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The Public Information Act
Texas law gives you the right to access government records and
government officials 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 or information for which an
exception to disclosure has 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 ADA requirements;
- Receive certain kinds of information without exceptions, like
the voting record of public officials or information related to the
receipt, expenditure or estimated need for public funds, and other
items;
- Receive a statement of estimated charges, when charges exceed
$40, in advance of work being started and opportunity to
renegotiate the request if charges are too high;
- 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;
- Notice when the governmental body asks the Office of the
Attorney General for a ruling on whether the information can be
withheld under one of the accepted exceptions;
- Lodge a complaint about charges for public records with the
General Services Commission and a complaint related to other
possible violations with the county attorney, criminal district
attorney, or 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 and copying
public information and inform requestors of these procedures;
- Treat all requestors equally, 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, and confirm that the requestor agrees
in writing to pay the costs before finalizing the request;
- Inform the requestor if the information cannot be provided
promptly and establish a date and time to provide it within a
reasonable time;
- Ask for a ruling from the Office of the Attorney General
regarding any information to be withheld, and inform the requestor
of this request for ruling;
- Segregate public information from information that might be
withheld and provide that public information promptly;
- Inform third parties if their proprietary information is being
requested from the governmental body;
- Respond in writing to all written communications from the
General Services Commission or the Office of the Attorney General
regarding complaints about violations of the Act.
Procedures to Obtain Information
- Submit a written request (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 items 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 appointments to inspect records or pick up copies or risk
losing the opportunity to see the information.
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 may
be deemed 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 you file your request, a
governmental body must:
1. request an Attorney General opinion and state which
exceptions apply;
2. notify the requestor of the referral to the Attorney General;
and
3. notify third parties if the request involves their
proprietary information.
- Failure to request an AG 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.
- The Attorney General must issue an opinion by the 65th working
day from the day you made the request.
- Governmental bodies must release information determined by the
Attorney General to be open or file suit within 30 calendar days,
and they may not ask the Attorney General to "reconsider" an
opinion.
To request information from this governmental body, please
contact:
Custodian of Public Records
Texas Department of Information Resources
You may send your request
By mail to: P.O. Box 13564, Austin, TX 78711
By e-mail to:
dirinfo@dir.state.tx.us
By fax to: 512-475-4759
In person at: 300 W. 15th Street, Suite 1300, Austin,
Texas
For complaints regarding failure to release public information,
please contact your local County or District Attorney at
512-473-9415 or 512-473-9400 (Travis County).
- 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
General Services Commission at 512-475-2497.
If you need special accommodation pursuant to the Americans With
Disabilities Act (ADA), please contact our ADA Coordinator, Ivan Smith, at 512-475-2104.
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