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The Public Information Act
exas
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:
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Prompt access to
information that is not confidential or otherwise protected;
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Receive
treatment equal to all other requestors, including accommodation in
accordance with the Americans with Disabilities Act (ADA) requirements;
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Receive certain kinds
of information without exceptions, like the voting record of public
officials, and other information;
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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;
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Choose whether to
inspect the requested information (most often at no charge), receive
copies of the information or both;
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A waiver
or reduction of charges if the governmental body determines that access to
the information primarily benefits the general public;
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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;
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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:
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Establish reasonable
procedures for inspecting or copying public information and inform
requestors of these procedures;
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Treat all
requestors uniformly and shall give to the requestor all reasonable
comfort and facility, including accommodation in accordance with ADA
requirements;
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Be informed about open
records laws and educate employees on the requirements of those laws;
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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;
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Inform the requestor if
the information cannot be provided promptly and set a date and time to
provide it within a reasonable time;
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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;
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Segregate
public information from information that may be withheld and provide that
public information promptly;
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Make a good faith
attempt to inform third parties when their proprietary information
is being requested from the governmental body;
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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
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Submit a request by
mail, fax, email or in person according to a governmental body's
reasonable procedures.
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Include
enough description and detail about the information requested to enable
the governmental body to accurately identify and locate the information
requested.
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Cooperate
with the governmental body's reasonable efforts to clarify the type or
amount of information requested.
A.
Information to be released
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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.
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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
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You must
respond to any written estimate of charges within 10 business days of the
date the governmental body sent it or the request is considered
automatically withdrawn.
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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.
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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.
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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
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.
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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.
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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.
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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.
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Governmental bodies
may not ask the Attorney General to "reconsider" an opinion.
To
request information from this governmental body, please contact:
You may
send your request
By mail
to: Texas State Board of Pharmacy
333 Guadalupe, Suite 3-600
Austin, TX 78701
By
e-mail to: openrec@tsbp.state.tx.us
By fax
to: (512) 305-8008
In
person at: Texas State Board of Pharmacy
333 Guadalupe, Suite 3-600
Austin, TX 78701
For
complaints regarding failure to release public information please contact
your local County or District Attorney. Please ask and you will be provided
with this information.
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You may also
contact the Office of the Attorney General, Open Government
Hotline, at 478-6736 or toll-free at 1-877-673-6839.
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For complaints
regarding overcharges, please contact the Office of the Attorney
General's Cost Rules Administrator at 512-475-2497.
If you need special accommodation pursuant to the Americans
With Disabilities Act (ADA), please contact our ADA coordinator, Cathy
Stella, Director of Administrative Services and Licensing at (512) 305-8013. |
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