 Responding to Requests for info that require Programming or Manipulation of digital Data (Section 552.231 that Act)
 

The routine shall provide a requestor through a composed statement:

if responding come the request will require programming or manipulation that data and compliance through the request is no feasible or will result in an extensive interference v the program"s recurring operations, or

if responding come the request will need programming or manipulation of data and also the information could be made available in the requested type only at a price that consists the programming and manipulation of data.

The composed statement must include:

a statement the the information is not accessible in the requested form,

a description of the kind in i beg your pardon the information is available,

a description of any kind of contract or services that would be forced to administer the details in the asked for form,

a explain of the estimated cost of offering the information in the asked for form, and

a declare of the guess time compelled to carry out the information in the asked for form.

The routine shall administer the written statement to the requestor in ~ 20 calendar days after the date of the department"s receipt of the request. The program has an additional 10 calendar work to administer the explain if the program gives written an alert to the requestor, in ~ 20 calendar days after the day of receipt the the request, that the added time is needed.

On offering the written statement to the requestor as forced by this policy, the routine does no have any type of further obligation to administer the details in the requested form or in the kind in which the is obtainable until:

the requestor says in composing to the regime that the requestor wants the routine to provide the details in the requested type according come the cost and also time parameters collection out in the statement or follow to other terms to which the requestor and also the routine agree; or the requestor says in creating to the program that the requestor desires the information in the type in which it is available. As soon as this solution has to be received, the program need to fill the inquiry promptly, or no later than 10 organization days after ~ receipt of the request.

Programs shall keep a document containing all composed statements authorize under this plan in a readily easily accessible location in accordance through their records retention schedule.

6.7 Access to info Where copies are Not requested
 

Access to information in standard file form – The department might not fee for making obtainable for inspection details maintained in standard paper form. Charges room permitted just where the department is asked to provide, for inspection, details that contains both mandatory confidential information and also public information. Once such is the case, the department might charge to make a copy the the web page from which info must it is in edited. No other charges room allowed.

Pursuant to ar 552.271(c), the department might require a requestor come pay, or to make a deposit because that the payment of guess personnel costs for making accessible for inspection public info that exist in document records only if the information is (1) enlarge than five years OR totally fills, or once assembled, will completely fill 6 or more archival boxes; and (2) more than five hours will certainly be forced to make the public information obtainable for inspection. The amount of deposit forced will be identified pursuant to section 6.3 of this policy on deposits.

 

Access to info in other than traditional form – In response to requests for access, for functions of investigate only, to information that is kept in various other than traditional form, the department may not fee the requesting party the expense of preparing and also making obtainable such information.

If a inquiry is make to inspect microfilm or microfiche containing confidential information, the confidential info must it is in redacted and a photocopy through the redacted details obliterated need to be made. Just charges because that the copies apply. No various other charges might be imposed. Have to the requestor, after evaluating the records, decide that they desire to keep the copies, then the actions for providing record copies, including any type of applicable personnel charges, would apply. Since the requestor has already been charged the photocopying fees for the duplication that the information, then they may be fee personnel dues for the time it took to prepare the copies if they are requesting over 50 pages or if their request meets any type of of the other criteria for charging personnel charges. When personnel charges are applicable, climate the overhead fee is also applicable.

If the room does not have actually the volume to duplicate a record in non-standard form, it may be copied at an outside vendor and the requestor might be charged everything that merchant charges the department. Original records cannot be gotten rid of from the room premises by the requestor.

 

Access to details in electronic form – In an answer to a inquiry to inspect information that is kept in digital form, the department might not fee the requesting party if the info is obtainable online and also no confidential details is displayed.

Charges for inspection of public details existing in electronic type that is not obtainable directly online to the requestor shall no be made unless programming and manipulation that data is required. If such manipulation is required, the room shall notify the requestor within 20 calendar days in accordance with section 6.6 of this policy.

If public info exists in an electronic kind on a computer owned or leased by the department and if the public has direct access to that computer system through a computer network or other means, the electronic type of the details may be electronically copied from that computer system without charge if accessing the info does not require processing, programming, or manipulation ~ above the government-owned or government-leased computer prior to the information is copied.

If public info exists in one electronic type on a computer owned or leased by the department and if the public has actually direct accessibility to that computer system through a computer system network or other means and the information requires processing, programming, or manipulation prior to it deserve to be electronically copied, the department might impose charges for programming and overhead.

If details is produced or maintained in an electronic form, each regime within the room is encouraged to explore alternatives to separate out confidential information and to make public information easily accessible to the public by electronic access through a computer system network or by other means.

 The papers are ready for inspection – once the requested files are all set for inspection, contact the requestor to schedule a date and time for the inspection. The requestor must check the records within 10 calendar days. The room will prolong this time if the requestor in ~ the 10 days provides a created request because that an expansion of time. The room will expand twice by one more 10 days each if the requestor, within each 10 job time period, provides a created request for such an extension.
6.8 Responding come Repetitious or redundancy Requests
 

If a requestor has made a inquiry for info that the department has actually previously furnished or made obtainable to the requestor, the department is no obligated to however may again carry out this information to the requestor. If the department regimen is denying the information, they need to send a certification form that includes: (1) a summary of the details for which duplicates have been previously furnished or made accessible to the requestor; (2) the date that the department received the requestor"s original request for that information; (3) the date that the department previously furnished the information or do copies obtainable to the requestor; (4) a certification that no succeeding additions, deletions, or corrections have actually been do to the information; and (5) the name, title, and signature that the officer because that public info or the officer"s agent making the certification. A charge might not be enforced for offering this certification form. The form is obtainable as ORREP on the legitimate Section"s net site, accessed with the department"s intranet site.

The department might not deny a inquiry if the inquiry was made previously by the same requestor and also that information was not offered or did no exist at the moment of the ahead request. If a request has both details previously requested and also information not formerly requested, the department is only compelled to it is provided the section of details not formerly requested, however must send a certification type containing the data together indicated over to notify the requestor as to why the department is no supplying all of the info requested.

6.9 Legislative inquiry
 

Whenever a legislative inquiry is received, the facility for Consumer and External work (CCEA) must be notified immediately. One copy the public information requested by a member of the legislature because that legislative purposes under federal government Code section 552.008, chandelier be detailed without charge. Section 552.008 specifically states, “A governmental human body on request by an separation, personal, instance member, agency, or committee of the legislative shall provide public information, consisting of confidential information, to the requesting member, agency, or committee because that inspection or duplication in accordance v this thing if the requesting member, agency, or committee states that the public details is requested under this chapter for legislative purposes. A government body, by providing public information under this section that is confidential or otherwise excepted from compelled disclosure under law, does not waive or impact the confidentiality the the info for purposes of state or federal law or waive the best to assert exceptions to compelled disclosure of the info in the future. The governmental body might require the requesting separation, personal, instance member that the legislature, the requesting legislative firm or committee, or the members or employees of the requesting entity that will watch or handle details that is received under this section and that is confidential by law to sign a confidentiality covenant that consist of the information.”

The confidentiality commitment is one agreement between the requesting separation, personal, instance member of the legislature, the legislative branch agency, or legislative branch committee and also the department. The requesting individual member the the legislature, the requesting legislative company or committee, or the members or employees of the requesting entity agree that the confidential info which is requested will be supplied for legislative branch purposes.

When an separation, personal, instance member, agency, or committee the the legislative requests info from the department which is confidential under state law and states in creating that the details will be supplied for legislative branch purposes, a Confidentiality agreement MUST be signed.

This form is obtainable online in the Forms and Literature Catalog. Form in stock # F19-10771 to achieve the legislative Confidentiality Agreement.

It will certainly be the duty of routine staff to gather the asked for documents, prepare the agreement, and also complete the document request. The program should contact the Legal ar with any kind of questions around the confidentiality the the asked for documents. The Legal section will evaluation the agreement and also attached papers upon receipt native the program. The regimen or CCEA will ensure the the signatures because that the covenant are obtained. This commitment needs to be signed before or at the moment of release of the confidential details to the requestor.

If files are not obtainable or execute not exist at the time of the legislative request, yet will become available in the foreseeable future, the regimen shall notify the requestor the the date on which the documents are anticipated come be accessible and market to carry out them at the time. CCEA shall be educated by the regime if the requestor confirms the he/she desire to receive the files once they end up being available.

If a legislator, legislature agency, or legislative committee requests info which is confidential under commonwealth law, constitutional law, or justice decision, the documents may not be topic to release. Please call the Legal section if you have any type of questions around the disclosure the confidential information.

6.10 Responding come Requestor with Unpaid Requests for Public information
 If the department has previously listed public information to a requestor and also billed them because that the information and also if the billings exceed $100 and are unpaid, the department may require a deposit for payment of the unpaid quantities owed come the department prior to preparing to fulfill a new request because that public info from the exact same requestor. The department may not seek payment of those unpaid amounts through any other means. If such a deposit is required, the department should fully document the existence and amount that those unpaid amounts before request a deposit. A brand-new request for a copy that public info is thought about to have been received by the department on the date the department receives the deposit for payment the unpaid amounts over $100 on ahead requests indigenous the very same requestor.
6.11 Media request
 A request received from the news media is processed as an open up records inquiry under the Act. Likewise follow the department"s news media policy.
6.12 Certification of records
 See meaning of Custodian of documents at 3.20. People authorized through department policy or designation to certify records need to use CERTFORM 1, 2, 3, 4, or 5 (obtainable native the legit Section) or may complete a properly executed company records affidavit provided by the requestor. The room seal need to be affixed come a certification. One affidavit have to be notarized.

The height unit manager of each department mental health hospital or his/her designee and the height unit manager of every department chest hospital or his/her designee has authority as Custodian of records to execute service records affidavits, execute composed depositions, and to certify main records, or duplicates thereof.

Persons who space not authorized to certify records or complete and sign a organization records affidavit, must acquire the records certified or have actually the affidavit completed by a Custodian of documents in the Legal section of smashville247.net.

6.13 Open documents Tracking
 

Each office the handles open records inquiry shall preserve an open records tracking system. Workplaces within the same organizational chain that command might appoint one human being within the chain of command to keep a tracking system for the entire chain that command. The tracking system must contain, in ~ a minimum, the following information:

Name the requestor (and connected company, if known) day received at smashville247.net date Due come Requestor/AG information Requested Time spent Redacting obligated Confidential Information complete Charges payment by Requestor date Paid Comments/Notes

Tracking will certainly be excellent in Microsoft Word, Excel, Access, or another comparable software.

6.14 Medical documents
 

A request that is submitted one of two people by a patient because that medical/mental health and wellness records relating to the patient, or through those people authorized by state and/or federal regulation to attain the patient"s medical/mental wellness records that were produced within department mental health facilities, chest hospitals, clinics, and laboratories, is not an open up records request.

A inquiry for medical/mental health and wellness records, or files containing medical/mental wellness records, it is registered by someone other than the patient or other authorized human being is an open up records request and will be subject to the Public information Act.


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6.15 Requests because that Ruling/Brief sent to Attorney basic
 Requests for judgment or briefs containing debates for withholding confidential information that are sent to the Attorney basic will be ready by personnel in the legal Section and approved and also signed by a department lawyer or someone acting in his/her behalf.

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