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The
Public Information Act
Texas
Government Code, Chapter 552, gives you the right to access government
records; and an officer for public information and the officer's
agent may not ask why you want them. All government information
is presumed to be available to the public. Certain exceptions may
apply to the disclosure of the information.
Governmental
bodies shall promptly release requested information that is not
confidential by law, either constitutional, statutory, or by judicial
decision, or information for which an exception to disclosure has
not been sought.
Rights
of Requestors
You have the right to:
- Prompt
access to information that is not confidential or otherwise protected;
- Receive
treatment equal to all other requestors, including accommodation
in accordance with the Americans with Disabilities Act (ADA) requirements;
- Receive
certain kinds of information without exceptions, like the voting
record of public officials, and other information;
- Receive
a written statement of estimated charges, when charges will exceed
$40, in advance of work being started and opportunity to modify
the request in response to the itemized statement;
- Choose
whether to inspect the requested information (most often at no
charge), receive copies of the information or both;
- A
waiver or reduction of charges if the governmental body determines
that access to the information primarily benefits the general
public;
- Receive
a copy of the communication from the governmental body asking
the Office of the Attorney General for a ruling on whether the
information can be withheld under one of the accepted exceptions,
or if the communication discloses the requested information, a
redacted copy;
- Lodge
a written complaint about overcharges for public information with
the General Services Commission. Complaints of other possible
violations may be filed with the county or district attorney of
the county where the governmental body, other than a state agency,
is located. If the complaint is against the county or district
attorney, the complaint must be filed with the Office of the Attorney
General.
Responsibilities
of Governmental Bodies
All governmental bodies responding to information requests have
the responsibility to:
- Establish
reasonable procedures for inspecting or copying public information
and inform requestors of these procedures;
- Treat
all requestors uniformly and shall give to the requestor all reasonable
comfort and facility, including accommodation in accordance with
ADA requirements;
- Be
informed about open records laws and educate employees on the
requirements of those laws;
- Inform
requestors of the estimated charges greater than $40 and any changes
in the estimates above 20 percent of the original estimate, and
confirm that the requestor accepts the charges, or has amended
the request, in writing before finalizing the request;
- Inform
the requestor if the information cannot be provided promptly and
set a date and time to provide it within a reasonable time;
- Request
a ruling from the Office of the Attorney General regarding any
information the governmental body wishes to withhold, and send
a copy of the request for ruling, or a redacted copy, to the requestor;
- Segregate
public information from information that may be withheld and provide
that public information promptly;
- Make
a good faith attempt to inform third parties when their proprietary
information is being requested from the governmental body;
- Respond
in writing to all written communications from the General Services
Commission regarding charges for the information. Respond to the
Office of the Attorney General regarding complaints about violations
of the Act.
Procedures
to Obtain Information
- You
may review it promptly, and if it cannot be produced within
10 working days the public information officer will notify you
in writing of the reasonable date and time when it will be available.
- Keep
all appointments to inspect records and to pick up copies. Failure
to keep appointments may result in losing the opportunity to
inspect the information at the time requested.
B.
Cost of Records
- You
must respond to any written estimate of charges within 10 days
of the date the governmental body sent it or the request is
considered automatically withdrawn.
- If
estimated costs exceed $100.00 (or $50.00 if a governmental
body has fewer than 16 full time employees) the governmental
body may require a bond, prepayment or deposit.
- You
may ask the governmental body to determine whether providing
the information primarily benefits the general public, resulting
in a waiver or reduction of charges.
- Make
a timely payment for all mutually agreed charges. A governmental
body can demand payment of overdue balances exceeding $100.00,
or obtain a security deposit, before processing additional requests
from you.
C.
Information that may be withheld due to an exception
- By
the 10th business day after a governmental body receives your
written request, a governmental body must:
- request
an Attorney General opinion and state which exceptions apply;
- notify
the requestor of the referral to the Attorney General; and
- notify
third parties if the request involves their proprietary
information.
- Failure
to request an Attorney General opinion and notify the requestor
within 10 business days will result in a presumption that the
information is open unless there is a compelling reason to withhold
it.
- Requestors
may send a letter to the Attorney General arguing for release,
and may review arguments made by the governmental body. If the
arguments disclose the requested information, the requestor
may obtain a redacted copy.
- The
Attorney General must issue a decision no later than the 45th
working day from the day after the attorney general received
the request for a decision. The attorney general may request
an additional 10 working day extension.
- Governmental
bodies may not ask the Attorney General to "reconsider"
an opinion.
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