Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,909
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Filed with the Office of the Secretary of State on August 17, 2012.
Leslie J. Pettijohn
Finance Commission of Texas
Effective date: September 6, 2012
Proposal publication date: June 29, 2012
For further information, please call: (512) 936-7621
PART 5. OFFICE OF CONSUMER
CHAPTER 82. ADMINISTRATION
7 TAC 82.1, 82.2
The Finance Commission of Texas (commission) adopts amend-
ments to 82.1, concerning Custody of Criminal History Record
Information, and 82.2, concerning Public Information Requests;
Charges. The commission adopts the amendments to 82.1
with changes and 82.2 without changes to the proposed text
as published in the June 29, 2012, issue of the Texas Register
(37 TexReg 4755).
The commission received no written comments on the proposal.
In general, the purpose of the amendments to 82.1 and 82.2
is to implement changes resulting from the commission's review
of Chapter 82 under Texas Government Code, 2001.039. The
notice of intention to review Chapter 82 was published in the May
11, 2012, issue of the Texas Register (37 TexReg 3609). The
agency did not receive any comments on the notice of intention
The individual purposes of the amendments to each rule are pro-
vided in the following paragraphs. The purpose of the amend-
ments to 82.1 is to update which agency employees and other
authorized persons have access to criminal history record infor-
mation and to make technical corrections.
In both subsections of 82.1, the verb "shall" has been changed
to "will," since the latter term is reflective of a more modern and
plain language approach in regulations. Revisions have also
been made throughout the section utilizing the agency's acronym
("OCCC") to provide more streamlined phrasing.
In 82.1(b), the list of agency employees and other authorized
persons having access to criminal history record information has
been updated to reflect current agency practice. The following
parties are added to subsection (b): the director of consumer
protection, the public information officer, and any designated and
approved employee who requires access in order to fulfill the
Since the proposal, the descriptors "permanent or temporary"
preceding "employee" in 82.1 (b)(8) have been removed for this
adoption, with the addition of the following phrase at the end of
the paragraph: "and as designated and approved by a party pro-
vided in paragraph (1) or (5) of this subsection." The revised lan-
guage provides proper supervisory approval to allow additional
employees access to criminal history record information.
The purpose of the amendments to 82.2 is to conform the rule
to the agency's current public information process, remove obso-
lete language, and add clarification. Throughout 82.2, the verb
"shall" has been changed to "will," providing parallel changes
consistent with those made in 82.1.
In subsection (a) of 82.2 concerning definitions, the acronym
"OCCC" has been added to the definition as an alternative for
"agency" to allow the use of the agency's acronym when appro-
priate. New paragraph (3) contains the definition for "public in-
formation request" as a request pursuant to Texas Government
Code, Chapter 552 (the Texas Public Information Act). This def-
inition also provides that the term "open records request" may
be used synonymously with "public information request." Con-
cerning the definition of "readily available information," the lat-
ter phrase concerning redaction time has been deleted and re-
placed with language clarifying that information located in sepa-
rate buildings or remote storage as per Texas Government Code,
552.261 is not considered to be readily available.
Subsection (b) of 82.2 includes the more descriptive tagline of
"Receipt of public information request." Language referencing
other state and federal agencies has been removed, as those
requests are usually handled as intergovernmental transfers of
information. In the sentence concerning fee waivers and re-
ductions, a reference has been added to Texas Government
Code, 552.267, which authorizes these fee changes for re-
quests made in the public interest. Additionally, the last phrase
concerning no fee for requests of 50 pages or less has been re-
vised and relocated to subsection (c).
Subsection (c) of 82.2 concerning copy and service charges
has experienced several revisions and been reorganized to
better reflect current agency practice and provide clarity for
requestors of public information. The first two paragraphs have
been recategorized into the most determinative factors affecting
charges: (1) requests of 50 pages or fewer, and (2) requests
of more than 50 pages. Requests under paragraph (1) have
no fee, and those under paragraph (2) have charges of $0.10
per page and $15 per hour for administrative time. Obsolete
charges for overhead and computer time not used by the agency
have been deleted.
Section 82.2(c)(3) has been revised to specifically relate to
requests for not readily available information. The adopted
changes include a citation to the provisions concerning remote
storage in Texas Government Code, 552.261, language con-
cerning the types of personnel time that may be charged for
at $15 per hour (e.g., driving to and from the storage location,
retrieving and restoring information), and a citation to the Office
of the Attorney General's (OAG) rule related to this issue. Fur-
ther, all of the charges under this paragraph are optional, as this
adoption replaces the verb "shall" with "may" in this instance.
Descriptive taglines have been added to paragraphs (4) - (6)
to provide clarification. A new sentence has been added to
82.2(c)(4) concerning certification, stating that certified copies
will bear the commissioner's signature and agency seal. Para-
graph (5) contains a more precise citation to the OAG's public
information cost rules chapter. Paragraph (6) concerning cost
estimates has been subdivided into two subparagraphs: (A) for
requests over $40, and (B) for requests over $100.
In subsection (d) regarding delivery charges, former paragraph
(3) relating to delivery via fax has been deleted as those
charges are now obsolete and not used by the agency. Adopted
82.2(d)(3) contains new language concerning delivery via
email and states that requests of more than 50 pages sent
via email will not include copying charges, except for pages
requiring redaction of confidential information.
ADOPTED RULES August 31, 2012 37 TexReg 6909
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/90/: accessed October 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.