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RULE §403.101Public Information

(a) Charges for Copies of Public Records. The charges to any person requesting reproductions of any readily available record of the Texas Lottery Commission will be the charges established by rule by the Office of the Attorney General in accordance with the Texas Government Code Chapter 552, Subchapter F.

  (1) Pursuant to Texas Government Code §552.275, the commission has established a limit of 36 hours per fiscal year as the maximum amount of time commission personnel are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without the commission recovering costs attributable to that personnel time.

  (2) The commission will provide each requestor a written statement of the amount of personnel time spent complying with each request for public information from the requestor and the cumulative amount of time spent complying with requests for public information from the requestor during the fiscal year. Subject to the provisions of §552.275, when the 36-hour limit is met or exceeded, the commission will require a requestor to pay costs attributable to cost of materials, overhead, and personnel time necessary to comply with the request.

(b) The commission may furnish public records without charge or at a reduced charge if it determines that waiver or reduction of the fees is in the public interest.

(c) Public Information Requests. The following guidelines apply to requests for records under the Public Information Act, Texas Government Code, Chapter 552.

  (1) Requests must be in writing and reasonably identify the records requested. All requests must be submitted to the commission's Public Information Coordinator by one of the methods indicated on the commission's website.

  (2) Records access will be by appointment only.

  (3) Records access is available only during the regular business hours of the commission.

  (4) Generally, unless confidential information is involved, review may be by physical access or by duplication, at the requestor's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will only be provided the option of receiving copies.

  (5) When the safety of any public record is at issue, physical access may be denied, and the records will be provided by duplication as previously described.

  (6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order.

  (7) All public information requests appointments will be referred to the commission's Public Information Coordinator before complying with a request.

Source Note: The provisions of this §403.101 adopted to be effective February 17, 1995, 20 TexReg 642; amended to be effective December 27, 2007, 32 TexReg 9609; amended to be effective October 31, 2019, 44 TexReg 6368; amended to be effective June 30, 2021, 46 TexReg 3872

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