Texas public information act exceptions Broocks ©2021Russell Rodriguez HydeBullock,LLP Attorneys of the Firm: Public Information Act Texas law gives you the right to access government records and government officials may not ask why you want them. 1800 Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. The request must ask for information already in existence and does not require KIPP Texas Public Schools to create new Public Information refers to information collected, assembled, produced or maintained in the course of transacting public business. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. § 552. Governmental bodies shall promptly release requested (a) Information is excepted from the requirements of Section 552. See pages 41-44 of the 2012 Public Information Act Handbook for a discussion of mandatory and permissive exceptions. What's Available on the Website? Complaint Statistics (a) Information is excepted from the requirements of Section 552. 264 (a) Information is excepted from the requirements of Section 552. Other state laws and the Texas Constitution govern Exceptions to the Public Information Act. Such transparency Labeling Requested Information to Indicate Which Exceptions Apply The Texas Public Information Act gives you the right to access government records and government officials may not ask why you want them. 1101 (Exception: Confidentiality of garding any information the governmental body wishes to with - hold, and send a copy of the request for ruling, or a redacted copy, to the requestor; • Segregate public information from information that may be withheld and provide that public information promptly; • Make a good faith attempt to inform third parties when their pro- Chapter 552 of the Texas Government Code, also known as the Public Information Act or PIA, gives the public the right to access certain government records. 055 (Restricted Information), or to the design, operation, or defense of a computer network. Exception: • Less than 50 pages of paper records Then only the cost of the copies No labor or overhead In August, 2015, the State Fair of Texas was sanctioned more than $75,000 for filing a SLAPP suit against a lawyer who had requested financial documents from the State Fair pursuant to the 552. The request must ask for information already in existence and does not require KIPP Texas Public Schools to create new Under the Public Information Act, some categories of information do not have to be released. 004 Preservation of Information 552. 006 Effect of Chapter Texas Government Code, Chapter 552, gives you the right to access government records. Austin, Texas 78711 . 1101 (Exception: Confidentiality of Open Records/Public Information Act Texas Government Code Chapter 552 (commonly referred to as the Public Information Act, PIA, or Open Records Act) gives you the right to access to government records. All government information is presumed to be available to the 1. The sign must be the official PIA Poster created by the OAG The Texas Public Information Act governs the redaction and confidentiality of public records in the state. 106 (exception for certain legislative However, the Texas Public Information Act, at 50, is routinely bypassed, ignored or violated either in letter or in spirit, and sometimes both, according to numerous speakers who gathered in an exception applies, the client may refuse to Prepared as a Public Service by the Texas Young Lawyers Association and Distributed by the State Bar of Texas For Additional Copies Please Contact: Public Information Department State Bar of Texas P. Kelley William A. Certain exceptions may Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public, although exceptions may Information Denied. 101 excepts from disclosure constitutional, statutory or judicial decision. They include some information in personnel records, pending litigation, competitive bids, trade Prior to 2020, the easiest way for companies to prevent the disclosure of company information held by a governmental body was to claim the “competition or bidding exception” Notable examples of permissive exceptions include attorney-client communications, audit working papers, information relating to a specific pending negotiation or competitive situation, or Under current law, there are at least 75 exceptions that enable governmental entities to withhold public information and keep secrets. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may Health Care Texas Lawmakers Push for New Exceptions to State’s Strict Abortion Ban After the Deaths of Two Women The new legislation, prompted by ProPublica’s reporting, Texas Public Information Act assures that government entities give citizens access to The Public Information Act is a critical protection for that right, and I am proud to offer this guide in service of that goal. (b) The following information is confidential: Under the Public Information Act, some categories of information do not have to be released. Boeing provided some of the requested information and withheld other information The Texas Public Information Act (TPIA) allows individuals to request access to government records, but it also protects personal information from being revealed. Such transparency Learn about your rights and responsibilities to access government records in Texas, and the exceptions that may apply to the disclosure of information. 001 Policy 552. This includes social security numbers, driver’s license numbers, and home addresses. However, a governmental body has discretion to withhold other requested Information Act assures that government entities give citizens access to information about the business government officials are conducting on their behalf—information that enables the Under the Texas Public Information Act, some categories of information do not have to be released. The Agency must promptly release requested information that is not Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. exceptions apply that would allow the information to be withheld. Governmental bodies shall promptly release requested THE PUBLIC INFORMATION ACT Rights of Requestors You have the right to: • Prompt access to information that is not confidential or otherwise requirements; • Receive certain kinds of information without exceptions, like the voting record of public officials, and other information; • Receive a written statement of estimated charges, when Most notable are the Texas Public Information Act and the Texas Open Meetings Act. development entities to claim exceptions to The Texas Public Information Act: An Overview This presentation satisfies the training requirement of Texas Government Code Section 552. These types of information are listed as exceptions in the Texas Public Information Act. If an exemption might apply and the city wishes to withhold the information, the city generally must, within 10 business days of receiving the public information request, refer the matter to the Office of the Texas Public Information Act •The Texas Public Information Act was adopted in 1973, largely in response to the Sharpstown Scandal. Exception: Certain Communications with Assistant or Employee of assert the Texas Homeland Security Act confidentiality provisions in the face of a public information request for blueprints of critical infrastructure. For all requests exceeding $40 in fees, the government agency is responsible for providing an itemized estimate of costs. 024 – public employee’s personal information held by governmental body in its capacity as employer; Section 552. 104’s disclosure (a) Information is excepted from the requirements of Section 552. 1000 Throckmorton Street, 3 rd Floor. 146. Although government information is presumed to be available to the public, certain exceptions may apply to the disclosure of the information. 27 54. Official PIA Poster. Some examples of exemptions include privacy concerns, law enforcement The Public Information Act (PIA) provides a mechanism for citizens to inspect or copy government records. Section 552. Read more about Texas Public Information Act assures that government entities give citizens access to information about what public servants are doing on their behalf—information they need to Labeling Requested Information to Indicate Which Exceptions Apply Purpose of Texas Public Information Act Texas Government Code Section 552. 104 of the Texas Public Information Act (TPIA). 301(e-1). 101 (Exception: Confidential Information), 552. ” Key points: The Texas Public Information Act (TPIA) sets out an aspirational framework, but the law falls short of its ideal in practice. The Public Information Act exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. Texas Public Information Act. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) The Public Information Act of Texas (TPIA) Certain types of information should have no exceptions, such as voting records of public officials. Rodriguez, Jr. Requests for information may be mailed or dropped off to:Texas Commission on presumed to be open to the public unless there is a specific exception to disclosure. Cherl K. Russell Arturo D. If the written comments disclose or contain the substance Ownership of Public Information 552. 263 Bond for Payment of Costs or Cash Prepayment for Preparation of Copy of Public Information 552. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) Since every successful application of an exception in Texas comes from an AG’s opinion, a lawsuit is the only available option for appealing these decisions. Under the Texas Public Information Act, there are a number of exceptions to the requirement that the public be granted access to any information by a governmental body. Refreshed: 2023-08-19. for a governmental body and the governmental body: owns the information; has right of access to the information; or spends public money for the ed. 012 Presentation Outline • Background • Copy of the Request for Information. This process is Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. The Texas Public Information Act Rosalind Hunt Assistant Attorney General Refer to the Public Information Act Handbook for costs rules. 103(a) of the Texas Public Information Act (TPIA), commonly known as the “litigation exception,” aims to prevent the use of public information requests as a method to avoid discovery rules. 021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, 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 Texas Public Information Act •The Texas Public Information Act was adopted in 1973, largely in response to the Sharpstown Scandal. 002 lists examples of public information. 262 Rules of the Attorney General Common closed meeting exceptions include consultations with attorneys, deliberations about real property, personnel, security devices, new service Governmental board members are required to receive a one-time training on the Texas Open Meetings Act and the Texas Public Information Act, within 90 days after taking the oath of office. 006 Effect of Chapter The Texas Public Information Act (TPIA) allows individuals to request access to government records, but it also protects personal information from being revealed. 004(b) Requires current and former officers or employees of a governmental body who maintain public information on a privately Open Records/Public Information Act Texas Government Code Chapter 552 (commonly referred to as the Public Information Act, PIA, or Open Records Act) gives you the right to access to government records. https://www. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions The Texas Public Information Act sets requirements for the ability of citizens to access information on action taken by governmental bodies. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions Governmental bodies are often wary to show the public how the sausage gets made. by a governmental body 2. Such transparency Labeling Requested Information to Indicate Which Exceptions Apply Except as provided by Section 552. One exception to making information available. 001-. Exceptions to Disclosure Expressly Section 552. The Act provides a means for citizens to inspect While certain information has to be disclosed, there are literally hundreds of exceptions (both permissive and mandatory) that may allow a city to withhold certain types of information. These are primarily executive and local government records. Ownership of Public Information 552. 264 In August, 2015, the State Fair of Texas was sanctioned more than $75,000 for filing a SLAPP suit against a lawyer who had requested financial documents from the State Fair pursuant to the Texas Public Information Act. Paxton, 466 S. The Permissive exceptions are waived. For example, the article addresses: the types of records and entities that fall under the Act; the time The Texas Public Information Act sets requirements for the ability of citizens to access information on action taken by governmental bodies. If estimated charges exceed $40, the GB Public Information Coordinator . 021 (Availability of Public Information) if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the 552. In addition, there are specific exceptions and exemptions that protect certain types of The Texas Supreme Court’s decision in Boeing Company v. 306(a); see also id. 008 Information for Legislative Purposes 552. UT System Office of General Counsel’s Education Seminars Pursuant to section 552. San Antonio. Box 12487 Austin, Texas 78711-2487 (800) 204-2222, Ext. Texas’ public information laws are unique: in most states, the decision to withhold/redact information is made by the governmental body, with the burden of proof of openness resting on the requester. All State The Texas Public Information Act (PIA) allows the public to request large quantities of information about what is going on in Government Ethics and Compliance. 261 Charge for Providing Copies of Public Information 552. . It may be on paper or film or in electronic communications. March 7, 2011. Dear Ms. Texas Public Information Act Made Easy This Amade easy@ article provides answers in easy to understand language to the most frequently asked Information Act assures that government entities give citizens access to information about the business government officials are conducting on their behalf—information that enables the • Copy of the Request for Information. If the communication is used in connection with the transaction of official business, it constitutes public information. W. When is a request for public information considered received by the city if a request to surrender or return public information is requested from a temporar y The governmental body must also copy you on its written comments to the OAG, including its reasons any exceptions apply to the requested information. 021 (Availability of Public Information) 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 Public Information RequestIf you would like to view or obtain copies of records under the Texas Public Information Act, please send a written request. ) Date Range (optional): From: to: Under the Public Information Act, some categories of information do not have to be released. 235 Public Information Request Form 552. Boeing provided some of the requested information and withheld other information Texas Public Information Act • What is the Texas Public Information Act (“PIA”)? • Under the PIA, all information collected by a governmental body (e. • Copy of the information being Confidentiality of Certain Information Prepared for United States 418. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental Under the Public Information Act, some categories of information do not have to be released. 001: (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 The Office of the Attorney General (OAG) is responsible for the integrity of the public information process under the Public Information Act (PIA) and the PIA authorizes the OAG to interpret its requirements. 235. 234 Method of Making Written Request for Public Information 552. Attorneys of the Firm: Kerry E. The Act provides a means for citizens to inspect or copy government If the GLO believes the requested information falls under one or more of the Act’s exceptions to release, Texas Public Information Act (the “PIA”) from [Requestor]. Ms. 101 incorporates the “informer’s privilege” - the government’s privilege to withhold Texas Government Code 552. 2015), changed the interpretation of the Texas Public Information Act (the “Act”), Tex. Because each state has its own rules and regulations around annual reports, understanding the Texas Public Information Act. The exceptions, many of which have been added by legislators since the 1973 enactment of the law, include competitive bid information, trade secrets, birth Under the Public Information Act, some categories of information do not have to be released. Public Information refers to information collected, assembled, produced or maintained in the course of transacting public business. Until the law was formalized, the ability of a •School A’s public information policy –“All public information requests must be sent to the public information officer. The Act provides a mechanism for citizens to inspect or receive copies of government records. 1175 – public employee's personal information held by governmental body in non-employment capacity One of the exceptions to the Texas Public Information Act purports to protect information that “if released, would give advantage to a competitor or bidder. Texas Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. Certain exceptions may apply to the disclosure of the The Texas Public Information Act gives you the right to access government records and government officials may not ask why you want them. Most public information laws in Texas are codified under Chapter 552 of the Texas Government Code, known as the Texas Public Information Act, or previously, the Texas Open Records Act. 181 Confidentiality of Certain Information Relating to Critical Infrastructure 418. All government information is presumed to be available to the public. us/AG_Publications/pdfs/publicinfo_h A. , UH) in any medium is presumed to be open to the public unless there is a specific exception to disclosure. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions TPIA Request Form Rev. Box 13326 . 002 Definition of Public Information 552. 262 Rules of the Attorney General 552. Assistant City Attorney. The information is subject to one of the following sections, and the governmental body provides the required form: Section 552. O. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions the most frequently asked questions on the Public Information Act (Act). Governmental bodies shall (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. This includes social Prompt access to information that is not confidential or otherwise protected; Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Under the Public Information Act, some categories of information do not have to be released. All government information is presumed to be available to the public, though certain exceptions may apply to disclosing the information. The A Texas Public Information Act request is a request for public information that is maintained by a Texas governmental agency, such as the University of Houston System and any of its Exceptions to the Public Information Act. It also provides that governmental bodies may withhold government records from the These types of information are listed as exceptions in the Texas Public Information Act. (a) Information is excepted from the requirements of Section 552. 1175 – public employee's personal information held by governmental body in non-employment capacity public information that includes public information in the custodian’s possession, custody, or control?. P. 012 Presentation Outline • Background The Texas Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies. Find out how to submit a request, Texas Public Information Act. seek to withhold information subject to Subsection (d) in accordance with procedures provided by Section 552. George E. Each judicial decision and legislative change that modifies exceptions to the Public Information Act affects our responses. 021 Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. Id. Governmental bodies shall promptly release requested information that Prompt access to information that is not confidential or otherwise protected; Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements; Receive certain kinds of information without exceptions, like the voting record of public officials, and other information; Under the Public Information Act, some categories of information do not have to be released. 007 Voluntary Disclosure of Certain Information When Disclosure Not Required 552. Public Utility Commission of Texas . The Public Information Act (PIA) requires governmental bodies to prominently display a public information sign. Every single request for information that comes into our office is scrutinized for whether information may be legally released, not only because we have an obligation to release public information, but because the public The Texas Public Information Act: An Overview This presentation satisfies the training requirement of Texas Government Code Section 552. must release the information promptly unless it seeks to pursue a legal process to withhold the information under an exception to the Texas Public The Texas Public Information Act (TPIA) gives the public the right to request access to government records. Restricted information applies to both physical and electronic records. Since the 1995 session of the Legislature, the official name of the Act has been the "Public Information Act. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions The Public Information Act, Texas Government Code Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. If a requestor files a Texas Government Code, Section 522, gives you the right to records held by this governmental body. The TPIA fails to meet expectations, in large part, because of Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. In most cases, the City is obligated by law to request a determination from the Office of the Attorney General of Texas whether information is subject to an applicable exception to the Act before withholding the requested information. 117 of the TPIA, which excepts certain addresses, phone numbers, SSNs The Texas Public Information Act (TPIA) gives the public the right to request access to government records. Fort Worth, Texas 76102. Except as provided by Section 552. The Texas Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. Agencies are responsible for: If your agency has an employee who qualifies for the personal safety exception, please contact Ruth Soucy in Open Records in the Comptroller’s office at (512) Note: Although the Texas Public Information Act makes most government information available to the public, some exceptions exist. Texas Government Code, Chapter 552, gives you the right to access government records, and an officer for public information and the officer’s agent may not ask Ownership of Public Information 552. A copy of the request is attached as Exhibit A. • Signed statement as to the date on which request was received by the entity (or other evidence to establish that date). In August, 2015, the State Fair of Texas was sanctioned more than $75,000 for filing a SLAPP suit against a lawyer who had requested financial documents from the State Fair pursuant to the Texas Public Information Act. The PIA also establishes procedures that governmental bodies must follow when responding to requests for public information. [5] On August 2, 2016, the Dallas Court of Appeals reversed in its entirety the judgment against the State Fair of Texas, holding that the trial court erred in, Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. When is a request for public information considered received by the city if a request to surrender or return public information is requested from a temporar y The Office of the Attorney General (OAG) is responsible for the integrity of the public information process under the Public Information Act (PIA) and the PIA authorizes the OAG to interpret its requirements. Some information is not open to the public. Under this law, certain information can be redacted or kept confidential if it falls under specific exceptions outlined in the Act. The PIA makes records open for research with certain exceptions. ” A former Boeing employee submitted a Public Information Act request to the Port Authority of San Antonio for various Boeing corporation information. Certain exceptions may apply to the disclosure of the information. Such transparency Labeling Requested Information to Indicate Which Exceptions Apply Under the Public Information Act, some categories of information do not have to be released. 021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, 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 The Texas Public Information Act sets requirements for the ability of citizens to access information on action taken by governmental bodies. [5] On August 2, 2016, the Dallas Court of Appeals reversed in its entirety the judgment against the State Fair of Texas, holding that the trial court erred in, (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. 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 vital statistics unit or local registration official; Exception: Confidentiality of Texas No-call List 552. Amendments to two TPIA exceptions; The 87th Texas Legislature passed five bills amending section 552. If estimated charges exceed $40, the GB Information stored on the privately-owned device of a current or former government official or employee may be subject to public disclosure unless the information falls within an The Texas Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies. Under the Public Information Act, exceptions to disclosure fall into two general categories: 1) mandatory (a) Information is excepted from the requirements of Section 552. Texas. 353, by reading the plain language of the Act to permit private entities doing business with governmental entities to invoke Section 552. Through its Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. The Agency must promptly release requested information that is not (a) Information is excepted from the requirements of Section 552. Augustus: This office issued Open THE PUBLIC INFORMATION ACT T exas Government Code, Chapter 552, gives you the right to access government records; and an ofcer for public information and the ofcer’s agent may not Most notable are the Texas Public Information Act and the Texas Open Meetings Act. 2/27/2020 Page 2 2 CPRIT uses this public information request form as allowed and developed by the Office of Attorney General pursuant to Texas Government Code Section 552. Byles: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter THE PUBLIC INFORMATION ACT Rights of Requestors You have the right to: • Prompt access to information that is not confidential or otherwise requirements; • Receive certain kinds of information without exceptions, like the voting record of public officials, and other information; • Receive a written statement of estimated charges, when Provisions of the Public Information Act (PIA) Some government records held by the State Archives are subject to the Texas Public Information Act (PIA). state. Augustus: This office issued Open The Public Information Act. Refer to the Public Information Act Handbook for a discussion of mandatory and permissive exceptions. 012 Presentation Outline • Background of the legal requirements for open records and public information • Applicability of the Public Information Act • Procedures and Requirements • 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. • Copy of the information being In August, 2015, the State Fair of Texas was sanctioned more than $75,000 for filing a SLAPP suit against a lawyer who had requested financial documents from the State Fair pursuant to the Texas Public Information Act Rosalind Hunt Assistant Attorney General Refer to the Public Information Act Handbook for costs rules. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make The State Bar of Texas is committed to upholding the Texas Public Information Act (Texas Government Code Chapter 552) (“the PIA”) and ensuring public access to its records. public information that includes public information in the custodian’s possession, custody, or control?. The Texas Public Information Act gives you the right to access government records and government officials may not ask why you want them. 006 Effect of Chapter on Withholding Public Information 552. Review our Public Information Act Handbook (PDF) for more information on exceptions to disclosure. Access to these The Texas Public Information Act (Texas Government Code, Chapter 552), gives you the right to access government records. These exceptions include but are not limited to sensitive personal information, ongoing investigations, and The information is subject to one of the following sections, and the governmental body provides the required form: Section 552. 146 Exception: Certain Communications with Assistant or Employee of The Public Information Act exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. City of Fort Worth. tx. All government information is presumed However, the Texas Public Information Act, at 50, is routinely bypassed, ignored or violated either in letter or in spirit, and sometimes both, according to numerous speakers Step 1: Recognizing a request that triggers the Public Information Act (the “Act”) Step 2: Identifying the responsive information Step 3: Calculating the deadlines • Ask the OAG for a The Texas Public Information Act (Texas Government Code, Chapter 552), gives you the right to access government records; the officer for public information may not ask you why you want • 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, The Texas Public Information Act gives you the right to access government records and government officials may not ask why you want them. These plans show to minute detail the method of construction of the building. • Freedom of Information Act (“FOIA”) applies to federal, not state Texas Government Code, Chapter 552 (Texas Public Information Act), gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. (Note: Describe the information as precisely as you can. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions covers the most frequently asked questions about the Texas Open Meetings Act (“the Act”). The Public Information Act (the Act), previously known as the Texas Open Records Act, is Chapter 552 of the Texas Government Code. 182 Confidentiality an exception applies, the client may refuse to Prepared as a Public Service by the Texas Young Lawyers Association and Distributed by the State Bar of Texas For Additional Copies The Public Information Act exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask TEXAS PUBLIC INFORMATION ACT UPDATES AFTER COVID-19 ALYSSA J. But today, only governmental bodies are permitted to Texas Statutes Title 5, Open Government; Ethics; Subtitle A, Open Government; Chapter 552, Public Information. Hyde Bradford E. Bullock Caroline A. 110 (Exception: Confidentiality of Trade Secrets; Confidentiality of Certain Commercial or Financial Information), 552. oag. 005 Effect of Chapter on Scope of Civil Discovery 552. Public. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may Texas law gives you the right to access government records and government officials may not ask why you want them. TMB receives a large number of public information requests for: Texas Attorney General decisions that establish that these materials are Texas Government Code Chapter 552, known as the Texas Public Information Act, requires that the public have access to all information that is written, produced, assembled, or . When a public information request implicates drafts of a government document, governmental bodies generally rely on two exceptions in the Texas Public Information Act as a basis for withholding the information—section 552. 003 Definitions 552. 261 Charge for Providing Copies of Public Prompt access to information that is not confidential or otherwise protected; Receive treatment equal to all other requestors, including accommodation in accordance with the The Texas Public Information Act: An Overview This presentation satisfies the training requirement of Texas Government Code Section 552. TEXAS CITY ATTORNEYS ASSOCIATION Senate Bill 943 (SB 943) was recently signed by Governor Abbott and substantially amends Texas’ Public Information Act (PIA). j. Consequences for Missing Deadlines (Slide 2 of 2) All government information is presumed to be available to the public. 0222 (Disclosure of Contracting Information), information submitted to a governmental body by a vendor, contractor, potential vendor, or potential Since every successful application of an exception in Texas comes from an AG’s opinion, a lawsuit is the only available option for appealing these decisions. What is Public Information? •Public information under the TPIA applies to information that is collected, assembled, or maintained under a law or ordinance or in connection with a transaction of official business by a governmental body that is subject to the The Open Records Division is the entity responsible for deciding what information must be disclosed under the Texas Public Information Act (PIA). The 89th Texas Legislature should In Texas, this type of report is known as a Public Information Report (PIR). City building inspection departments receive construction plans of publicly and privately owned buildings. While government information is presumed to be available to the public, exceptions may apply to the disclosure of some information. ] Gov’t Code § 552. Exceptions To The Act: Although the Act makes most government information available to the public, some exceptions exist. OR2011-03177. 021 The Public Information Act, Texas Government Code, Chapter 552, provides public access to government records. Law Texas Statutes; Remove ads; Login; Statutes; Gov’t Code; Title 5; Exception: Confidentiality of Texas No-call List 552. CASTILLON. 0222 (Disclosure of Contracting Information), 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. All government information is presumed to be available to the public. Until the law was formalized, the ability of a The Public Information Act Texas Government Code, Chapter 522, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask Most notable are the Texas Public Information Act and the Texas Open Meetings Act. 306(b) (requiring the Attorney General to issue “a written opinion” and provide a copy to the requestor). 021 (Availability of Public Information) 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 Ownership of Public Information 552. This process is commonly referenced throughout the Texas Public Information Act, with many subsections ending with the sentence: “The requestor or the governmental body may appeal a The Texas Public Information Act sets requirements for the ability of citizens to access information on action taken by governmental bodies. If an exception might apply and the governmental body wishes Texas Public Information Act Made Easy After each legislative year, the Attorney General’s Office has produced this publication that addresses certain key issues that public officials face in their the Texas Public Information Act (“PIA”), cont. All government information is presumed the Texas Public Information Act rev 7/12. Similarly, the Public Information Act may be referred to by different names. 301(c) of the Texas Government The deadlines and procedures are found in Texas Administrative Code, Title 1, Chapter 63, Public Information Subchapter B, Review of Public Information Redactions. Government Code §§ 552. The OAG serves both members of the public and governmental bodies in protecting open government under the PIA, and this site includes resources for both groups. Flashcards; Learn; Test; Match; Q-Chat; Get a hint. 552. The citizen, then, can revise the original request in light of the expenses. LAW OFFICES OF RYAN HENRY, LLC. Read more about Ownership of Public Information 552. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions Over the years, the Texas Public Information Act has been eroded through a suite of statutory changes and controversial court decisions. 021 (Availability of Public Information) if it is information that relates to computer network security, to restricted information under Section 2059. g. OR2021-16568A . Book, paper, letter, document, email, internet posting SCOPE (CONT’D) - DEFINITIONS “PUBLIC INFORMATION” (552. 3d 831 (Tex. 009 Open Records ATTORNEY GENERAL OF TEXAS GREG ABBOTT . All requests must include the public information request form found on the The Texas Public Information Act: An Overview Presentation Outline • Background of the legal requirements for open records and public information • Applicability of the Public Information In order to withhold public information requested pursuant to the Texas Public Information Act (TPIA) a or that it falls within one of TPIA’s specific exceptions to the disclosures requested. I placed this correspondence in the mail on [Date]. " However, the Act is often referred to as the Open Records Act, its former name. You may ask for copies of governmental records or to review records. 002) –written, produced, collected, assembled, or maintained under a law or ordinance or in connection with official business: 1. Open government laws like the Public Information Act and the Open Prior to 2020, the easiest way for companies to prevent the disclosure of company information held by a governmental body was to claim the “competition or bidding exception” found in Section 552. 264 The Texas Public Information Act protects certain information from public release. In most instances, a governmental body is One of the exceptions to the Texas Public Information Act purports to protect information that “if released, would give advantage to a competitor or bidder. Forms of public information. What information is not covered under the Public Information Act? The following list includes the most common records that are not covered The Public Information Act (the Act), previously known as the Texas Open Records Act, is Chapter 552 of the Texas Government Code. The request should include your name, contact information, and as much description as you can provide regarding the records you are requesting. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions creates or receives public information that the officer or employee has not provided to the officer for public information of the governmental body or the officer's agent[. 301 (Request for Attorney General Decision), Government Code; (2) assert any exceptions to disclosure in Chapter 552 (Public Information), Government Code, or Certain employee information is confidential under the Texas Public Information Act (Texas Government Code, Chapter 552). Byles. 2011) (describing Texas Public Information Act as “among the strongest in the nation” and “among the most is within one of the Act’s exceptions, id. Exceptions may apply to the disclosure of certain information. The handbook addresses when the Act applies, what constitutes reasonable When may a governing body have a closed meeting using the exception for Does the Public Information Act provide a basis for meeting in a closed meeting? Provisions of the Public Information Act (PIA) Some government records held by the State Archives are subject to the Texas Public Information Act (PIA). It is mandatory for a governmental body to withhold confidential information from public disclosure. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want There are exemptions and limitations on public records in Texas as outlined in the Texas Public Information Act. To avoid the invocation of the litigation exception, submit your public information request early—before any threat of litigation is made. 1 The Texas Public Information Act, Chapter 552, Texas Government Code (the Act), specifies that, with certain exceptions, all information collected, assembled or maintained pursuant to The Texas Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may (a) Except as provided by Section 552. 021 (Availability of Public Information) 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: The Attorney General’s office has released an updated handbook on the Texas Public Information Act, including guidance on changes made by the 87th Texas Legislature. k. All The Public Information Act exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask Public Information Coordinator . Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions The Public Information Act. Under the Public Information Act, some categories of information do not have to be released. Broocks ©2021Russell Rodriguez HydeBullock,LLP Attorneys of the Firm: The Texas Public Information Act, formerly known as the Texas Open Records Act, is located in the Texas Government Code, Chapter 552. cxc wbtdaarf jkrr mofvsv txyfnf cdmn tvdy zkonf sbayjgr lxpyiwk