Open Records Policy
The Texas Open Records Act of 1973 was enacted to meet the public need for “complete information about the affairs of government and the official acts of public officials and employees.” Although it is now called "the Texas Public Information Act", this Act makes public, with few exceptions, any document that is collected assembled or maintained by a governmental body. This includes a governmental body's written procedures along with opinions, orders and statements of policy of that agency, that effect the public. The public can use this Act to request information from any governmental agency. The following are frequently asked questions regarding public information.
What is an open records request?
An open records request is a request for public information contained in the files or records of a Texas governmental entity, such as the Texas Residential Construction Commission (the commission). Agency records are available to the public pursuant to Chapter 552 of the Texas Government Code, commonly known as the “Open Records Act” or the "Public information Act."
An open records or public information request must be made for inspection or copies of existing records, documents or files. State agencies are not required to generate new documents in order to respond to a request.
What is public information?
Public information is any information collected, assembled, or maintained under a law or in connection with the transaction of official business by a state agency or governmental body.
How do I request public information?
To request public information from the commission, the request must be made in writing, and must be mailed, hand-delivered, faxed, or e-mailed as follows:
Open Records Request
Texas Residential Construction Commission
311 E. 14th St., Suite 200
P.O. Box 13509
Austin, Texas 78711-3509
512-463-9507 (fax) or
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What should be included in the request?
Complete contact information is a must, so please be sure to include your name, address, and telephone number. This additional information is particularly important if you submit an e-mail request. Describe the documents that you desire with as much detail as possible. If you don't know exactly what documents you want describe the information you need as specifically as possible. The commission will determine if corresponding documents exist. If the description is not clear or could possible result in a very large number of documents, the commission will contact the individual or company to determine if the request can be clarified or narrowed. An individual may disclose his or her purpose to the commission if they believe that knowledge will help the commission locate the documents they need, but this disclosure is not requested or required. Law prohibits the commission from asking individuals the purpose of their request.
How long will it take to fill a request?
The commission will respond to a request for documents that are clearly public information as promptly as is reasonably possible, but not later than 10 business days after receipt of the request. Requests for information are responded to in the order received. If the requestor provides a specific deadline for receipt of materials and the commission is able to meet that deadline, it will make every effort to do so.
Is there any information maintained by the commission that cannot be inspected or which cannot be provided to a requestor?
Yes. The commission is prevented from disclosing information that is confidential by law, which may include certain information filed by builders that the file has deemed proprietary. There are other exceptions to the Act, such as private information that employees have elected not to disclose, social security numbers, email addresses and the addresses of homes registered with the commission. Further, the commission may choose not to provide information that has an attorney-client privilege, that is under investigation or that has been developed in anticipation of litigation.
Will personal information that an individual provides to the commission be disclosed?
Generally, an individual’s name, address, telephone number and original written request for public information, as well as any written complaint regarding a specific regulated entity, and the fact that an individual contacted us, is public information that the commission is required to disclose. In attempting to resolve a complaint, the commission may disclose the details of an individual's complaint to another governmental agency, and to the entity that is the subject of the complaint. Although the commission does not generally publish specific individual information regarding complainants, if it is requested, it is subject to disclosure.
What does it cost to receive public information?
The rates used to calculate the cost of responding to open records request are set by the Texas Building and Procurement Commission. There is normally a charge of 10 cents per printed page, plus personnel time if the request exceeds fifty pages and the charge is appropriate, plus 20 percent for overhead, plus postage. The law provides that the commission may waive charges under certain circumstances. It is commission policy to waive charges under $5.
To request a public record collected, assembled, or maintained by the commission, please submit a written request by using one of the following addresses. You must provide contact information, including a mailing address and phone number.
Mailing Address
Open Records Request
Texas Residential Construction Commission
P.O. Box 13509
Austin , Texas 78711-3509
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