7 - Voice For The Defense Online

- as it relates to non-disclosure of
accident reports does not also
enloin Section 552.130. In other
words, it remains the law that a
requester cannot use the PIA to
obtain the information described
above.
Charges for Providing Public
Information
As noted above, the governmental body
may charge copying wsts for reproduction
of documents. Tex. Gov't Code Ann. $
552.261(a) (Vernon Supp. 1999). If the
number of documents exceeds 50 pages, the
governmental body may also charge for the
costs of materials, labor, and overhead. Id.
Likewise, if the information is located in
more than one building, or in a remote
storage facility, the governmental body may
charge for the costs of materials, labor, and
overhead. Id. If costs of labor are assessed,
the requester is entitled, upon request, to a
written statement of the amount of time
spent in preparing the public information.
Tex. Gov't Code Ann. 9 552.261(b)
(Vernon Supp. 1999).
If the anticipated wsts for preparation
of public information exceeds $100, the
governmental body may require a bond or
deposit for payment of those costs prior to
commencing preparation. Tex. Gov't Code
Ann. $552.263 (VemonSupp. 1999). The
costs may be waived if the governmental
body "determines that waiver or reduction
of the charge is in the public interest
because providing the wpy of the information
primarily benefits the general public."
Tex. Gov't Code Ann. $ 552.267 (Vernon
Supp. 1999).
The standards for costs for reproduction
are set by the General Services Commission
(GSC). Tex. Gov't Code Ann. 5 552.262
(Vernon Supp. 1999). A governmental body
other than a state agency is entitled to set
its own fee schedule, but it cannot exceed
by more than twenrpfive percent the
standard charge set by the GSC. Id. If the
requester believes he or she has been
overcharged, the GSC is authorized to
receive and investigate such wmplaintsand,
if meritorious, impose treble refunds for bad
faith overcharging by the governmental
body. Tex. Gov't Code Ann. $ 552.269
(Vernon Supp. 1999).
Criminal Penalties
W~th respect to requesters, the PIA
cr~m~nalizes destruction, mutilation, or
removal of publ~c mformation. Tex. Gov't
Code Ann. 5552.351 (VernonSupp. 1999).
The range of punishment is up to three
months in jail and/or up to a $4,000 fine.
Id.
With respect to governmental bodies, the
PIA criminaIizes unauthorized dissemination
of confidential information. Tex. Gov't
Code Ann. 5 552.352 (Vernon 1994).
Finally, it criminalizes the criminally
negligent failure or refusal to provide access
to or copying of public information. Tex.
Gov't Code Ann. 9 552.353 (Vernon Supp.
1999). These offenses have a range of
punishment of up to three months in jail
and/or up to a $4,000 fine, and also
constitute official misconduct. Id. h
Scott A Durfee is the General Counsel for the
Harris County Dshict Atmey's Office and
is afrequent speaker on opengovernment issues.
Thls article is an updated verston of his
contribution to the State Bar's 1998 Advanced
Crtmiml Law Course.
TDCJ inmate hos~italized
By, Leigh-Anne Gideon
M.E.s Note: The folLnumg news story Tan on the front page of the
Huntsville Item, 4/13/99. It was sent to the Voice by TCDLA
member B9 Habem, who asked that s be shared wtth the membership.
It u reprinted he, with permisston of the author, Leigh-Anne Gideon,
reporter for the Huntsville paper.
A
Texas Department of Criminal Justlce uunate who 1s serv
ing time for sexual assault is listed in stable condition folldwinga
hemmoverdose Sunday afternoon attheEllis Unit.
According to TDC] public information officer, Larry Fitzgerald,
Michael Edward Porter, 36, was d~scovered in'hts cell at the Ellis
Unit at approx~mately 2:45 p.m. on Sunday, crouched down and
not responding to correct~onal offkers.
Fourteen small balloon bags, filled wlth a substance believed to
be heroin, were found on Porter's bunk. One of the balloons was
split open.
Medical personnel was immediately called, and Porter was
transferred to the infirmary in the prison unit. After Porter was
taken to the unit's infirmary, a small Zip-Lock bag was found
hidden in his sock
The substance Inside the bag was tested and found to be heroin,
Fttzgerald satd.
Porter was later transported to Huntsville Memorial Hwpltal,
where he was treated. At press time, Porter was still being held at
HMH.
Fltzgerald said it is unknown at thls time how Porter was able to
obtam the narcotics.
"This is still part of the investigation being conducted by TCDJ's
Internal Affairs Division," Fitzgerald said.
'YTlus is something we will actively pursue!'
F~tzgerald said that narcotics charges will be filed on Porter, who
has served more than 11 years of his 40-year sentence for sexual
assault and unauthorized use of a motor vehicle.
Both convictions are out of Orange County Porter is scheduled
to be released in 2006.
MAY 1999 VOICE 37