The Public Information Act (Government Code, Chapter 552) gives you the right to access government records. With certain exceptions, government information is presumed to be available to the public. Governmental bodies shall promptly release requested information that is not confidential by law (either constitutional, statutory or judicial decision), or for which an exception to disclosure is not applicable.
Include enough description and detail about the information requested to enable the Division to accurately identify and locate the information requested. Please include the following information to help ensure you receive the information you want:
Your name and mailing address;
Your telephone number (so we can contact you directly if we have questions about your request);
A list or description of the specific information of interest to you. The more accurately you identify the information, the less it is likely to cost (and the more responsive and timely we can be to your request);
Whether you want to inspect the information at the Division facilities or want to receive copies.
Step 2: Where do I send my request?
You may send your request by any of the following methods:
By mail to:
Texas Department of Insurance, Division of Workers' Compensation Attn: Open Records Request 7551 Metro Center. Suite 100, MS-3 Austin, Texas 78744-1645
In person at:
Texas Department of Insurance, Division of Workers' Compensation 7551 Metro Center Drive, Suite 100 Austin, Texas 78744-1645
For questions about requesting information, please call (512) 804-4400.
Step 3: Cooperate with the Division's reasonable efforts to clarify the information requested
How much is the cost of records?
The cost of producing the requested data, including copy charges and programming costs, are charged to the requestor.
You have the right to request an estimate of costs prior to completion of request
You must respond in writing to any written estimate of charges within 10 business days of the date the Division sent the estimate and accept the charges, modify the request, or file a complaint regarding the charges, or the request is considered automatically withdrawn.
If estimated costs exceed $100.00 the Division may require a bond, prepayment or deposit.
You may ask the Division to determine whether providing the information primarily benefits the general public, resulting in a waiver or reduction of charges.
The Division can demand payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests from you.
When will I receive my request?
TDI will make every effort to provide you with access to or copies of the requested information within 10 business days. If information responsive to your request cannot be produced in 10 business days, you will be notified in writing of the date and time when the information will be available.
Please keep all appointments to inspect and pick up records. Failure to do so may result in losing the opportunity to inspect records at the time requested.
If requested information cannot be released due to a legal exception, the Division must, by the 10th business day after receipt of the written request:
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.
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, but appeal the opinion to state court.
What are my rights as a requestor?
You have the right to:
Prompt access to information that is not confidential by law or otherwise protected;
Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements; If you need special accommodation pursuant to the Americans With Disabilities Act (ADA), please contact our ADA coordinator, Idalia Cantu at: (512) 804-4435 or at Idalia.Salazar@tdi.state.tx.us.
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 to the Office of the Attorney General about the non-release of public information, or to the Texas Building and Procurement Commission about overcharges.
What are the responsibilities of the government upon my request?
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 give 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, has amended the request, or has sent a complaint of overcharges to the Texas Building and Procurement Commission, 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.
How do I file a complaint?
If you have not received the records you requested or a letter acknowledging your request within 10 working days, please contact the Texas Department of Insurance, Division of Workers' Compensation to resolve any disputes at:
Texas Department of Insurance, Division of Workers' Compensation 7551 Metro Center Drive Suite 100, MS-3 Austin, Texas 78744-1645
For complaints regarding the release of public information, please contact your local County or District Attorney.
In Travis County contact: Travis District Attorney P.O. Box 1748 Austin, Texas 78767 (512) 854 - 9400
You may also contact the office of the Attorney General at: Open Records Hotline: (512) 478 - 6736 Toll-free: 1-877-673-6839
For complaints regarding suspected overcharges, please contact: Texas Building and Procurement Commission: (512) 475 - 2497
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