Texas Attorney General Opinion: LO89-32 Page: 2 of 4
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Mr. C. Ed Davis
March 23, 1989
Page 2
improperly assign to the Commission the task
of tracking a moving target.
Section 9(a) of the Open Records Act directs
the (now) State Purchasing and General
Services Commission (SPGSC) 'to determine the
actual cost of standard size reproductions'
and 'to publish these cost figures for use by
agencies . . .' With regard to the mater-
ials at issue, that is, standard-size docu-
ments numbering more that [sic] 50 pages in
length, that charge has been set by SPGSC as
'$.85 for the first page and $.15 for each
additional page.'
In short, it is the Commission's position
that the logic of our particular situation,
and both the logic and letter of the law
required the practice of uniformly charging
SPGSC's base price for a document which will,
over time, consist of pages produced under
varying conditions at varying costs.
We infer from your letter that it is your contention
that the rules established by SPGSC are mandatory to the
extent that they establish minimum costs of reproduction of
standard sized copies. If so, we disagree. 1 T.A.C.
section 111.62 provides:
The charges reflected in this subsection
are sidelines .to ..be applied .as the
individual situation dictates. The
determination of whether information is or is
not readily available is left to each
governmental entity. The charge for office
machine copies of pages up to and including
legal size (8 inches by 14 inches) are as
follows. . . . (Emphasis added.)
Even if the guidelines establish mandatory minimum
charges, which they do not, in this instance the TEC has
incorrectly applied the cost guidelines established in 1
T.A.C. section 111.62 to the Manual. Those guidelines
pertain to "office machine copies." The Manual was not,however, reproduced on an "office machine," but rather in a
print shop where the Manual was reproduced at a fraction of
the cost the TEC would incur using an office photocopier.
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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/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.