Texas Public Information Act

In Texas, public information is generally considered open to the public, but there are important exceptions and guidelines that help define what can and cannot be accessed. Understanding these laws is essential for individuals who want to navigate the state’s public information system and request documents from government entities.

Definition of Public Information in Texas

According to Texas law, public information refers to any data that is “written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business.”

This broad definition ensures that a wide range of materials—such as emails, reports, meeting minutes, financial records, and more—are included as public information. Essentially, any document or record that is created or held by a governmental body during the course of its official business qualifies as public information, as long as it is not explicitly exempted by law.

The Texas Public Information Act

The framework that governs the public’s access to government records is known as the Texas Public Information Act (TPIA), codified under Chapter 552 of the Texas Government Code. Previously known as the Texas Open Records Act, this law grants individuals the right to request public records from state and local government bodies. Under this act, any person, regardless of their location, nationality, or connection to Texas, has the right to submit a request for public information.

The law is designed to promote transparency in government by ensuring that citizens can access a wide variety of documents, from budget reports to policies and procedures. It emphasizes the principle of open government, with the idea that the public should be able to scrutinize the workings of governmental bodies. However, there are certain limitations to this transparency, as not all information is made available to the public.

How to Request Public Information

To request public records in Texas, a person needs to submit a written request to the relevant governmental body. This request can be made by email, through an online request form, or even in-person. However, it must be a formal written request for the government to be compelled to respond.

The request does not need to include a specific reason for wanting the information; anyone can submit a request simply because they are interested in accessing a particular document or set of documents.

Once a request is made, the governmental body is required to respond promptly. Generally, they must release the requested records unless they are able to justify withholding them under an exception outlined in the law. The response time for fulfilling a request is typically 10 business days, although this can vary depending on the complexity of the request or the volume of documents involved.

Exceptions to the Public Information Act

While the Texas Public Information Act generally promotes transparency, it includes several exceptions that allow governmental bodies to withhold certain information from the public. There are about 50 different exceptions to the law, many of which are designed to protect privacy, public safety, and the integrity of governmental operations.

Some of the key exceptions include:

• Personal Privacy: Information that would invade an individual’s privacy can be withheld. For instance, personal medical records or certain aspects of law enforcement records can be exempted if they violate someone’s right to privacy.
• Law Enforcement: Certain law enforcement records can be withheld if their release would interfere with an ongoing investigation or compromise the safety of an individual. This exception includes things like witness statements, investigative reports, and law enforcement strategies.
• Trade Secrets: Documents that contain trade secrets or proprietary business information can be exempt from public access if their release would harm a business’s competitive position.
• Legal Privilege: Communications between a governmental body and its attorney may be protected from disclosure under attorney-client privilege.
• Security Information: Information that could compromise the safety of governmental buildings or individuals, such as emergency evacuation plans or security procedures, may be withheld to protect public safety.
• Draft Documents: Preliminary drafts of documents that are not finalized, including internal emails and memos that have not been completed or approved, may be exempt from disclosure under certain conditions.
• Attorney-Client Privilege: Communications between a governmental body and its attorney are exempt from disclosure if they are protected by attorney-client privilege.
• Economic Development: Information about economic development negotiations, such as incentive contracts or plans for attracting business, may be withheld to protect competitive advantage.
• Real Estate Negotiations: Information related to real estate negotiations, such as appraisals, purchase prices, or offers being considered, can be withheld to avoid affecting the negotiating position of a governmental body in property transactions.

If a governmental body believes an exception applies to the records requested, it may seek an opinion from the Texas Attorney General, who will make a final determination on whether the information can be withheld. During this process, the requester is generally notified, and they have the opportunity to challenge the decision if they disagree.

What Types of Documents Can Be Requested?

Under the Texas Public Information Act, most documents produced or maintained by governmental entities are subject to public disclosure. This includes, but is not limited to:

• Meeting Minutes: Records of public meetings, such as minutes, agendas, and other documents related to decisions made by governing bodies like city councils, school boards, and state agencies.
• Correspondence: Emails, letters, and other communications related to official government activities are subject to disclosure.
• Contracts and Agreements: Government contracts with vendors, employees, and contractors, including agreements related to construction, procurement, and services, are generally available to the public.
• Budgets and Financial Reports: Governmental bodies must make available financial records such as budgets, financial statements, and audits, which allow the public to track spending and allocation of public funds.
• Public Safety Records: Police reports, fire department reports, and emergency medical service records are typically accessible, though some details may be redacted for privacy and security reasons.
• Licenses and Permits: Information about individuals or businesses applying for or holding government-issued licenses and permits, such as those related to food establishments or professional certifications.

While this list is not exhaustive, it provides a snapshot of the types of documents that are generally accessible to the public. The goal of the Texas Public Information Act is to create transparency and accountability in government by ensuring that the public has access to relevant and timely information about governmental actions.

The Role of the Texas Attorney General

In cases where there is a dispute over whether certain information should be withheld or disclosed, the Office of the Texas Attorney General plays a crucial role in determining the outcome. If a governmental body receives a request for information that it believes should not be released, it may file for a ruling with the Attorney General’s office. The Attorney General reviews the case and issues a formal decision on whether the records should be made available to the public.

The Attorney General’s office is also responsible for issuing guidelines and opinions on various aspects of the Texas Public Information Act to help both governmental bodies and requesters understand the rules for accessing public information.

Enforcement and Legal Remedies

If a government body fails to comply with the Texas Public Information Act, requesters have several options for enforcement. Individuals can file a complaint with the Texas Attorney General’s office, which can investigate the issue.

Additionally, if a requester believes their request has been wrongfully denied, they can take legal action to seek judicial review. This can involve filing a lawsuit to compel the release of the information. Texas courts have consistently upheld the principles of transparency under the Public Information Act, and there are legal remedies available to those whose rights have been violated.

The courts have consistently upheld the principles of transparency under the Public Information Act, and there are legal remedies available to those whose rights have been violated. This ensures that governmental bodies are held accountable for their actions and that citizens can access the information they need to participate fully in the democratic process.