The Health Facility Program is within the Division for Regulatory Services.
Health Facility Licensing Reference Center
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Open Records
The Public Information Act
Texas Government Code, Chapter 552 , Public Information, gives you the right to access government records, and an officer for public information and 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.
To view Chapter 552 document download the PDF or Word file here.
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 Office of the Attorney General.
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;
- 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, has amended
the request, or has sent a complaint of overcharges to the Office of
the Attorney General, 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 Office of
the Attorney General regarding charges for the information.
Respond to the Office of the Attorney General regarding complaints
about violations of the Act.
Procedures to Obtain Information About:
Additional Resources for Open Records
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Texas Department of State Health Services, Health Facillity Licensing Program
1100 West 49th Street - Austin, Texas 78756 - (512) 834-6646
Last Updated October 11, 2006 |