X. Public Information Act Distinguished from Certain Other Statutes

A. Authority of the Attorney General To Issue Attorney General Opinions
B. Texas Open Meetings Act
C. Discovery Proceedings

X. Public Information Act Distinguished from Certain Other Statutes

A. Authority of the Attorney General to Issue Attorney General Opinions

The attorney general has authority pursuant to article IV, section 22, of the Texas Constitution and sections 402.041 through 402.045 of the Government Code to issue legal opinions to certain public officers. These officers are identified in sections 402.042 and 402.043 of the Government Code. The attorney general may not give legal advice or a written opinion to any other person. ⁽²⁶⁰⁾

On the other hand, the Public Information Act requires a governmental body to request a ruling from the attorney general if it receives a written request for records that it believes to be within an exception set out in subchapter C of the Act, sections 552.101 through 552.1425, and there has not been a previous determination about whether the information falls within the exception. ⁽²⁶¹⁾ Thus, all governmental bodies have a duty to request a ruling from the attorney general under the circumstances set out in section 552.301. A much smaller group of public officers has discretionary authority to request attorney general opinions pursuant to chapter 402 of the Government Code. A school district, for example, is a governmental body that must request open records rulings as required by section 552.301 of the Public Information Act, but has no authority to seek legal advice on other matters from the attorney general. ⁽²⁶²⁾

Additionally, the Public Information Act gives the attorney general the authority to issue written decisions and opinions in order to maintain uniformity in the application, operation and interpretation of the Act. ⁽²⁶³⁾

B. Texas Open Meetings Act

The Public Information Act, Government Code chapter 552, and the Open Meetings Act, Government Code chapter 551, both serve the purpose of opening government to the people. However, they operate differently, and each has a different set of exceptions. The exceptions in the Public Information Act do not furnish a basis for holding executive session meetings to discuss confidential records. ⁽²⁶⁴⁾ Nor does the mere fact that a document was discussed in an executive session make it confidential under the Public Information Act. ⁽²⁶⁵⁾ Since the Open Meetings Act has no provision comparable to section 552.301 of the Public Information Act, the attorney general may address questions about the Open Meetings Act only when such questions are submitted by a public officer with authority to request attorney general opinions pursuant to chapter 402 of the Government Code. (A companion volume to this handbook, the Open Meetings Handbook, is also available from the Office of the Attorney General.)

C. Discovery Proceedings

The Public Information Act differs in purpose from statutes and procedural rules providing for discovery of documents in administrative and judicial proceedings. ⁽²⁶⁶⁾ The Act's exceptions to required public disclosure do not create privileges from discovery of documents in administrative or judicial proceedings. ⁽²⁶⁷⁾ Furthermore, information that might be privileged from discovery is not necessarily protected from required public disclosure under the Act. ⁽²⁶⁸⁾

Endnotes