| (a) Definitions. The following words and terms, when
used in this section, will have the following meanings, unless the
context clearly indicates otherwise.
(1) Agency or OCCC--The Office of Consumer Credit Commissioner
of the State of Texas.
(2) Commissioner--The Consumer Credit Commissioner
of the State of Texas.
(3) Motor vehicle record--Has the meaning provided
by Texas Transportation Code, §730.003(4).
(4) Personal information in a motor vehicle record--Has
the meaning provided by Texas Transportation Code, §730.003(6).
(5) Public information request--A written request made
for public information pursuant to Texas Government Code, Chapter
552 (the Texas Public Information Act). Another name for a "public
information request" is an "open records request,"
and these terms may be used synonymously.
(6) Readily available information--Public 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, but not information that is located in two or more
separate buildings that are not physically connected with each other
or information that is located in a remote storage facility as per
Texas Government Code, §552.261.
(7) Standard paper copy--A printed impression on one
side of a piece of paper that measures up to 8 1/2 inches by 14 inches.
A piece of paper that is printed on both sides will be counted as
two copies.
(b) Receipt of public information request.
(1) Generally. Upon receipt of a written public information
request that clearly identifies the public information requested to
be copied or examined pursuant to Texas Government Code, Chapter 552
(the Texas Public Information Act), the agency will make every reasonable
effort to provide the information in the manner requested as quickly
as possible without disruption of normal business activities. All
requests will be processed in accordance with the Texas Public Information
Act, and all requests will be treated equally.
(2) Requests by email directed to OCCC public information
officer or designee. Public information requests submitted via email
must be sent to the OCCC's public information officer at an email
address designated by the OCCC.
(3) Requests sent by mail or hand delivery. Public
information requests, other than email requests, may be submitted
to the OCCC by mail or hand delivery to Public Information Officer,
Office of Consumer Credit Commissioner, 2601 N. Lamar Blvd., Austin,
TX 78705.
(4) Confidential information. Information that is confidential
by law will not be provided except under court order, attorney general
directive, or other legal process.
(5) Charge waiver or reduction. Charges imposed by
this section may be waived or reduced at the discretion of the commissioner
as per Texas Government Code, §552.267.
(c) Copy and service charges. The cost to any person
requesting copies of public information from the OCCC will be the
applicable charges established by the Office of the Attorney General
under 1 TAC Chapter 70 (relating to Cost of Copies of Public Information).
This subsection outlines the OCCC's most common charges to produce
copies of public information. These charges may be supplemented or
modified as authorized by 1 TAC Chapter 70.
(1) Charges not collected. No charge will be collected
for requests resulting in charges of $5 or less.
(2) Application of charges. The following charges may
apply to requests for public information:
(A) $0.10 copy charge per page if paper copies are
requested;
(B) $15 per hour of labor or personnel time spent to
locate (including pulling documentation from archives), compile, manipulate
(including redacting mandated confidential information), reproduce,
and prepare the information for delivery or inspection;
(C) 20% overhead charge, calculated by multiplying
the total personnel cost under subparagraph (B) by 0.20.
(3) Certification. If certification of copies as true
and accurate from the OCCC's records, or a certified statement verifying
information on record with the OCCC is requested, an additional charge
of $5 per certification will be added to the charges described by
this subsection. The certification will include the signature of the
commissioner, or a designated custodian of records for the information
being certified, and the OCCC seal.
(4) Nonstandard copies. The charge for nonstandard
copies will be determined by reference to any recommended standards
promulgated by the Office of the Attorney General, 1 TAC Chapter 70
(relating to Cost of Copies of Public Information).
(5) Cost estimates.
(A) Over $40. If the anticipated charges under this
subsection plus anticipated charges under subsection (d) of this section
exceed $40, the agency will send an estimate outlining the estimated
cost to fulfill the request as per Texas Government Code, §552.2615.
(B) Over $100. If the anticipated charges under this
subsection plus anticipated charges under subsection (d) of this section
exceed $100, the agency will send a cost estimate as provided in subparagraph
(A) of this paragraph. In addition, the agency may require cash prepayment
or bond equal to the total anticipated charges prior to providing
copies of the requested information, as per Texas Government Code, §552.263.
(d) Delivery charges.
(1) U.S. mail. When public information is required
to be mailed, the cost of postage will be added to the charges described
by subsection (c) of this section.
(2) Expedited delivery. When a requestor asks and the
agency agrees to provide public information by overnight delivery
service or other expedited delivery, the cost of the service will
be added to the charges described by subsection (c) of this section,
unless the requestor arranges to pay the delivery charges directly.
The agency is not required to provide expedited delivery without payment
for the service.
(e) Inspection of records.
(1) Generally. Records access for purposes of inspection
will be by appointment only and will only be available during regular
business hours of the agency. If the safety of any public record or
the protection of confidential information is at issue, or when a
request for inspection would be unduly disruptive to the ongoing business
of the office, physical access may be denied and the option of receiving
copies at the usual charges will be provided.
(2) Redaction of confidential information from paper
records. If confidential information must be redacted prior to a requestor's
inspection of paper records, $0.10 per page may be charged to prepare
the inspection copies containing the remaining public information.
(3) Labor charges. The agency may assess charges for
labor or personnel time, as described by subsection (c)(2) of this
section, if production of the information requires programming or
manipulation of data (including redaction). The agency will not charge
overhead for an inspection where the requestor does not receive copies
of documents.
(4) Over $40. If a request for inspection would result
in charges under Texas Government Code, §552.271 that exceed
$40, the agency will send an estimate outlining the estimated cost
to fulfill the request as per Texas Government Code, §552.2615.
(5) Over $100. If a request for inspection would result
in charges of over $100, the agency may require a 50% cash prepayment
or a bond equal to the total anticipated charges prior to providing
access to the requested information, as per Texas Government Code, §552.263
and 1 TAC §70.7 (relating to Estimates and Waivers of Public
Information Charges).
(f) Agency officer for public information. The commissioner
or the commissioner's designee is the agency's officer for public
information.
(g) Motor vehicle records.
(1) Generally. Requests for motor vehicle records are
subject to Texas Transportation Code, Chapter 730 (the Motor Vehicle
Records Disclosure Act).
(2) Disclosure of personal information in a motor vehicle
record. Personal information in a motor vehicle record may be disclosed
only to an authorized recipient. A requestor is an authorized recipient
if the requestor is the subject of the information, has the consent
of the person who is the subject of the information, or meets the
criteria in Texas Transportation Code, §730.005 or §730.007.
(3) Unauthorized receipt of personal information in
a motor vehicle record. If a requestor becomes aware that the requestor
is not an authorized recipient of personal information in a motor
vehicle record received from the OCCC, then the requestor must delete
the information from the requestor's records, as provided by Texas
Transportation Code, §730.0121.
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| Source Note: The provisions of this §82.2 adopted to be effective October 11, 1994, 19 TexReg 7594; amended to be effective July 14, 2002, 27 TexReg 5966; amended to be effective January 4, 2007, 31 TexReg 10760; amended to be effective September 6, 2012, 37 TexReg 6909; amended to be effective June 30, 2016, 41 TexReg 4641; amended to be effective November 5, 2020, 45 TexReg 7702; amended to be effective July 14, 2022, 47 TexReg 3968 |
