Texas Attorney General Opinion: LO89-32 Page: 1 of 4
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Ti.E ArnnT()RvE'Y 4-ENEr AL
o( TrX A.S
March 23, 1989
Jun MALTTox
ATrTORNE GENERAL
Mr. C. Ed Davis
Special Counsel
Texas Employment Commission
15th Street and Congress Avenue
Austin, Texas 78778 LO-89-32
Dear Mr. Davis:
This is to acknowledge your letter of January 31, 1989,
to this office regarding the amount the Texas Employment
Commission (TEC) may charge requestors for the TEC's new
Appeals Policy and Precedent Manual (the Manual). The
Manual is used primarily by claims examiners and appeals
referees as a guide for making case-by-case determinations
of unemployment compensation claims. ju Mollinedo v. Texas
Emplo vent Cormmission, 662 S.W.2d 732, 738 Tex. App. -
Houston [1st Dist.] 1983, writ ref'd n.r.e.). The TEC
completed a major. revision of the manual in 1988 and has
made the Manual available to the public for the sum of
$95.55. An individual who received a copy of the newly
revised Manual and paid the aforementioned amount requested
and received records from the TEC that reflect the printing
cost for 500 copies of the Manual as being $3,676.43. He
now complains to this office that he was overcharged for his
copy of the Manual and contends that the TEC should only
have charged him one five-hundredth of the total printing
costs, or $7.35.
You contend otherwise. In your letter you state:
As has always been the case, over time all
updated copies of the Manual will consist
more and more of pages produced at different
times, in different places, with different
elements of 'actual costs.' It was pure
chance that (this person's] purchase occurred
during the very brief window in time when
'actual cost' might have been determined in
the most technical sense. As suggested
above, we believe that exercise would ignore
the shifting nature and consequent changing
cost of production of the Manual and would
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO89-32, text, March 23, 1989; (https://texashistory.unt.edu/ark:/67531/metapth276321/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.