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PART THREE: Text of the Texas Public Information Act
Government Code Chapter 552
Government Code Chapter 552.
Public Information
SUBCHAPTER A. GENERAL PROVISIONS
§ 552.001. Policy; Construction
- (a) Under the fundamental philosophy of the American constitutional form of representative
government that adheres to the principle that government is the servant and not the
master of the people, it is the policy of this state that each person is entitled, unless
otherwise expressly provided by law, at all times to complete information about the
affairs of government and the official acts of public officials and employees. The
people, in delegating authority, do not give their public servants the right to decide what
is good for the people to know and what is not good for them to know. The people
insist on remaining informed so that they may retain control over the instruments they
have created. The provisions of this chapter shall be liberally construed to implement
this policy.
(b) This chapter shall be liberally construed in favor of granting a request for information.
§ 552.002. Definition of Public Information; Media Containing Public Information
- (a) In this chapter, "public information" means information that is collected, assembled, or
maintained under a law or ordinance or in connection with the transaction of official
business:
- (1) by a governmental body; or
(2) for a governmental body and the governmental body owns the information or has a right of access to it.
- (1) paper;
(2) film;
(3) a magnetic, optical, or solid state device that can store an electronic signal;
(4) tape;
(5) Mylar;
(6) linen;
(7) silk; and
(8) vellum.
§ 552.003. Definitions
In this chapter:
- (1) "Governmental body":
- (A) means:
- (i) a board, commission, department, committee, institution, agency, or office
that is within or is created by the executive or legislative branch of state
government and that is directed by one or more elected or appointed
members;
(ii) a county commissioners court in the state;
(iii) a municipal governing body in the state;
(iv) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality;
(v) a school district board of trustees;
(vi) a county board of school trustees;
(vii) a county board of education;
(viii) the governing board of a special district;
(xi) the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code;
(x) a local workforce development board created under Section 2308.253;
(xi) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; and
(xii) the part, section, or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds; and
(B) does not include the judiciary.
- (2) "Manipulation" means the process of modifying, reordering, or decoding of information
with human intervention.
(3) "Processing" means the execution of a sequence of coded instructions by a computer producing a result.
(4) "Programming" means the process of producing a sequence of coded instructions that can be executed by a computer.
(5) "Public funds" means funds of the state or of a governmental subdivision of the state.
(6) "Requestor" means a person who submits a request to a governmental body for inspection or copies of public information.
§ 552.0035. Access to Information of Judiciary
- (a) Access to information collected, assembled, or maintained by or for the judiciary is
governed by rules adopted by the Supreme Court of Texas or by other applicable laws
and rules.
(b) This section does not address whether information is considered to be information collected, assembled, or maintained by or for the judiciary.
§ 552.0036. Certain Property Owners' Associations Subject to Law
A property owners' association is subject to this chapter in the same manner as a governmental body if:
- (1) membership in the property owners' association is mandatory for owners or for
a defined class of owners of private real property in a defined geographic area in
a county with a population of 2.8 million or more or in a county adjacent to a
county with a population of 2.8 million or more;
(2) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and
(3) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution.
§ 552.004. Preservation of Information
A governmental body or, for information of an elective county office, the elected county officer, may determine a time for which information that is not currently in use will be preserved, subject to any applicable rule or law governing the destruction and other disposition of state and local government records or public information.
§ 552.005. Effect of Chapter on Scope of Civil Discovery
- (a) This chapter does not affect the scope of civil discovery under the Texas Rules of Civil
Procedure.
(b) Exceptions from disclosure under this chapter do not create new privileges from discovery.
§ 552.0055. Subpoena Duces Tecum or Discovery Request
A subpoena duces tecum or a request for discovery that is issued in compliance with a statute or a rule of civil or criminal procedure is not considered to be a request for information under this chapter.
§ 552.006. Effect of Chapter on Withholding Public Information
This chapter does not authorize the withholding of public information or limit the availability of public information to the public, except as expressly provided by this chapter.
§ 552.007. Voluntary Disclosure of Certain Information When Disclosure Not Required
- (a) This chapter does not prohibit a governmental body or its officer for public information
from voluntarily making part or all of its information available to the public, unless the
disclosure is expressly prohibited by law or the information is confidential under law.
(b) Public information made available under Subsection (a) must be made available to any person.
§ 552.008. Information for Legislative Purposes
- (a) This chapter does not grant authority to withhold information from individual members,
agencies, or committees of the legislature to use for legislative purposes.
(b) A governmental body on request by an individual member, agency, or committee of the legislature shall provide public information, including confidential information, to the requesting member, agency, or committee for inspection or duplication in accordance with this chapter if the requesting member, agency or committee states that the public information is requested under this chapter for legislative purposes. A governmental body, by providing public information under this section that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future. The governmental body may require the requesting individual member of the legislature, the requesting legislative agency or committee, or the members or employees of the requesting entity who will view or handle information that is received under this section and that is confidential under law to sign a confidentiality agreement that covers the information and requires that:
- (1) the information not be disclosed outside the requesting entity, or within the
requesting entity for purposes other than the purpose for which it was received;
(2) the information be labeled as confidential;
(3) the information be kept securely; or
(4) the number of copies made of the information or the notes taken from the information that implicate the confidential nature of the information be controlled, with all copies or notes that are not destroyed or returned to the governmental body remaining confidential and subject to the confidentiality agreement.
- (1) the right of an individual member, agency, or committee of the legislature to
obtain information from a governmental body under other law, including under the
rules of either house of the legislature;
(2) the procedures under which the information is obtained under other law; or
(3) the use that may be made of the information obtained under other law.
§ 552.009. Open Records Steering Committee: Advice to Commission; Electronic Availability of Public Information
- (a) The open records steering committee is composed of:
- (1) a representative of each of the following, appointed by its governing entity:
- (A) the attorney general's office;
(B) the comptroller's office;
(C) the Department of Public Safety;
(D) the Department of Information Resources;
(E) the Texas State Library and Archives Commission; and
(F) the General Services Commission; (686)
(3) a representative of each of the following types of local governments, appointed by the General Services Commission:
- (A) a municipality;
(B) a county; and
(C) a school district.
(c) The committee shall advise the General Services Commission regarding the commission's performance of its duties under this chapter.
(d) The members of the committee who represent state governmental bodies and the public members of the committee shall periodically study and determine the types of public information for which it would be useful to the public or cost-effective for the government if the type of information were made available by state governmental bodies by means of the Internet or another electronic format. The committee shall report its findings and recommendations to the governor, the presiding officer of each house of the legislature, and the budget committee and state affairs committee of each house of the legislature.
(e) Chapter 2110 does not apply to the size, composition, or duration of the committee. Chapter 2110 applies to the reimbursement of a public member's expenses related to service on the committee. Any reimbursement of the expenses of a member who represents a state or local governmental body may be paid only from funds available to the state or local governmental body the member represents.
§ 552.010. State Governmental Bodies: Fiscal and Other Information Relating to Making Information Accessible
- (a) Each state governmental body shall report to the Texas Building and Procurement
Commission the information the commission requires regarding:
- (1) the number and nature of requests for information the state governmental body
processes under this chapter in the period covered by the report; and
(2) the cost to the state governmental body in that period in terms of capital expenditures and personnel time of:
- (A) responding to requests for information under this chapter; and
(B) making information available to the public by means of the Internet or another electronic format.
- (1) minimizes the reporting burden on state governmental bodies; and
(2) allows the legislature and state governmental bodies to estimate the extent to which it is cost-effective for state government, and if possible the extent to which it is cost-effective or useful for members of the public, to make information available to the public by means of the Internet or another electronic format as a supplement or alternative to publicizing the information only in other ways or making the information available only in response to requests made under this chapter.
§ 552.011. Uniformity
The attorney general shall maintain uniformity in the application, operation, and interpretation of this chapter. To perform this duty, the attorney general may prepare, distribute, and publish any materials, including detailed and comprehensive written decisions and opinions, that relate to or are based on this chapter.
SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION
§ 552.021. Availability of Public Information
Public information is available to the public at a minimum during the normal business hours of the governmental body.
§ 552.022. Categories of Public Information; Examples
- (a) Without limiting the amount or kind of information that is public information under this
chapter, the following categories of information are public information and not excepted
from required disclosure under this chapter unless they are expressly confidential under
other law:
- (1) a completed report, audit, evaluation, or investigation made of, for, or by a
governmental body, except as provided by Section 552.108;
(2) the name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of a governmental body;
(3) information in an account, voucher, or contract relating to the receipt or expenditure of public or other funds by a governmental body;
(4) the name of each official and the final record of voting on all proceedings in a governmental body;
(5) all working papers, research material, and information used to estimate the need for or expenditure of public funds or taxes by a governmental body, on completion of the estimate;
(6) the name, place of business, and the name of the municipality to which local sales and use taxes are credited, if any, for the named person, of a person reporting or paying sales and use taxes under Chapter 151, Tax Code;
(7) a description of an agency's central and field organizations, including:
- (A) the established places at which the public may obtain information, submit
information or requests, or obtain decisions;
(B) the employees from whom the public may obtain information, submit information or requests, or obtain decisions;
(C) in the case of a uniformed service, the members from whom the public may obtain information, submit information or requests, or obtain decisions; and
(D) the methods by which the public may obtain information, submit information or requests, or obtain decisions;
(9) a rule of procedure, a description of forms available or the places at which forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations;
(10) a substantive rule of general applicability adopted or issued by an agency as authorized by law, and a statement of general policy or interpretation of general applicability formulated and adopted by an agency;
(11) each amendment, revision, or repeal of information described by Subdivisions (7)-(10);
(12) final opinions, including concurring and dissenting opinions, and orders issued in the adjudication of cases;
(13) a policy statement or interpretation that has been adopted or issued by an agency;
(14) administrative staff manuals and instructions to staff that affect a member of the public;
(15) information regarded as open to the public under an agency's policies;
(16) information that is in a bill for attorney's fees and that is not privileged under the attorney-client privilege;
(17) information that is also contained in a public court record; and
(18) a settlement agreement to which a governmental body is a party.
§ 552.023. Special Right of Access to Confidential Information
- (a) A person or a person's authorized representative has a special right of access, beyond
the right of the general public, to information held by a governmental body that relates
to the person and that is protected from public disclosure by laws intended to protect
that person's privacy interests.
(b) A governmental body may not deny access to information to the person, or the person's representative, to whom the information relates on the grounds that the information is considered confidential by privacy principles under this chapter but may assert as grounds for denial of access other provisions of this chapter or other law that are not intended to protect the person's privacy interests.
(c) A release of information under Subsections (a) and (b) is not an offense under Section 552.352.
(d) A person who receives information under this section may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release the information was obtained.
(e) Access to information under this section shall be provided in the manner prescribed by Sections 552.229 and 552.307.
§ 552.024. Electing to Disclose Address and Telephone Number
- (a) Each employee or official of a governmental body and each former employee or official
of a governmental body shall choose whether to allow public access to the information
in the custody of the governmental body that relates to the person's home address, home
telephone number, or social security number, or that reveals whether the person has
family members.
(b) Each employee and official and each former employee and official shall state that person's choice under Subsection (a) to the main personnel officer of the governmental body in a signed writing not later than the 14th day after the date on which:
- (1) the employee begins employment with the governmental body;
(2) the official is elected or appointed; or
(3) the former employee or official ends service with the governmental body.
(d) If an employee or official or a former employee or official fails to state the person's choice within the period established by this section, the information is subject to public access.
(e) An employee or official or former employee or official of a governmental body who wishes to close or open public access to the information may request in writing that the main personnel officer of the governmental body close or open access.
(f) This section does not apply to a person to whom Section 552.1175 applies.
§ 552.025. Tax Rulings and Opinions
- (a) A governmental body with taxing authority that issues a written determination letter,
technical advice memorandum, or ruling that concerns a tax matter shall index the letter,
memorandum, or ruling by subject matter.
(b) On request, the governmental body shall make the index prepared under Subsection (a) and the document itself available to the public, subject to the provisions of this chapter.
(c) Subchapter C does not authorize withholding from the public or limiting the availability to the public of a written determination letter, technical advice memorandum, or ruling that concerns a tax matter and that is issued by a governmental body with taxing authority.
§ 552.026. Education Records
This chapter does not require the release of information contained in education records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.
§ 552.027. Exception: Information Available Commercially; Resource Material
- (a) A governmental body is not required under this chapter to allow the inspection of or to
provide a copy of information in a commercial book or publication purchased or
acquired by the governmental body for research purposes if the book or publication is
commercially available to the public.
(b) Although information in a book or publication may be made available to the public as a resource material, such as a library book, a governmental body is not required to make a copy of the information in response to a request for public information.
(c) A governmental body shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of a governmental body.
§552.028. Request for Information From Incarcerated Individual
- (a) A governmental body is not required to accept or comply with a request for information
from:
- (1) an individual who is imprisoned or confined in a correctional facility; or
(2) an agent of that individual, other than that individual's attorney when the attorney is requesting information that is subject to disclosure under this chapter.
(c) In this section, "correctional facility" means: (1) a secure correctional facility, as defined by Section 1.07, Penal Code; (2) a secure correctional facility and a secure detention facility, as defined by Section 51.02, Family Code; and (3) a place designated by the law of this state, another state, or the federal government for the confinement of a person arrested for, charged with, or convicted of a criminal offense.
§ 552.029. Right of Access to Certain Information Relating to Inmate of Department of Criminal Justice
Notwithstanding Section 508.313 or 552.134, the following information about an inmate who is confined in a facility operated by or under a contract with the Texas Department of Criminal Justice is subject to required disclosure under Section 552.021:
- (1) the inmate's name, identification number, age, birthplace, physical description, or
general state of health or the nature of an injury to or critical illness suffered by the
inmate;
(2) the inmate's assigned unit or the date on which the unit received the inmate, unless disclosure of the information would violate federal law relating to the confidentiality of substance abuse treatment;
(3) the offense for which the inmate was convicted or the judgment and sentence for that offense;
(4) the county and court in which the inmate was convicted;
(5) the inmate's earliest or latest possible release dates;
(6) the inmate's parole date or earliest possible parole date;
(7) any prior confinement of the inmate by the Texas Department of Criminal Justice or its predecessor; or
(8) basic information regarding the death of an inmate in custody, an incident involving the use of force, or an alleged crime involving the inmate.
SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
§ 552.101. Exception: Confidential Information
Information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.
§ 552.102. Exception: Personnel Information
- (a) Information is excepted from the requirements of Section 552.021 if it is information
in a personnel file, the disclosure of which would constitute a clearly unwarranted
invasion of personal privacy, except that all information in the personnel file of an
employee of a governmental body is to be made available to that employee or the
employee's designated representative as public information is made available under this
chapter. The exception to public disclosure created by this subsection is in addition to
any exception created by Section 552.024. Public access to personnel information
covered by Section 552.024 is denied to the extent provided by that section.
(b) Information is excepted from the requirements of Section 552.021 if it is a transcript from an institution of higher education maintained in the personnel file of a professional public school employee, except that this section does not exempt from disclosure the degree obtained or the curriculum on a transcript in the personnel file of the employee.
§ 552.103. Exception: Litigation or Settlement Negotiations Involving the State or a Political Subdivision
- (a) Information is excepted from the requirements of Section 552.021 if it is information
relating to litigation of a civil or criminal nature to which the state or a political
subdivision is or may be a party or to which an officer or employee of the state or a
political subdivision, as a consequence of the person's office or employment, is or may
be a party.
(b) For purposes of this section, the state or a political subdivision is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired or until the defendant has exhausted all appellate and postconviction remedies in state and federal court.
(c) Information relating to litigation involving a governmental body or an officer or employee of a governmental body is excepted from disclosure under Subsection (a) only if the litigation is pending or reasonably anticipated on the date that the requestor applies to the officer for public information for access to or duplication of the information.
§ 552.104. Exception: Information Related to Competition or Bidding
- (a) Information is excepted from the requirements of Section 552.021 if it is information
that, if released, would give advantage to a competitor or bidder.
(b) The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.
§ 552.105. Exception: Information Related to Location or Price of Property
Information is excepted from the requirements of Section 552.021 if it is information relating to:
- (1) the location of real or personal property for a public purpose prior to public
announcement of the project; or
(2) appraisals or purchase price of real or personal property for a public purpose prior to the formal award of contracts for the property.
§ 552.106. Exception: Certain Legislative Documents
- (a) A draft or working paper involved in the preparation of proposed legislation is excepted
from the requirements of Section 552.021.
(b) An internal bill analysis or working paper prepared by the governor's office for the purpose of evaluating proposed legislation is excepted from the requirements of Section 552.021.
§ 552.107. Exception: Certain Legal Matters
Information is excepted from the requirements of Section 552.021 if:
- (1) it is information that the attorney general or an attorney of a political subdivision is
prohibited from disclosing because of a duty to the client under the Texas Rules of Civil
Evidence, the Texas Rules of Criminal Evidence, or the Texas Disciplinary Rules of
Professional Conduct; or
(2) a court by order has prohibited disclosure of the information.
§ 552.108. Exception: Certain Law Enforcement and Prosecutorial Information
- (a) Information held by a law enforcement agency or prosecutor that deals with the
detection, investigation, or prosecution of crime is excepted from the requirements of
Section 552.021 if:
- (1) release of the information would interfere with the detection, investigation, or
prosecution of crime;
(2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;
(3) it is information relating to a threat against a peace officer collected or disseminated under Section 411.048; or
(4) it is information that:
- (A) is prepared by an attorney representing the state in anticipation of or in the
course of preparing for criminal litigation; or
(B) reflects the mental impressions or legal reasoning of an attorney representing the state.
- (1) release of the internal record or notation would interfere with law enforcement or
prosecution;
(2) the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or
(3) the internal record or notation:
- (A) is prepared by an attorney representing the state in anticipation of or in the
course of preparing for criminal litigation; or
(B) reflects the mental impressions or legal reasoning of an attorney representing the state.
§ 552.109. Exception: Certain Private Communications of an Elected Office Holder
Private correspondence or communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy are excepted from the requirements of Section 552.021.
§ 552.110. Exception: Trade Secrets; Certain Commercial or Financial Information
- (a) A trade secret obtained from a person and privileged or confidential by statute or
judicial decision is excepted from the requirements of Section 552.021.
(b) Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from the requirements of Section 552.021.
§ 552.111. Exception: Agency Memoranda
An interagency or intraagency memorandum or letter that would not be available by law to a party in litigation with the agency is excepted from the requirements of Section 552.021.
§ 552.112. Exception: Certain Information Relating to Regulation of Financial Institutions or Securities
- (a) Information is excepted from the requirements of Section 552.021 if it is information
contained in or relating to examination, operating, or condition reports prepared by or
for an agency responsible for the regulation or supervision of financial institutions or
securities, or both.
(b) In this section, "securities" has the meaning assigned by The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes).
(c) Information is excepted from the requirements of Section 552.021 if it is information submitted by an individual or other entity to the Texas Legislative Council, or to any state agency or department overseen by the Finance Commission of Texas and the information has been or will be sent to the Texas Legislative Council, for the purpose of performing a statistical or demographic analysis of information subject to Section 323.020. However, this subsection does not except from the requirements of Section 552.021 information that does not identify or tend to identify an individual or other entity and that is subject to required public disclosure under Section 323.020(e).
§ 552.113. Exception: Geological or Geophysical Information
- (a) Information is excepted from the requirements of Section 552.021 if it is:
- (1) an electric log confidential under Subchapter M, Chapter 91, Natural Resources
Code;
(2) geological or geophysical information or data, including maps concerning wells, except information filed in connection with an application or proceeding before an agency; or
(3) confidential under Subsections (c) through (f).
(c) In this section:
- (1) "Confidential material" includes all well logs, geological, geophysical,
geochemical, and other similar data, including maps and other interpretations of
the material filed in the General Land Office:
- (A) in connection with any administrative application or proceeding before the
land commissioner, the school land board, any board for lease, or the
commissioner's or board's staff; or
(B) in compliance with the requirements of any law, rule, lease, or agreement.
(3) "Administrative applications" and "administrative proceedings" include applications for pooling or unitization, review of shut-in royalty payments, review of leases or other agreements to determine their validity, review of any plan of operations, review of the obligation to drill offset wells, or an application to pay compensatory royalty.
- (1) five years from the filing date of the confidential material; or
(2) one year from the expiration, termination, or forfeiture of the lease in connection with which the confidential material was filed.
(f) The following are public information:
- (1) basic electric logs filed in the General Land Office before September 1, 1985; and
(2) confidential material, except basic electric logs, filed in the General Land Office before September 1, 1985, provided, that Subsection (d) governs the disclosure of that confidential material filed in connection with a lease that is a valid and subsisting lease on September 1, 1995.
(h) Notwithstanding the confidential nature of the material described in this section, the material may be used by the General Land Office in the enforcement, by administrative proceeding or litigation, of the laws governing the sale and lease of public lands and minerals, the regulations of the land office, the school land board, or of any board for lease, or the terms of any lease, pooling or unitization agreement, or any other agreement or grant.
(i) An administrative hearings officer may order that confidential material introduced in an administrative proceeding remain confidential until the proceeding is finally concluded, or for the period provided in Subsection (d), whichever is later.
(j) Confidential material examined by an administrative hearings officer during the course of an administrative proceeding for the purpose of determining its admissibility as evidence shall not be considered to have been filed in the General Land Office to the extent that the confidential material is not introduced into evidence at the proceeding.
(k) This section does not prevent a person from asserting that any confidential material is exempt from disclosure as a trade secret or commercial information under Section 552.110 or under any other basis permitted by law.
§ 552.114. Exception: Student Records
- (a) Information is excepted from the requirements of Section 552.021 if it is information
in a student record at an educational institution funded wholly or partly by state revenue.
(b) A record under Subsection (a) shall be made available on the request of:
- (1) educational institution personnel;
(2) the student involved or the student's parent, legal guardian, or spouse; or
(3) a person conducting a child abuse investigation required by Subchapter D, Chapter 261, Family Code.
§ 552.115. Exception: Birth and Death Records
- (a) A birth or death record maintained by the bureau of vital statistics of the Texas
Department of Health or a local registration official is excepted from the requirements
of Section 552.021, except that:
- (1) a birth record is public information and available to the public on and after the
75th anniversary of the date of birth as shown on the record filed with the bureau
of vital statistics or local registration official;
(2) a death record is public information and available to the public on and after the 25th anniversary of the date of death as shown on the record filed with the bureau of vital statistics or local registration official;
(3) a general birth index or a general death index established or maintained by the bureau of vital statistics or a local registration official is public information and available to the public to the extent the index relates to a birth record or death record that is public information and available to the public under Subdivision (1) or (2);
(4) a summary birth index or a summary death index prepared or maintained by the bureau of vital statistics or a local registration official is public information and available to the public; and
(5) a birth or death record is available to the chief executive officer of a home-rule municipality or the officer's designee if:
- (A) the record is used only to identify a property owner or other person to whom
the municipality is required to give notice when enforcing a state statute or
an ordinance;
(B) the municipality has exercised due diligence in the manner described by Section 54.035(e), Local Government Code, to identify the person; and
(C) the officer or designee signs a confidentiality agreement that requires that:
- (i) the information not be disclosed outside the office of the officer or
designee, or within the office for a purpose other than the purpose
described by Paragraph (A);
(ii) the information be labeled as confidential;
(iii) the information be kept securely; and
(iv) the number of copies made of the information or the notes taken from the information that implicate the confidential nature of the information be controlled, with all copies or notes that are not destroyed or returned remaining confidential and subject to the confidentiality agreement.
- (1) the fact of an adoption or paternity determination can be revealed by the index; or
(2) the index contains specific identifying information relating to the parents of a child who is the subject of an adoption placement.
(d) For the purposes of fulfilling the terms of the agreement in Subsection (c), the Genealogical Society of Utah shall have access to birth records on and after the 50th anniversary of the date of birth as shown on the record filed with the bureau of vital statistics or local registration official, but such birth records shall not be made available to the public until the 75th anniversary of the date of birth as shown on the record.
§ 552.116. Exception: Audit Working Papers
- (a) An audit working paper of an audit of the state auditor or the auditor of a state agency,
an institution of higher education as defined by Section 61.003, Education Code, a
county, or a municipality is excepted from the requirements of Section 552.021. If
information in an audit working paper is also maintained in another record, that other
record is not excepted from the requirements of Section 552.021 by this section.
(b) In this section:
- (1) "Audit" means an audit authorized or required by a statute of this state or the
United States and includes an investigation.
(2) "Audit working paper" includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including:
- (A) intra-agency and interagency communications; and
(B) drafts of the audit report or portions of those drafts.
§ 552.117. Exception: Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information
- (a) Information is excepted from the requirements of Section 552.021 if it is information
that relates to the home address, home telephone number, or social security number of
the following person or that reveals whether the person has family members:
- (1) a current or former official or employee of a governmental body, except as
otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section 552.024 or 552.1175; or
(5) a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable.
§ 552.1175. Confidentiality of Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information of Peace Officers, County Jailers, Security Officers, and Employees of Texas Department of Criminal Justice
- (a) This section applies only to:
- (1) peace officers as defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department in function of the department; and
(4) commissioned security officers as defined by Section 1702.002, Occupations Code.
- (1) chooses to restrict public access to the information; and
(2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.
(d) This section does not apply to information in the tax appraisal records of an appraisal district to which Section 25.025, Tax Code, applies.
(e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
§ 552.118. Exception: Official Prescription Form
Information is excepted from the requirements of Section 552.021 if it is:
- (1) information on or derived from an official prescription form filed with the director
of the Department of Public Safety under Section 481.075, Health and Safety
Code; or
(2) other information collected under Section 481.075 of that code.
§ 552.119. Exception: Photograph of Peace Officer or Certain Security Guards
- (a) A photograph that depicts a peace officer as defined by Article 2.12, Code of Criminal
Procedure, or a security officer commissioned under Section 51.212, Education Code,
the release of which would endanger the life or physical safety of the officer, is excepted
from the requirements of Section 552.021 unless:
- (1) the officer is under indictment or charged with an offense by information;
(2) the officer is a party in a fire or police civil service hearing or a case in arbitration; or
(3) the photograph is introduced as evidence in a judicial proceeding.
§ 552.120. Exception: Certain Rare Books and Original Manuscripts
A rare book or original manuscript that was not created or maintained in the conduct of official business of a governmental body and that is held by a private or public archival and manuscript repository for the purpose of historical research is excepted from the requirements of Section 552.021.
§ 552.121. Exception: Certain Documents Held for Historical Research
An oral history interview, personal paper, unpublished letter, or organizational record of a nongovernmental entity that was not created or maintained in the conduct of official business of a governmental body and that is held by a private or public archival and manuscript repository for the purpose of historical research is excepted from the requirements of Section 552.021 to the extent that the archival and manuscript repository and the donor of the interview, paper, letter, or record agree to limit disclosure of the item.
§ 552.122. Exception: Test Items
- (a) A test item developed by an educational institution that is funded wholly or in part by
state revenue is excepted from the requirements of Section 552.021.
(b) A test item developed by a licensing agency or governmental body is excepted from the requirements of Section 552.021.
§ 552.123. Exception: Name of Applicant for Chief Executive Officer of Institution of Higher Education
The name of an applicant for the position of chief executive officer of an institution of higher education is excepted from the requirements of Section 552.021, except that the governing body of the institution must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which final action or vote is to be taken on the employment of the person.
§552.1235. Exception: Identity of Private Donor to Institution of Higher Education
- (a) The name or other information that would tend to disclose the identity of a person, other
than a governmental body, who makes a gift, grant, or donation of money or property
to an institution of higher education or to another person with the intent that the money
or property be transferred to an institution of higher education is excepted from the
requirements of Section 552.021.
(b) Subsection (a) does not except from required disclosure other information relating to gifts, grants, and donations described by Subsection (a), including the amount or value of an individual gift, grant, or donation.
(c) In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
§ 552.124. Exception: Records of Library or Library System
- (a) A record of a library or library system, supported in whole or in part by public funds,
that identifies or serves to identify a person who requested, obtained, or used a library
material or service is excepted from the requirements of Section 552.021 unless the
record is disclosed:
- (1) because the library or library system determines that disclosure is reasonably
necessary for the operation of the library or library system and the record is not
confidential under other state or federal law;
(2) under Section 552.023; or
(3) to a law enforcement agency or a prosecutor under a court order or subpoena obtained after a showing to a district court that:
- (A) disclosure of the record is necessary to protect the public safety; or
(B) the record is evidence of an offense or constitutes evidence that a particular person committed an offense.
§ 552.125. Exception: Certain Audits
Any documents or information privileged under the Texas Environmental, Health, and Safety Audit Privilege Act are excepted from the requirements of Section 552.021.
§ 552.126. Exception: Name of Applicant for Superintendent of Public School District
The name of an applicant for the position of superintendent of a public school district is excepted from the requirements of Section 552.021, except that the board of trustees must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person.
§ 552.127. Exception: Personal Information Relating to Participants in Neighborhood Crime Watch Organization
- (a) Information is excepted from the requirements of Section 552.021 if the information
identifies a person as a participant in a neighborhood crime watch organization and
relates to the name, home address, business address, home telephone number, or
business telephone number of the person.
(b) In this section, "neighborhood crime watch organization" means a group of residents of a neighborhood or part of a neighborhood that is formed in affiliation or association with a law enforcement agency in this state to observe activities within the neighborhood or part of a neighborhood and to take other actions intended to reduce crime in that area.
§ 552.128. Exception: Certain Information Submitted by Potential Vendor or Contractor
- (a) Information submitted by a potential vendor or contractor to a governmental body in
connection with an application for certification as a historically underutilized or
disadvantaged business under a local, state, or federal certification program is excepted
from the requirements of Section 552.021, except as provided by this section.
(b) Notwithstanding Section 552.007 and except as provided by Subsection (c), the information may be disclosed only:
- (1) to a state or local governmental entity in this state, and the state or local
governmental entity may use the information only:
- (A) for purposes related to verifying an applicant's status as a historically
underutilized or disadvantaged business; or
(B) for the purpose of conducting a study of a public purchasing program established under state law for historically underutilized or disadvantaged businesses; or
§ 552.129. Motor Vehicle Inspection Information
A record created during a motor vehicle emissions inspection under Subchapter F, Chapter 548, Transportation Code, that relates to an individual vehicle or owner of an individual vehicle is excepted from the requirements of Section 552.021.
§ 552.130. Exception: Motor Vehicle Records
- (a) Information is excepted from the requirements of Section 552.021 if the information
relates to:
- (1) a motor vehicle operator's or driver's license or permit issued by an agency of this
state;
(2) a motor vehicle title or registration issued by an agency of this state; or
(3) a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document.
§ 552.131. Exception: Economic Development Information
- (a) Information is excepted from the requirements of Section 552.021 if the information
relates to economic development negotiations involving a governmental body and a
business prospect that the governmental body seeks to have locate, stay, or expand in
or near the territory of the governmental body and the information relates to:
- (1) a trade secret of the business prospect; or
<(2) >commercial or financial information for which it is demonstrated based on specific
factual evidence that disclosure would cause substantial competitive harm to the
person from whom the information was obtained.
(c) After an agreement is made with the business prospect, this section does not except from the requirements of Section 552.021 information about a financial or other incentive being offered to the business prospect:
- (1) by the governmental body; or
(2) by another person, if the financial or other incentive may directly or indirectly result in the expenditure of public funds by a governmental body or a reduction in revenue received by a governmental body from any source.
§ 552.132. Exception: Crime Victim Information
- (a) Except as provided by Subsection (f), in this section, "crime victim" means a victim
under Subchapter B, Chapter 56, Code of Criminal Procedure, who has filed an
application for compensation under that subchapter.
(b) A crime victim may elect whether to allow public access to information held by the crime victim's compensation division of the attorney general's office that relates to:
- (1) the name, social security number, address, or telephone number of the crime
victim; or
(2) any other information the disclosure of which would identify or tend to identify the crime victim.
- (1) made in writing on a form developed by the attorney general for that purpose and
signed by the crime victim; and
(2) filed with the crime victims' compensation division before the third anniversary of the date that the crime victim filed the application for compensation.
(e) If the crime victim is awarded compensation under Section 56.34, Code of Criminal Procedure, as of the date of the award of compensation, the name of the crime victim and the amount of compensation awarded to that victim are public information and are not excepted from the requirements of Section 552.021.
(f) An employee of a governmental body who is also a crime victim under Subchapter B, Chapter 56, Code of Criminal Procedure, regardless of whether the employee has filed an application for compensation under that subchapter, may elect whether to allow public access to information held by the attorney general's office or other governmental body that would identify or tend to identify the crime victim, including a photograph or other visual representation of the victim. An election under this subsection must be made in writing on a form developed by the governmental body, be signed by the employee, and be filed with the governmental body before the third anniversary of the latest to occur of one of the following: (1) the date the crime was committed; (2) the date employment begins; or (3) the date the governmental body develops the form and provides it to employees. If the employee fails to make an election, the identifying information is excepted from disclosure until the third anniversary of the date the crime was committed. In case of disability, impairment, or other incapacity of the employee, the election may be made by the guardian of the employee or former employee.
§ 552.1325. Exception: Crime Victim Impact Statement
- (a) In this section:
- (1) "Crime victim" means a person who is a victim as defined by Article 56.32, Code
of Criminal Procedure.
(2) "Victim impact statement" means a victim impact statement under Article 56.03, Code of Criminal Procedure.
- (1) the name, social security number, address, and telephone number of a crime
victim; and
(2) any other information the disclosure of which would identify or tend to identify the crime victim.
§ 552.133. Exception: Public Power Utility Competitive Matters
- (a) In this section:
- (1) "Public power utility" means an entity providing electric or gas utility services that
is subject to the provisions of this chapter.
(2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility.
(3) "Competitive matter" means a utility-related matter that the public power utility governing body in good faith determines by a vote under this section is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include the following categories of information:
- (A) information relating to the provision of distribution access service, including
the terms and conditions of the service and the rates charged for the service
but not including information concerning utility-related services or products
that are competitive;
(B) information relating to the provision of transmission service that is required to be filed with the Public Utility Commission of Texas, subject to any confidentiality provided for under the rules of the commission;
(C) information for the distribution system pertaining to reliability and continuity of service, to the extent not security-sensitive, that relates to emergency management, identification of critical loads such as hospitals and police, records of interruption, and distribution feeder standards;
(D) any substantive rule of general applicability regarding service offerings, service regulation, customer protections, or customer service adopted by the public power utility as authorized by law;
(E) aggregate information reflecting receipts or expenditures of funds of the public power utility, of the type that would be included in audited financial statements;
(F) information relating to equal employment opportunities for minority groups, as filed with local, state, or federal agencies;
(G) information relating to the public power utility's performance in contracting with minority business entities;
(H) information relating to nuclear decommissioning trust agreements, of the type required to be included in audited financial statements;
(I) information relating to the amount and timing of any transfer to an owning city's general fund;
(J) information relating to environmental compliance as required to be filed with any local, state, or national environmental authority, subject to any confidentiality provided under the rules of those authorities;
(K) names of public officers of the public power utility and the voting records of those officers for all matters other than those within the scope of a competitive resolution provided for by this section;
(L) a description of the public power utility's central and field organization, including the established places at which the public may obtain information, submit information and requests, or obtain decisions and the identification of employees from whom the public may obtain information, submit information or requests, or obtain decisions; or
(M) information identifying the general course and method by which the public power utility's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.
(c) In connection with any request for an opinion of the attorney general under Section 552.301 with respect to information alleged to fall under this exception, in rendering a written opinion under Section 552.306 the attorney general shall find the requested information to be outside the scope of this exception only if the attorney general determines, based on the information provided in connection with the request:
- (1) that the public power utility governing body has failed to act in good faith in
making the determination that the issue, matter, or activity in question is a
competitive matter; or
(2) that the information or records sought to be withheld are not reasonably related to a competitive matter.
§ 552.134. Exception: Certain Information Relating to Inmate of Department of Criminal Justice
- (a) Except as provided by Subsection (b) or by Section 552.029, information obtained or
maintained by the Texas Department of Criminal Justice is excepted from the
requirements of Section 552.021 if it is information about an inmate who is confined in
a facility operated by or under a contract with the department.
(b) Subsection (a) does not apply to:
- (1) statistical or other aggregated information relating to inmates confined in one or
more facilities operated by or under a contract with the department; or
(2) information about an inmate sentenced to death.
(d) A release of information described by Subsection (a) to an eligible entity, as defined by Section 508.313(d), for a purpose related to law enforcement, prosecution, corrections, clemency, or treatment is not considered a release of information to the public for purposes of Section 552.007 and does not waive the right to assert in the future that the information is excepted from required disclosure under this section or other law.
§ 552.135. Exception: Certain Information Held by School District
- (a) "Informer" means a student or a former student or an employee or former employee of
a school district who has furnished a report of another person's possible violation of
criminal, civil, or regulatory law to the school district or the proper regulatory
enforcement authority.
(b) An informer's name or information that would substantially reveal the identity of an informer is excepted from the requirements of Section 552.021.
(c) Subsection (b) does not apply:
- (1) if the informer is a student or former student, and the student or former student,
or the legal guardian, or spouse of the student or former student consents to
disclosure of the student's or former student's name; or
(2) if the informer is an employee or former employee who consents to disclosure of the employee's or former employee's name; or
(3) if the informer planned, initiated, or participated in the possible violation.
(e) This section does not infringe on or impair the confidentiality of information considered to be confidential by law, whether it be constitutional, statutory, or by judicial decision, including information excepted from the requirements of Section 552.021.
§ 552.136. Confidentiality of Credit Card, Debit Card, Charge Card, and Access Device Numbers
- (a) In this section, "access device" means a card, plate, code, account number, personal
identification number, electronic serial number, mobile identification number, or other
telecommunications service, equipment, or instrument identifier or means of account
access that alone or in conjunction with another access device may be used to:
- (1) obtain money, goods, services, or another thing of value; or
(2) initiate a transfer of funds other than a transfer originated solely by paper instrument.
§ 552.137. Confidentiality of Certain E-Mail Addresses
- (a) Except as otherwise provided by this section, an e-mail address of a member of the public
that is provided for the purpose of communicating electronically with a governmental
body is confidential and not subject to disclosure under this chapter.
(b) Confidential information described by this section that relates to a member of the public may be disclosed if the member of the public affirmatively consents to its release.
(c) Subsection (a) does not apply to an e-mail address:
- (1) provided to a governmental body by a person who has a contractual relationship
with the governmental body or by the contractor's agent;
(2) provided to a governmental body by a vendor who seeks to contract with the governmental body or by the vendor's agent;
(3) contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to a governmental body in the course of negotiating the terms of a contract or potential contract; or
(4) provided to a governmental body on a letterhead, coversheet, printed document, or other document made available to the public.
§ 552.138. Exception: Family Violence Shelter Center and Sexual Assault Program Information
- (a) In this section:
- (1) "Family violence shelter center" has the meaning assigned by Section 51.002,
Human Resources Code.
(2) "Sexual assault program" has the meaning assigned by Section 420.003.
- (1) the home address, home telephone number, or social security number of an
employee or a volunteer worker of a family violence shelter center or a sexual
assault program, regardless of whether the employee or worker complies with
Section 552.024;
(2) the location or physical layout of a family violence shelter center;
(3) the name, home address, home telephone number, or numeric identifier of a current or former client of a family violence shelter center or sexual assault program;
(4) the provision of services, including counseling and sheltering, to a current or former client of a family violence shelter center or sexual assault program;
(5) the name, home address, or home telephone number of a private donor to a family violence shelter center or sexual assault program; or
(6) the home address or home telephone number of a member of the board of directors or the board of trustees of a family violence shelter center or sexual assault program, regardless of whether the board member complies with Section 552.024.
§ 552.139. Exception: Government Information Related to Security Issues for Computers
- (a) Information is excepted from the requirements of Section 552.021 if it is information
that relates to computer network security or to the design, operation, or defense of a
computer network.
(b) The following information is confidential:
- (1) a computer network vulnerability report; and
(2) any other assessment of the extent to which data processing operations, a computer, or a computer program, network, system, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body's or contractor's electronically stored information is vulnerable to alteration, damage, or erasure.
§ 552.140. Military Discharge Records
- (a) This section applies only to a military veteran's Department of Defense Form DD-214
or other military discharge record that is first recorded with or that otherwise first comes
into the possession of a governmental body on or after September 1, 2003.
(b) The record is confidential for the 75 years following the date it is recorded with or otherwise first comes into the possession of a governmental body. During that period the governmental body may permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.
(c) On request and the presentation of proper identification, the following persons may inspect the military discharge record or obtain from the governmental body free of charge a copy or certified copy of the record:
- (1) the veteran who is the subject of the record;
(2) the legal guardian of the veteran;
(3) the spouse or a child or parent of the veteran or, if there is no living spouse, child, or parent, the nearest living relative of the veteran;
(4) the personal representative of the estate of the veteran;
(5) the person named by the veteran, or by a person described by Subdivision (2), (3), or (4), in an appropriate power of attorney executed in accordance with Section 490, Chapter XII, Texas Probate Code; or
(6) another governmental body.
(e) A governmental body that obtains information from the record shall limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.
§ 552.141. Confidentiality of Information in Application for Marriage License
- (a) Information that relates to the social security number of an individual that is maintained
by a county clerk and that is on an application for a marriage license, including
information in an application on behalf of an absent applicant and the affidavit of an
absent applicant, or is on a document submitted with an application for a marriage
license is confidential and may not be disclosed by the county clerk to the public under
this chapter.
(b) If the county clerk receives a request to make information in a marriage license application available under this chapter, the county clerk shall redact the portion of the application that contains an individual's social security number and release the remainder of the information in the application.
§ 552.141. Exception: Working Papers of Administrative Law Judges at State Office of Administrative Hearings
The following working papers of an administrative law judge at the State Office of Administrative Hearings are excepted from the requirements of Section 552.021:
- (a) notes recording the observations, thoughts, or impressions of an administrative
law judge;
(b) drafts of a proposal for decision;
(c) drafts of orders made in connection with conducting contested case hearings; and
(d) drafts of orders made in connection with conducting alternative dispute resolution procedures.
§ 552.141. Exception: Texas No-Call List
The Texas no-call list created under Subchapter C, Chapter 43, Business & Commerce Code, as added by Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001, is excepted from the requirements of Section 552.021.
§ 552.142. Exception: Records of Certain Deferred Adjudications
- (a) Information is excepted from the requirements of Section 552.021 if an order of
nondisclosure with respect to the information has been issued under Section 411.081(d).
(b) A person who is the subject of information that is excepted from the requirements of Section 552.021 under this section may deny the occurrence of the arrest and prosecution to which the information relates and the exception of the information under this section, unless the information is being used against the person in a subsequent criminal proceeding.
§ 552.1425. Civil Penalty: Records of Certain Deferred Adjudications
- (a) A private entity that compiles and disseminates for compensation criminal history
record information may not compile or disseminate information with respect to which
an order of nondisclosure has been issued under Section 411.081(d).
(b) A district court may issue a warning to a private entity for a first violation of Subsection (a). After receiving a warning for the first violation, the private entity is liable to the state for a civil penalty not to exceed $500 for each subsequent violation.
(c) The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section.
(d) A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION
§ 552.201. Identity of Officer for Public Information
- (a) The chief administrative officer of a governmental body is the officer for public
information, except as provided by Subsection (b).
(b) Each elected county officer is the officer for public information and the custodian, as defined by Section 201.003, Local Government Code, of the information created or received by that county officer's office.
§ 552.202. Department Heads
Each department head is an agent of the officer for public information for the purposes of complying with this chapter.
§ 552.203. General Duties of Officer for Public Information
Each officer for public information, subject to penalties provided in this chapter, shall:
- (1) make public information available for public inspection and copying;
(2) carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal; and
(3) repair, renovate, or rebind public information as necessary to maintain it properly.
§ 552.204. Scope of Responsibility of Officer for Public Information
An officer for public information is responsible for the release of public information as required by this chapter. The officer is not responsible for:
- (1) the use made of the information by the requestor; or
(2) the release of information after it is removed from a record as a result of an update, a correction, or a change of status of the person to whom the information pertains.
§ 552.205. Informing Public of Basic Rights and Responsibilities under this Chapter
- (a) An officer for public information shall prominently display a sign in the form prescribed
by the General Services Commission that contains basic information about the rights of
a requestor, the responsibilities of a governmental body, and the procedures for
inspecting or obtaining a copy of public information under this chapter. The officer
shall display the sign at one or more places in the administrative offices of the
governmental body where it is plainly visible to:
- (1) members of the public who request public information in person under this
chapter; and
(2) employees of the governmental body whose duties include receiving or responding to requests under this chapter.
SUBCHAPTER E. PROCEDURES RELATED TO ACCESS
§ 552.221. Application for Public Information; Production of Public Information
- (a) An officer for public information of a governmental body shall promptly produce public
information for inspection, duplication, or both on application by any person to the
officer. In this subsection, "promptly" means as soon as possible under the
circumstances, that is, within a reasonable time, without delay.
(b) An officer for public information complies with Subsection (a) by:
- (1) providing the public information for inspection or duplication in the offices of the
governmental body; or
(2) sending copies of the public information by first class United States mail if the person requesting the information requests that copies be provided and pays the postage and any other applicable charges that the requestor has accrued under Subchapter F.
(d) If an officer for public information cannot produce public information for inspection or duplication within 10 business days after the date the information is requested under Subsection (a), the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.
§ 552.222. Permissible Inquiry by Governmental Body to Requestor
- (a) The officer for public information and the officer's agent may not make an inquiry of
a requestor except to establish proper identification or except as provided by Subsection
(b) or (c).
(b) If what information is requested is unclear to the governmental body, the governmental body may ask the requestor to clarify the request. If a large amount of information has been requested, the governmental body may discuss with the requestor how the scope of a request might be narrowed, but the governmental body may not inquire into the purpose for which information will be used.
(c) If the information requested relates to a motor vehicle record, the officer for public information or the officer's agent may require the requestor to provide additional identifying information sufficient for the officer or the officer's agent to determine whether the requestor is eligible to receive the information under Chapter 730, Transportation Code. In this subsection, "motor vehicle record" has the meaning assigned that term by Section 730.003, Transportation Code.
§ 552.223. Uniform Treatment of Requests for Information
The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media.
§ 552.224. Comfort and Facility
The officer for public information or the officer's agent shall give to a requestor all reasonable comfort and facility for the full exercise of the right granted by this chapter.
§ 552.225. Time for Examination
- (a) A requestor must complete the examination of the information not later than the 10th
day after the date the custodian of the information makes it available to the person.
(b) The officer for public information shall extend the initial examination period by an additional 10 days if, within the initial period, the requestor files with the officer for public information a written request for additional time. The officer for public information shall extend an additional examination period by another 10 days if, within the additional period, the requestor files with the officer for public information a written request for more additional time.
(c) The time during which a person may examine information may be interrupted by the officer for public information if the information is needed for use by the governmental body. The period of interruption is not considered to be a part of the time during which the person may examine the information.
§ 552.226. Removal of Original Record
This chapter does not authorize a requestor to remove an original copy of a public record from the office of a governmental body.
§ 552.227. Research of State Library Holdings Not Required
An officer for public information or the officer's agent is not required to perform general research within the reference and research archives and holdings of state libraries.
§ 552.228. Providing Suitable Copy of Public Information Within Reasonable Time
- (a) It shall be a policy of a governmental body to provide a suitable copy of public
information within a reasonable time after the date on which the copy is requested.
(b) If public information exists in an electronic or magnetic medium, the requestor may request a copy either on paper or in an electronic medium, such as on diskette or on magnetic tape. A governmental body shall provide a copy in the requested medium if:
- (1) the governmental body has the technological ability to produce a copy of the
requested information in the requested medium;
(2) the governmental body is not required to purchase any software or hardware to accommodate the request; and
(3) provision of a copy of the information in the requested medium will not violate the terms of any copyright agreement between the governmental body and a third party.
§ 552.229. Consent to Release Information Under Special Right of Access
- (a) Consent for the release of information excepted from disclosure to the general public
but available to a specific person under Sections 552.023 and 552.307 must be in
writing and signed by the specific person or the person's authorized representative.
(b) An individual under 18 years of age may consent to the release of information under this section only with the additional written authorization of the individual's parent or guardian.
(c) An individual who has been adjudicated incompetent to manage the individual's personal affairs or for whom an attorney ad litem has been appointed may consent to the release of information under this section only by the written authorization of the designated legal guardian or attorney ad litem.
§ 552.230. Rules of Procedure for Inspection and Copying of Public Information
- (a) A governmental body may promulgate reasonable rules of procedure under which public
information may be inspected and copied efficiently, safely, and without delay.
(b) A rule promulgated under Subsection (a) may not be inconsistent with any provision of this chapter.
§ 552.231. Responding to Requests for Information That Require Programming or Manipulation of Data
- (a) A governmental body shall provide to a requestor the written statement described by
Subsection (b) if the governmental body determines:
- (1) that responding to a request for public information will require programming or
manipulation of data; and
(2) that:
- (A) compliance with the request is not feasible or will result in substantial
interference with its ongoing operations; or
(B) the information could be made available in the requested form only at a cost that covers the programming and manipulation of data.
- (1) a statement that the information is not available in the requested form;
(2) a description of the form in which the information is available;
(3) a description of any contract or services that would be required to provide the information in the requested form;
(4) a statement of the estimated cost of providing the information in the requested form as determined in accordance with the rules established by the General Services Commission under Section 552.262; and
(5) a statement of the anticipated time required to provide the information in the requested form.
(d) On providing the written statement to the requestor as required by this section, the governmental body does not have any further obligation to provide the information in the requested form or in the form in which it is available until the requestor states in writing to the governmental body that the requestor:
- (1) wants the governmental body to provide the information in the requested form
according to the cost and time parameters set out in the statement or according to
other terms to which the requestor and the governmental body agree; or
(2) wants the information in the form in which it is available.
§ 552.232. Responding to Repetitious or Redundant Requests
- (a) A governmental body that determines that a requestor has made a request for
information for which the governmental body has previously furnished copies to the
requestor or made copies available to the requestor on payment of applicable charges
under Subchapter F, shall respond to the request, in relation to the information for which
copies have been already furnished or made available, in accordance with this section,
except that:
- (1) this section does not prohibit the governmental body from furnishing the
information or making the information available to the requestor again in
accordance with the request; and
(2) the governmental body is not required to comply with this section in relation to information that the governmental body simply furnishes or makes available to the requestor again in accordance with the request.
- (1) a description of the information for which copies have been previously furnished
or made available to the requestor;
(2) the date that the governmental body received the requestor's original request for that information;
(3) the date that the governmental body previously furnished copies of or made available copies of the information to the requestor;
(4) a certification that no subsequent additions, deletions, or corrections have been made to that information; and
(5) the name, title, and signature of the officer for public information or the officer's agent making the certification.
(d) This section does not apply to information for which the governmental body has not previously furnished copies to the requestor or made copies available to the requestor on payment of applicable charges under Subchapter F. A request by the requestor for information for which copies have not previously been furnished or made available to the requestor, including information for which copies were not furnished or made available because the information was redacted from other information that was furnished or made available or because the information did not yet exist at the time of an earlier request, shall be treated in the same manner as any other request for information under this chapter.
SUBCHAPTER F. CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION
§ 552.261. Charge for Providing Copies of Public Information
- (a) The charge for providing a copy of public information shall be an amount that
reasonably includes all costs related to reproducing the public information, including
costs of materials, labor, and overhead. If a request is for 50 or fewer pages of paper
records, the charge for providing the copy of the public information may not include
costs of materials, labor, or overhead, but shall be limited to the charge for each page
of the paper record that is photocopied, unless the pages to be photocopied are located
in:
- (1) two or more separate buildings that are not physically connected with each other;
or
(2) a remote storage facility.
(c) For purposes of Subsection (a), a connection of two buildings by a covered or open sidewalk, an elevated or underground passageway, or a similar facility is insufficient to cause the buildings to be considered separate buildings.
(d) Charges for providing a copy of public information are considered to accrue at the time the governmental body advises the requestor that the copy is available on payment of the applicable charges.
§ 552.2615. Required Itemized Estimate of Charges
- (a) If a request for a copy of public information will result in the imposition of a charge
under this subchapter that exceeds $40, or a request to inspect a paper record will result
in the imposition of a charge under Section 552.271 that exceeds $40, the governmental
body shall provide the requestor with a written itemized statement that details all
estimated charges that will be imposed, including any allowable charges for labor or
personnel costs. If an alternative less costly method of viewing the records is available,
the statement must include a notice that the requestor may contact the governmental
body regarding the alternative method. The governmental body must inform the
requestor of the duties imposed on the requestor by this section and give the requestor
the information needed to respond, including:
- (1) that the requestor must provide the governmental body with a mailing, facsimile
transmission, or electronic mail address to receive the itemized statement and that
it is the requestor's choice which type of address to provide;
(2) that the request is considered automatically withdrawn if the requestor does not respond in writing to the itemized statement and any updated itemized statement in the time and manner required by this section; and
(3) that the requestor may respond to the statement by delivering the written response to the governmental body by mail, in person, by facsimile transmission if the governmental body is capable of receiving documents transmitted in that manner, or by electronic mail if the governmental body has an electronic mail address.
- (1) the requestor will accept the estimated charges;
(2) the requestor is modifying the request in response to the itemized statement; or
(3) the requestor has sent to the Texas Building and Procurement Commission a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information.
(d) If the actual charges that a governmental body imposes for a copy of public information, or for inspecting a paper record under Section 552.271, exceeds $40, the charges may not exceed:
- (1) the amount estimated in the updated itemized statement; or
(2) if an updated itemized statement is not sent to the requestor, an amount that exceeds by 20 percent or more the amount estimated in the itemized statement.
- (1) the statement is delivered to the requestor in person;
(2) the governmental body deposits the properly addressed statement in the United States mail; or
(3) the governmental body transmits the properly addressed statement by electronic mail or facsimile transmission, if the requestor agrees to receive the statement by electronic mail or facsimile transmission, as applicable.
- (1) the response is delivered to the governmental body in person;
(2) the requestor deposits the properly addressed response in the United States mail; or
(3) the requestor transmits the properly addressed response to the governmental body by electronic mail or facsimile transmission.
§ 552.262. Rules of the General Services Commission
- (a) The General Services Commission shall adopt rules for use by each governmental body
in determining charges for providing copies of public information under this subchapter
and in determining the charge, deposit, or bond required for making public information
that exists in a paper record available for inspection as authorized by Sections
552.271(c) and (d). The rules adopted by the General Services Commission shall be
used by each governmental body in determining charges for providing copies of public
information and in determining the charge, deposit, or bond required for making public
information that exists in a paper record available for inspection, except to the extent
that other law provides for charges for specific kinds of public information. The charges
for providing copies of public information may not be excessive and may not exceed the
actual cost of producing the information or for making public information that exists in
a paper record available. A governmental body, other than an agency of state
government, may determine its own charges for providing copies of public information
and its own charge, deposit, or bond for making public information that exists in a paper
record available for inspection but may not charge an amount that is greater than 25
percent more than the amount established by the General Services Commission unless
the governmental body requests an exemption under Subsection (c).
(b) The rules of the General Services Commission shall prescribe the methods for computing the charges for providing copies of public information in paper, electronic, and other kinds of media and the charge, deposit, or bond required for making public information that exists in a paper record available for inspection. The rules shall establish costs for various components of charges for providing copies of public information that shall be used by each governmental body in providing copies of public information or making public information that exists in a paper record available for inspection.
(c) A governmental body may request that it be exempt from part or all of the rules adopted by the General Services Commission for determining charges for providing copies of public information or the charge, deposit, or bond required for making public information that exists in a paper record available for inspection. The request must be made in writing to the General Services Commission and must state the reason for the exemption. If the General Services Commission determines that good cause exists for exempting a governmental body from a part or all of the rules, the commission shall give written notice of the determination to the governmental body within 90 days of the request. On receipt of the determination, the governmental body may amend its charges for providing copies of public information or its charge, deposit, or bond required for making public information that exists in a paper record available for inspection according to the determination of the General Services Commission.
(d) The General Services Commission shall publish annually in the Texas Register a list of the governmental bodies that have authorization from the General Services Commission to adopt any modified rules for determining the cost of providing copies of public information or making public information that exists in a paper record available for inspection.
(e) The rules of the General Services Commission do not apply to a state governmental body that is not a state agency for purposes of Subtitle D, Title 10.
§ 552.263. Bond for Payment of Costs or Cash Prepayment for Preparation of Copy Of Public Information
- (a) An officer for public information or the officer's agent may require a deposit or bond
for payment of anticipated costs for the preparation of a copy of public information if
the officer for public information or the officer's agent has provided the requestor with
the required written itemized statement detailing the estimated charge for providing the
copy and if the charge for providing the copy of the public information specifically
requested by the requestor is estimated by the governmental body to exceed:
- (1) $100, if the governmental body has more than 15 full-time employees; or
(2) $50, if the governmental body has fewer than 16 full-time employees.
(c) An officer for public information or the officer's agent may require a deposit or bond for payment of unpaid amounts owing to the governmental body in relation to previous requests that the requestor has made under this chapter before preparing a copy of public information in response to a new request if those unpaid amounts exceed $100. The officer for public information or the officer's agent may not seek payment of those unpaid amounts through any other means.
(d) The governmental body must fully document the existence and amount of those unpaid amounts or the amount of any anticipated costs, as applicable, before requiring a deposit or bond under this section. The documentation is subject to required public disclosure under this chapter.
(e) For purposes of Subchapter E, a request for a copy of public information is considered to have been received by a governmental body on the date the governmental body receives the deposit or bond for payment of anticipated costs or unpaid amounts if the governmental body's officer for public information or the officer's agent requires a deposit or bond in accordance with this section.
§ 552.264. Copy of Public Information Requested by Member of Legislature
One copy of public information that is requested from a state agency by a member, agency, or committee of the legislature under Section 552.008 shall be provided without charge.
§ 552.265. Charge for Paper Copy Provided by District or County Clerk
The charge for providing a paper copy made by a district or county clerk's office shall be the charge provided by Chapter 51 of this code, Chapter 118, Local Government Code, or other applicable law.
§ 552.266. Charge For Copy of Public Information Provided by Municipal Court Clerk
The charge for providing a copy made by a municipal court clerk shall be the charge provided by municipal ordinance.
§ 552.267. Waiver or Reduction of Charge for Providing Copy of Public Information
- (a) A governmental body shall provide a copy of public information without charge or at
a reduced charge if the governmental body determines that waiver or reduction of the
charge is in the public interest because providing the copy of the information primarily
benefits the general public.
(b) If the cost to a governmental body of processing the collection of a charge for providing a copy of public information will exceed the amount of the charge, the governmental body may waive the charge.
§ 552.268. Efficient Use of Public Resources
A governmental body shall make reasonably efficient use of supplies and other resources to avoid excessive reproduction costs.
§ 552.269. Overcharge or Overpayment for Copy of Public Information
- (a) A person who believes the person has been overcharged for being provided with a copy
of public information may complain to the Texas Building and Procurement
Commission in writing of the alleged overcharge, setting forth the reasons why the
person believes the charges are excessive. The Texas Building and Procurement
Commission shall review the complaint and make a determination in writing as to the
appropriate charge for providing the copy of the requested information. The
governmental body shall respond to the Texas Building and Procurement Commission
to any written questions asked of the governmental body by the commission regarding
the charges for providing the copy of the public information. The response must be
made to the Texas Building and Procurement Commission within 10 business days after
the date the questions are received by the governmental body. If the Texas Building and
Procurement Commission determines that a governmental body has overcharged for
providing the copy of requested public information, the governmental body shall
promptly adjust its charges in accordance with the determination of the Texas Building
and Procurement Commission.
(b) A person who overpays for a copy of public information because a governmental body refuses or fails to follow the rules for charges adopted by the Texas Building and Procurement Commission is entitled to recover three times the amount of the overcharge if the governmental body did not act in good faith in computing the costs.
§ 552.270. Charge For Government Publication
- (a) This subchapter does not apply to a publication that is compiled and printed by or for
a governmental body for public dissemination. If the cost of the publication is not
determined by state law, a governmental body may determine the charge for providing
the publication.
(b) This section does not prohibit a governmental body from providing a publication free of charge if state law does not require that a certain charge be made.
§ 552.271. Inspection of Public Information in Paper Record if Copy Not Requested
- (a) If the requestor does not request a copy of public information, a charge may not be
imposed for making available for inspection any public information that exists in a
paper record, except as provided by this section.
(b) If a requested page contains confidential information that must be edited from the record before the information can be made available for inspection, the governmental body may charge for the cost of making a photocopy of the page from which confidential information must be edited. No charge other than the cost of the photocopy may be imposed under this subsection.
(c) Except as provided by Subsection (d), an officer for public information or the officer's agent may require a requestor to pay, or to make a deposit or post a bond for the payment of, anticipated personnel costs for making available for inspection public information that exists in paper records only if:
- (1) the public information specifically requested by the requestor:
- (A) is older than five years; or
(B) completely fills, or when assembled will completely fill, six or more archival boxes; and
- (1) the public information specifically requested by the requestor:
- (A) is older than three years; or
(B) completely fills, or when assembled will completely fill, three or more archival boxes; and
§ 552.272. Inspection of Electronic Record if Copy Not Requested
- (a) In response to a request to inspect information that exists in an electronic medium and
that is not available directly on-line to the requestor, a charge may not be imposed for
access to the information, unless complying with the request will require programming
or manipulation of data. If programming or manipulation of data is required, the
governmental body shall notify the requestor before assembling the information and
provide the requestor with an estimate of charges that will be imposed to make the
information available. A charge under this section must be assessed in accordance with
this subchapter.
(b) If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means, the electronic form of the information may be electronically copied from that computer without charge if accessing the information does not require processing, programming, or manipulation on the government-owned or government-leased computer before the information is copied.
(c) If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means and the information requires processing, programming, or manipulation before it can be electronically copied, a governmental body may impose charges in accordance with this subchapter.
(d) If information is created or kept in an electronic form, a governmental body is encouraged to explore options to separate out confidential information and to make public information available to the public through electronic access through a computer network or by other means.
(e) The provisions of this section that prohibit a governmental entity from imposing a charge for access to information that exists in an electronic medium do not apply to the collection of a fee set by the supreme court after consultation with the Judicial Committee on Information Technology as authorized by Section 77.031 for the use of a computerized electronic judicial information system.
§ 552.274. Reports by General Services Commission And State Agencies on Cost of Copies
- (a) The General Services Commission shall:
- (1) biennially update a report prepared by the commission about the charges made by
state agencies for providing copies of public information; and
(2) provide a copy of the updated report to each state agency not later than March 1 of each even-numbered year.
(c) Before the 30th day after the date on which a regular session of the legislature convenes, each state agency shall issue a report that describes that agency's procedures for charging and collecting fees for providing copies of public information.
(d) In this section, "state agency" has the meaning assigned by Sections 2151.002(2)(A) and (C).
SUBCHAPTER G. ATTORNEY GENERAL DECISIONS
§ 552.301. Request for Attorney General Decision
- (a) A governmental body that receives a written request for information that it wishes to
withhold from public disclosure and that it considers to be within one of the exceptions
under Subchapter C must ask for a decision from the attorney general about whether the
information is within that exception if there has not been a previous determination about
whether the information falls within one of the exceptions.
(b) The governmental body must ask for the attorney general's decision and state the exceptions that apply within a reasonable time but not later than the 10th business day after the date of receiving the written request.
(c) For purposes of this subchapter, a written request includes a request made in writing that is sent to the officer for public information, or the person designated by that officer, by electronic mail or facsimile transmission.
(d) A governmental body that requests an attorney general decision under Subsection (a) must provide to the requestor within a reasonable time but not later than the 10th business day after the date of receiving the requestor's written request:
- (1) a written statement that the governmental body wishes to withhold the requested
information and has asked for a decision from the attorney general about whether
the information is within an exception to public disclosure; and
(2) a copy of the governmental body's written communication to the attorney general asking for the decision or, if the governmental body's written communication to the attorney general discloses the requested information, a redacted copy of that written communication.
- (1) submit to the attorney general:
- (A) written comments stating the reasons why the stated exceptions apply that
would allow the information to be withheld;
(B) a copy of the written request for information;
(C) a signed statement as to the date on which the written request for information was received by the governmental body or evidence sufficient to establish that date; and
(D) a copy of the specific information requested, or submit representative samples of the information if a voluminous amount of information was requested; and
- (1) the governmental body has previously requested and received a determination
from the attorney general concerning the precise information at issue in a pending
request; and
(2) the attorney general or a court determined that the information is public information under this chapter that is not excepted by Subchapter C.
§ 552.302. Failure to make Timely Request for Attorney General Decision; Presumption that Information is Public
If a governmental body does not request an attorney general decision as provided by Section 552.301 and provide the requestor with the information required by Section 552.301(d), the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.
§ 552.303. Delivery of Requested Information to Attorney General; Disclosure of Requested Information; Attorney General Request for Submission of Additional Information
- (a) A governmental body that requests an attorney general decision under this subchapter
shall supply to the attorney general, in accordance with Section 552.301, the specific
information requested. Unless the information requested is confidential by law, the
governmental body may disclose the requested information to the public or to the
requestor before the attorney general makes a final determination that the requested
information is public or, if suit is filed under this chapter, before a final determination
that the requested information is public has been made by the court with jurisdiction
over the suit, except as otherwise provided by Section 552.322.
(b) The attorney general may determine whether a governmental body's submission of information to the attorney general under Section 552.301 is sufficient to render a decision.
(c) If the attorney general determines that information in addition to that required by Section 552.301 is necessary to render a decision, the attorney general shall give written notice of that fact to the governmental body and the requestor.
(d) A governmental body notified under Subsection (c) shall submit the necessary additional information to the attorney general not later than the seventh calendar day after the date the notice is received.
(e) If a governmental body does not comply with Subsection (d), the information that is the subject of a person's request to the governmental body and regarding which the governmental body fails to comply with Subsection (d) is presumed to be subject to required public disclosure and must be released unless there exists a compelling reason to withhold the information.
§ 552.3035. Disclosure of Requested Information by Attorney General
The attorney general may not disclose to the requestor or the public any information submitted to the attorney general under Section 552.301(e)(1)(D).
§ 552.304. Submission of Public Comments
A person may submit written comments stating reasons why the information at issue in a request for an attorney general decision should or should not be released.
§ 552.305. Information Involving Privacy or Property Interests of Third Party
- (a) In a case in which information is requested under this chapter and a person's privacy or
property interests may be involved, including a case under Section 552.101, 552.104,
552.110, or 552.114, a governmental body may decline to release the information for
the purpose of requesting an attorney general decision.
(b) A person whose interests may be involved under Subsection (a), or any other person, may submit in writing to the attorney general the person's reasons why the information should be withheld or released.
(c) The governmental body may, but is not required to, submit its reasons why the information should be withheld or released.
(d) If release of a person's proprietary information may be subject to exception under Section 552.101, 552.110, 552.113, or 552.131, the governmental body that requests an attorney general decision under Section 552.301 shall make a good faith attempt to notify that person of the request for the attorney general decision. Notice under this subsection must:
- (1) be in writing and sent within a reasonable time not later than the 10th business day
after the date the governmental body receives the request for the information; and
(2) include:
- (A) a copy of the written request for the information, if any, received by the
governmental body; and
(B) a statement, in the form prescribed by the attorney general, that the person is entitled to submit in writing to the attorney general within a reasonable time not later than the 10th business day after the date the person receives the notice:
- (i) each reason the person has as to why the information should be
withheld; and
(ii) a letter, memorandum, or brief in support of that reason.
§ 552.306. Rendition of Attorney General Decision; Issuance of Written Opinion
- (a) Except as provided by Section 552.011, the attorney general shall promptly render a
decision requested under this subchapter, consistent with the standards of due process,
determining whether the requested information is within one of the exceptions of
Subchapter C. The attorney general shall render the decision not later than the 45th
working day after the date the attorney general received the request for a decision. If the
attorney general is unable to issue the decision within the 45-day period, the attorney
general may extend the period for issuing the decision by an additional 10 working days
by informing the governmental body and the requestor, during the original 45-day
period, of the reason for the delay.
(b) The attorney general shall issue a written opinion of the determination and shall provide a copy of the opinion to the requestor.
§ 552.307. Special Right of Access; Attorney General Decisions
- (a) If a governmental body determines that information subject to a special right of access
under Section 552.023 is exempt from disclosure under an exception of Subchapter C,
other than an exception intended to protect the privacy interest of the requestor or the
person whom the requestor is authorized to represent, the governmental body shall,
before disclosing the information, submit a written request for a decision to the attorney
general under the procedures of this subchapter.
(b) If a decision is not requested under Subsection (a), the governmental body shall release the information to the person with a special right of access under Section 552.023 not later than the 10th day after the date of receiving the request for information.
§ 552.308. Timeliness of Action by United States or Interagency Mail or Common Contract Carrier
- (a) When this subchapter requires a request, notice, or other document to be submitted or
otherwise given to a person within a specified period, the requirement is met in a timely
fashion if the document is sent to the person by first class United States mail or common
or contract carrier properly addressed with postage or handling charges prepaid and:
- (1) it bears a post office cancellation mark or a receipt mark of a common or contract
carrier indicating a time within that period; or
(2) the person required to submit or otherwise give the document furnishes satisfactory proof that it was deposited in the mail or common or contract carrier within that period.
- (1) the request, notice, or other writing is sent to the attorney general by interagency
mail; and
(2) the agency provides evidence sufficient to establish that the request, notice, or other writing was deposited in the interagency mail within that period.
SUBCHAPTER H. CIVIL ENFORCEMENT
§ 552.321. Suit for Writ of Mandamus
- (a) A requestor or the attorney general may file suit for a writ of mandamus compelling a
governmental body to make information available for public inspection if the
governmental body refuses to request an attorney general's decision as provided by
Subchapter G or refuses to supply public information or information that the attorney
general has determined is public information that is not excepted from disclosure under
Subchapter C.
(b) A suit filed by a requestor under this section must be filed in a district court for the county in which the main offices of the governmental body are located. A suit filed by the attorney general under this section must be filed in a district court of Travis County, except that a suit against a municipality with a population of 100,000 or less must be filed in a district court for the county in which the main offices of the municipality are located.
§ 552.3215. Declaratory Judgment or Injunctive Relief
- (a) In this section:
- (1) "Complainant" means a person who claims to be the victim of a violation of this
chapter.
(2) "State agency" means a board, commission, department, office, or other agency that:
- (A) is in the executive branch of state government;
(B) was created by the constitution or a statute of this state; and
(C) has statewide jurisdiction.
(c) The district or county attorney for the county in which a governmental body other than a state agency is located or the attorney general may bring the action in the name of the state only in a district court for that county. If the governmental body extends into more than one county, the action may be brought only in the county in which the administrative offices of the governmental body are located.
(d) If the governmental body is a state agency, the Travis County district attorney or the attorney general may bring the action in the name of the state only in a district court of Travis County.
(e) A complainant may file a complaint alleging a violation of this chapter. The complaint must be filed with the district or county attorney of the county in which the governmental body is located unless the governmental body is the district or county attorney. If the governmental body extends into more than one county, the complaint must be filed with the district or county attorney of the county in which the administrative offices of the governmental body are located. If the governmental body is a state agency, the complaint may be filed with the Travis County district attorney. If the governmental body is the district or county attorney, the complaint must be filed with the attorney general. To be valid, a complaint must:
- (1) be in writing and signed by the complainant;
(2) state the name of the governmental body that allegedly committed the violation, as accurately as can be done by the complainant;
(3) state the time and place of the alleged commission of the violation, as definitely as can be done by the complainant; and
(4) in general terms, describe the violation.
(g) Before the 31st day after the date a complaint is filed under Subsection (e), the district or county attorney shall:
- (1) determine whether:
- (A) the violation alleged in the complaint was committed; and
(B) an action will be brought against the governmental body under this section; and
- (1) include a statement of the basis for that determination; and
(2) return the complaint to the complainant.
(j) An action may be brought under this section only if the official proposing to bring the action notifies the governmental body in writing of the official's determination that the alleged violation was committed and the governmental body does not cure the violation before the fourth day after the date the governmental body receives the notice.
(k) An action authorized by this section is in addition to any other civil, administrative, or criminal action provided by this chapter or another law.
§ 552.322. Discovery of Information Under Protective Order Pending Final Determination
In a suit filed under this chapter, the court may order that the information at issue may be discovered only under a protective order until a final determination is made.
§ 552.323. Assessment of Costs of Litigation and Reasonable Attorney Fees
- (a) In an action brought under Section 552.321 or 552.3215, the court shall assess costs of
litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails,
except that the court may not assess those costs and fees against a governmental body
if the court finds that the governmental body acted in reasonable reliance on:
- (1) a judgment or an order of a court applicable to the governmental body;
(2) the published opinion of an appellate court; or
(3) a written decision of the attorney general, including a decision issued under Subchapter G or an opinion issued under Section 402.042.
§ 552.324. Suit by governmental body
- (a) The only suit a governmental body or officer for public information may file seeking to
withhold information from a requestor is a suit that is filed in accordance with Sections
552.325 and 552.353 and that challenges a decision by the attorney general issued under
Subchapter G.
(b) The governmental body must bring the suit not later than the 30th calendar day after the date the governmental body receives the decision of the attorney general being challenged. If the governmental body does not bring suit within that period, the governmental body shall comply with the decision of the attorney general. This subsection does not affect the earlier deadline for purposes of Section 552.353(b)(3) for a suit brought by an officer for public information.
§ 552.325. Parties to Suit Seeking to Withhold Information
- (a) A governmental body, officer for public information, or other person or entity that files
a suit seeking to withhold information from a requestor may not file suit against the
person requesting the information. The requestor is entitled to intervene in the suit.
(b) The governmental body, officer for public information, or other person or entity that files the suit shall demonstrate to the court that the governmental body, officer for public information, or other person or entity made a timely good faith effort to inform the requestor, by certified mail or by another written method of notice that requires the return of a receipt, of:
- (1) the existence of the suit, including the subject matter and cause number of the suit
and the court in which the suit is filed;
(2) the requestor's right to intervene in the suit or to choose to not participate in the suit;
(3) the fact that the suit is against the attorney general; and
(4) the address and phone number of the office of the attorney general.
- (1) in the manner required by the Texas Rules of Civil Procedure, if the requestor has
intervened in the suit; or
(2) by certified mail or by another written method of notice that requires the return of a receipt, if the requestor has not intervened in the suit.
§ 552.326. Failure to Raise Exceptions before Attorney General
- (a) Except as provided by Subsection (b), the only exceptions to required disclosure within
Subchapter C that a governmental body may raise in a suit filed under this chapter are
exceptions that the governmental body properly raised before the attorney general in
connection with its request for a decision regarding the matter under Subchapter G.
(b) Subsection (a) does not prohibit a governmental body from raising an exception:
- (1) based on a requirement of federal law; or
(2) involving the property or privacy interests of another person.
SUBCHAPTER I. CRIMINAL VIOLATIONS
§ 552.351. Destruction, Removal, or Alteration of Public Information
- (a) A person commits an offense if the person wilfully destroys, mutilates, removes without
permission as provided by this chapter, or alters public information.
(b) An offense under this section is a misdemeanor punishable by:
- (1) a fine of not less than $25 or more than $4,000;
(2) confinement in the county jail for not less than three days or more than three months; or
(3) both the fine and confinement.
§ 552.352. Distribution or Misuse of Confidential Information
- (a) A person commits an offense if the person distributes information considered
confidential under the terms of this chapter.
(a-1) An officer or employee of a governmental body who obtains access to confidential information under Section 552.008 commits an offense if the officer or employee knowingly:
- (1) uses the confidential information for a purpose other than the purpose for which
the information was received or for a purpose unrelated to the law that permitted
the officer or employee to obtain access to the information, including solicitation
of political contributions or solicitation of clients;
(2) permits inspection of the confidential information by a person who is not authorized to inspect the information; or
(3) discloses the confidential information to a person who is not authorized to receive the information.
(a-2) For purposes of Subsection (a-1), a member of an advisory committee to a governmental body who obtains access to confidential information in that capacity is considered to be an officer or employee of the governmental body.
(b) An offense under this section is a misdemeanor punishable by:
- (1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than six months; or
(3) both the fine and confinement.
§ 552.353. Failure or Refusal of Officer for Public Information to Provide Access to or Copying of Public Information
- (a) An officer for public information, or the officer's agent, commits an offense if, with
criminal negligence, the officer or the officer's agent fails or refuses to give access to,
or to permit or provide copying of, public information to a requestor as provided by this
chapter.
(b) It is an affirmative defense to prosecution under Subsection (a) that the officer for public information reasonably believed that public access to the requested information was not required and that the officer:
- (1) acted in reasonable reliance on a court order or a written interpretation of this
chapter contained in an opinion of a court of record or of the attorney general
issued under Subchapter G;
(2) requested a decision from the attorney general in accordance with Subchapter G, and the decision is pending; or
(3) not later than the 10th calendar day after the date of receipt of a decision by the attorney general that the information is public, filed a petition for a declaratory judgment, a writ of mandamus, or both, against the attorney general in a Travis County district court seeking relief from compliance with the decision of the attorney general, and a petition is pending.
(d) It is an affirmative defense to prosecution under Subsection (a) that the defendant is the agent of an officer for public information and that the agent reasonably relied on the written instruction of the officer for public information not to disclose the public information requested.
(e) An offense under this section is a misdemeanor punishable by:
- (1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than six months; or
(3) both the fine and confinement.
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