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.
SORM - The Public Information
Act
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 Texas Building and Procurement 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 Texas
Building and Procurement 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
- Submit a request by mail, fax, email or in person according
to a governmental body's reasonable procedures.
- Include enough description and detail about the information
requested to enable the governmental body to accurately identify
and locate the information requested.
- Cooperate with the governmental body's reasonable efforts to
clarify the type or amount of information requested.
A. Information to be released
- 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.
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.
B. 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.
- To request information from this governmental body, please contact:
Karen Klaus
General Counsel Division
State Office of Risk Management
P.O. Box 13777
Austin, TX 78711-2548
By E-mail to: Karen.Klaus@sorm.state.tx.us
By fax to: 512-370-9168
In person at: 300 W, 15th Street, 6th Floor
Austin, TX 78701
For complaints regarding failure to release public information
please contact your local County or District Attorney. We may assist
you in obtaining this information at your request.
You may also contact the Office of the Attorney General, Open Records
Hotline, at 512-478-6736 or toll-free at 1-877-673-6839.
For complaints regarding overcharges, please contact the Office of the Attorney General's Cost Rules Administrator at 512-475-2497. |