GCB LEGAL
PUBLIC INFORMATION PROGRAM: REQUESTS FOR INFORMATION
Table of Contents | Section I: Officer for Public Information and Required Notices3 Duties ........................................................................................ 3 Public Information Act Training .................................................. 3 Sign ........................................................................................... 4 Section II: Access to Public Information ................................... 5 Procedural Rules ....................................................................... 5 Submission of Written Requests ................................................ 5 Treatment of Requests .............................................................. 6 Requests for Contracting Information ........................................ 6 Location of Access..................................................................... 7 Time for Response .................................................................... 7 Requests to Clarify or Narrow .................................................. 10 Time for Examination ................................................................ 11 Request Considered Withdrawn .............................................. 12 No Information Responsive to a Request ................................ 12 Information Subject to a Previous Determination ..................... 12 Electronic Data ........................................................................ 12 Repetitious or Redundant Requests ........................................ 14 Failure to Respond to a Requestor .......................................... 15 Section III: Attorney General Decisions................................16 Time for Request ..................................................................16 Calculating Timelines ............................................................17 Previous Determinations ......................................................17 Exception—Contracting Information .....................................23 Response After Issuance of Attorney General Opinion .........24 Section IV: Charges Regarding Public Information Requests ................................................................................................26 50 Pages or Less .................................................................26 Statement of Labor Costs .....................................................26 Attorney General’s Rules ......................................................26 Exemptions ..........................................................................27 Statement of Estimated Charges ..........................................27 Deposit or Bond ....................................................................29 Unpaid Amounts ...................................................................30 Documentation of Unpaid Amounts ......................................30 Waivers ................................................................................30 Government Publication .......................................................31 Section V: Inspection of Public Information.........................31 Confidential Information ........................................................31 Payment, Deposit, or Bond ...................................................31 Electronic Records ...............................................................32 Section VI: Miscellaneous Provisions ..................................33 Public Information on a Privately-Owned Device ..................33 Public Information Maintained by Temporary Custodians ......33 Production of Public Information During Office Closure ..................34 Temporary Suspension of Requirements During Catastrophe..........34 Large or Frequent Requests .................................................36 Filing Suit to Withhold Information ........................................39 Requests for Body-Worn Camera Recordings ......................39 |
Note: For records retention under the Local Government Records Act, see CIA. | |
Section I: Officer for Public Information and Required Notices | The chief administrative officer of a governmental body, including a college district, is the officer for public information. Each department head is an agent of the officer for public information for purposes of complying with the Public Information Act (PIA), Government Code Chapter 552. Gov’t Code 552.201(a), .202 |
Duties | An officer for public information is responsible for the release of public information as required by the PIA. Each officer for public information, subject to penalties provided by the PIA, shall: 1. Make public information available for public inspection and copying; 2. Carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal; 3. Repair, renovate, or rebind public information as necessary to maintain it properly; and 4. Make reasonable efforts to obtain public information from a temporary custodian if: a. The information has been requested from the governmental body; b. The officer for public information is aware of facts sufficient to warrant a reasonable belief that the temporary custodian has possession, custody, or control of the information; c. The officer for public information is unable to comply with the duties imposed by this chapter without obtaining the information from the temporary custodian; and d. The temporary custodian has not provided the information to the officer for public information or the officer’s agent. The officer is not responsible for the use made of the information by the requestor or 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. Gov’t Code 552.203-.204 [See CIA] |
Public Information Act Training | The officer for public information of a governmental body shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body with which the official serves and its officers and employees under the PIA not later than the 90th day after the date the public official assumes the person's duties as a public official. The attorney general shall ensure that the training is made available. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. A governmental body shall maintain and make available for public inspection the record of the public information coordinator’s completion of the training. A public official may designate a public information coordinator to satisfy the training requirements for the public official if the public information coordinator is primarily responsible for administering the responsibilities of the public official or governmental body under the PIA. Gov’t Code 552.012(a)-(b), (c)-(e) |
Required Training After Public Information Act Violation | The attorney general may require each public official of a governmental body to complete the course of training if the attorney general determines that the governmental body has failed to comply with a requirement of the PIA. The attorney general must notify each public official in writing of the attorney general’s determination and the requirement to complete the training. A public official who receives notice from the attorney general under this provision must complete the training not later than the 60th day after the date the official receives the notice. Gov’t Code 552.012(b-1) |
Sign | An officer for public information shall prominently display a sign in the form prescribed by the attorney general that contains basic information about the rights of a requestor, the responsibilities of a governmental body, including a college district, and the procedures for inspecting or obtaining a copy of public information under the PIA. 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 the PIA; and 2. Employees of the governmental body whose duties include receiving or responding to requests under the PIA. Gov’t Code 552.205(a) |
Section II: Access to Public Information Procedural Rules | A governmental body, including a college district, may promulgate reasonable rules of procedure by which public information may be inspected and copied efficiently, safely, and without delay. The rules may not be inconsistent with any provision of the PIA. Gov’t Code 552.230 It shall be the 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. Gov’t Code 552.228(a) |
Submission of Written Requests | A person may make a written request for public information only by delivering the request by one of the following methods to the applicable officer for public information or a person designated by that officer: 1. U.S. mail, electronic mail, hand delivery; or 2. Any other appropriate method approved by the governmental body, including: a. Facsimile transmission; and b. Electronic submission through the governmental body’s internet website. A governmental body is considered to have approved a method described above only if the governmental body includes a statement that a request for public information may be made by that method on the PIA sign required to be displayed or the governmental body’s internet website. Gov’t Code 552.234(a)-(b) |
Designated Address | A governmental body may designate one mailing address and one electronic mail address for receiving written requests for public information. The governmental body shall provide the designated mailing address and electronic mailing address to any person on request. A governmental body that posts the mailing address and electronic mail address designated by the governmental body as above on the governmental body’s internet website or that prints those addresses on the PIA sign required to be displayed is not required to respond to a written request for public information unless the request is received: 1. At one of those addresses; 2. By hand delivery; or 3. By a method described by Government Code 552.234(a)(4) that has been approved by the governmental body. Not later than October 1 of each year, each governmental body shall notify the attorney general of the current mailing address and electronic mail address designated by the governmental body for receiving written requests for public information. Gov’t Code 552.234(c)-(e) |
Request Form | A governmental body that allows requestors to use the attorney general form described by Government Code 552.235(a) and maintains an internet website shall post the form on its website. Gov’t Code 552.235(b) |
Treatment of Requests | The officer for public information or the officer’s agent may not make an inquiry of a requestor except to establish proper identification or to ask the requestor to narrow or clarify the request as provided by Government Code 552.222(b) or (c) [see Requests to Clarify or Narrow, below]. The officer for public information or 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. 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 the PIA. Gov’t Code 552.222(a), .223-.224 |
Requests for Contracting Information | Government Code 552.371 applies to an entity that is not a governmental body that executes a contract with a governmental body that: 1. Has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body; or 2. Results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body. Section 552.371 applies to a written request for public information received by a governmental body that is a contract described above for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the governmental body. Gov’t Code 552.371(a)-(b) |
Request to Contracting Entity | A governmental body that receives a written request for information described above shall request that the entity provide the information to the governmental body. The governmental body must send the request in writing to the entity not later than the third business day after the date the governmental body receives the written request described above. [See CM for more information on disclosing construction contract evaluation documents to offeror] Gov’t Code 552.371(c) |
Location of Access | An officer for public information complies with the request to promptly produce public information under the PIA by: 1. Providing the information for inspection or duplication in the offices of the governmental body [see Time for Examination, below]; or 2. Sending copies of the public information by first class U.S. 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 Government Code Chapter 552, Subchapter F [see Costs and Charges, below]. The PIA does not authorize a requestor to remove an original copy of a public record from the office of a governmental body. Gov’t Code 552.221(b), .226 |
Online Access | In addition to the methods of production described by Government Code 552.221(b), an officer for public information for a governmental body complies with Government Code 552.221(a) by referring a requestor to an exact internet location or uniform resource locator (URL) address on a website maintained by the governmental body and accessible to the public if the requested information is identifiable and readily available on that website. If the person requesting the information prefers a manner other than access through the URL, the governmental body must supply the information in the manner required by Section 552.221(b). If an officer for public information for a governmental body provides by email an internet location or URL address as permitted above, the email must contain a statement in a conspicuous font clearly indicating that the requestor may nonetheless access the requested information by inspection or duplication or by receipt through United States mail, as provided by Section 552.221(b). Gov’t Code 552.221(b-1)-(b-2) |
Time for Response | 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. “Promptly” means as soon as possible under the circumstances, that is, within a reasonable time, without delay. A governmental body, including a college district, may not automatically withhold for 10 business days public information not excepted from disclosure. If an officer for public information cannot produce the public information for inspection or duplication within 10 business days after the date the information is requested, 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. If the requested information is unavailable at the time of the request to examine because it is in active use or in storage, the officer for public information shall certify this 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. Gov’t Code 552.221(a), (c)-(d); Atty. Gen. ORD-664 (2000) |
Business Day | In the PIA, “business day” means a day other than a Saturday or Sunday, a national holiday under Government Code 662.003(a), or a state holiday under Government Code 662.003(b). The fact that an employee works from an alternative work site does not affect whether a day is considered a business day. Rosh Hashanah, Yom Kippur, or Good Friday are not business days of a governmental body if the officer for public information of the governmental body observes those optional holidays. The Friday before or Monday after a national or state holiday is not a business day of a governmental body if the holiday occurs on a Saturday or Sunday and the governmental body observes the holiday on that Friday or Monday. Gov’t Code 552.0031(a)-(c), (e); 662.003(c) |
Designated Nonbusiness Day | A governmental body may designate a day on which the governmental body’s administrative offices are closed or operating with minimal staffing as a nonbusiness day. The designation of a nonbusiness day for a governmental body must be made by the executive director or other chief administrative officer. A governmental body may designate not more than 10 nonbusiness days under this provision each calendar year. Gov’t Code 552.0031(f) |
National Holidays | A national holiday includes only the following days: 1. The first day of January, “New Year’s Day”; 2. The third Monday in January, “Martin Luther King, Jr., Day” in observance of the birthday of Dr. Martin Luther King, Jr.; 3. The third Monday in February, “President’s Day”; 4. The last Monday in May, “Memorial Day”; 5. The fourth day of July, “Independence Day”; 6. The first Monday in September, “Labor Day”; 7. The 11th day of November, “Veteran’s Day,” dedicated to the cause of world peace and to honoring the veterans of all wars in which Texans and other Americans have fought; 8. The fourth Thursday in November, “Thanksgiving Day”; and 9. The 25th day of December, “Christmas Day.” Gov’t Code 662.003(a) |
State Holidays | A state holiday includes only the following days: 1. The 19th day of January, “Confederate Heroes Day,” in honor of Jefferson Davis, Robert E. Lee, and other Confederate Heroes; 2. The second day of March, “Texas Independence Day”; 3. The 21st day of April, “San Jacinto Day”; 4. The 19th day of June, “Emancipation Day in Texas,” in honor of the emancipation of the slaves in Texas in 1865; 5. The 27th day of August, “Lyndon Baines Johnson Day,” in observance of the birthday of Lyndon Baines Johnson; 6. The Friday after Thanksgiving Day; 7. The 24th day of December; and 8. The 26th day of December. Gov’t Code 662.003(b) |
Release of Deidentified Information | An agency of this state, including a college district, shall provide written notice to a person to whom the agency releases deidentified information that the information is deidentified information. "Deidentified information" means information with respect to which the holder of the information has made a good faith effort to remove all personal identifying information or other information that may be used by itself or in combination with other information to identify the subject of the information. The term includes aggregate statistics, redacted information, information for which random or fictitious alternatives have been substituted for personal identifying information, and information for which personal identifying information has been encrypted and for which the encryption key is maintained by a person otherwise authorized to have access to the information in an identifiable format. "Personal identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's: 1. Name, social security number, date of birth, or government-issued identification number; 2. Mother's maiden name; 3. Unique biometric data, including the individual's fingerprint, voice print, and retina or iris image; 4. Unique electronic identification number, address, or routing code; and 5. Telecommunication access device as defined by Penal Code 32.51. Business and Commerce Code 506.001(2)-(3), .002(a),521.002(a)(1) |
Requests to Clarify or Narrow | 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, including a college district, 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 the information will be used. Gov’t Code 552.222(b) |
Motor Vehicle Record | 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 Transportation Code Chapter 730. "Motor vehicle record" has the meaning assigned that term by Transportation Code 730.003. Gov’t Code 552.222(c) |
Request Considered Withdrawn | If, by the 61st day after the governmental body sends the written request for clarification or discussion under Government Code 552.222(b) or an officer for public information or agent sends a written request for additional information under Government Code 552.222(c) the governmental body, officer for public information, or agent, as applicable, does not receive a written response from the requestor, the underlying request for public information is considered to have been withdrawn by the requestor. A written request for clarification or discussion on the written request for additional information must include a statement as to the consequences of failure by the requestor to timely respond to the request for clarification, discussion, or additional information. Gov’t Code 552.222(d)-(e) |
Responding by Mail or Email | If the requestor’s request for public information included the requestor’s physical or mailing address, the request may not be considered withdrawn unless the governmental body, or officer for public information, or agent, as applicable, sends the request for clarification or discussion on the written request for additional information to that address by certified mail. If the requestor's request for public information was sent by electronic mail, the request may be considered to have been withdrawn if: 1. The governmental body, officer for public information, or agent, as applicable, sends the request for clarification or discussion or the written request for additional information by electronic mail to the same electronic mail address from which the original request was sent or to another electronic mail address provided by the requestor; and 2. The governmental body, officer for public information, or agent, as applicable, does not receive from the requestor a written response or response by electronic mail within the period described by Government Code 552.222(d). Gov’t Code 552.222(f)-(g) |
Time for Examination | A requestor must complete the examination of the information not later than the 10th business day after the date the custodian of the information makes it available. If the requestor does not complete the examination of information within 10 business days after the date the custodian of the information makes the information available and does not file a request for additional time, the requestor is considered to have withdrawn the request. The officer for public information shall extend the initial examination period by an additional 10 business 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 business days if, within the first additional period, the requestor files with the officer for public information a written request for more additional time. 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, including a college district. The period of interruption is not considered to be a part of the time during which the person may examine the information. Gov’t Code 552.225 |
No Information Responsive to a Request | If the governmental body determines it has no information responsive to a request for information, the officer for public information shall notify the requestor in writing not later than the 10th business day after the date the request is received. Gov’t Code 552.221(f) |
Information Subject to a Previous Determination | If a governmental body determines the requested information is subject to a previous determination that permits or requires the governmental body to withhold the requested information, the officer for public information shall, not later than the 10th business day after the date the request is received: 1. Notify the requestor in writing that the information is being withheld; and 2. Identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information. Gov’t Code 552.221(g) |
Electronic Data | If public information exists in an electronic or magnetic medium, the requestor may request a copy in an electronic medium, such as on diskette or on magnetic tape. A governmental body, including a college district, 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 will not violate the terms of any copyright agreement between the governmental body and a third party. If a governmental body is unable to comply with a request to produce a copy of information in a requested medium for any of these reasons, the governmental body shall provide a copy in another medium that is acceptable to the requestor. A governmental body is not required to copy information onto a diskette or other material provided by the requestor but may use its own supplies. Gov’t Code 552.228(b)-(c) |
Requests Requiring Programming or Manipulation | A governmental body shall provide the requestor a written statement described below, 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. The written statement must include: 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 attorney general under the PIA [see GCB(EXHIBIT)]; and 5. A statement of the anticipated time required to provide the information in the requested form. Gov’t Code 552.231(a)-(b) |
Response Time When Programming or Manipulation Is Required | The governmental body shall provide the written statement to the requestor within 20 days after the date of the governmental body’s receipt of the request. The governmental body has an additional 10 days to provide the statement if the governmental body gives written notice to the requestor, within 20 days after the date of receipt of the request, that the additional time is needed. Gov’t Code 552.231(c) |
Further Action | On providing the written statement to the requestor as described above, 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, unless within 30 days 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. If a requestor does not make a timely written statement, the requestor is considered to have withdrawn the request for information. Gov’t Code 552.231(d)-(d-1) |
Processing of Requests | The officer for public information of a governmental body shall establish policies that assure the expeditious and accurate processing of requests for information that require programming or manipulation of data. A governmental body shall maintain a file containing all written statements issued under the PIA in a readily accessible location. Gov’t Code 552.231(e) |
Repetitious or Redundant Requests | A governmental body, including a college district, 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 the applicable charges under Government Code Chapter 552, 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 Government Code 552.232, except that: 1. Section 552.232 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. If the governmental body selects this option, the governmental body is not required to comply with the procedures described below. Section 552.232 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 been previously furnished or made available to the requestor, including information that was not furnished or made available because the information was redacted or because the information did not exist at the time of an earlier request, shall be treated in the same manner as any other request for public information under the PIA. Gov’t Code 552.232(a), (d) |
Procedures | The governmental body shall certify to the requestor that copies of all or part of the requested information, as applicable, were previously furnished to the requestor or made available to the requestor on payment of applicable charges under Subchapter F. The certification must include: 1. A description of the information for which copies have been previously furnished or made available to the requestor; 2. The date the governmental body received the requestor’s original request for that information; 3. The date the governmental body previously furnished copies 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. Gov’t Code 552.232(b) |
Failure to Respond to a Requestor | If a governmental body fails to respond to a requestor as required by Government Code 552.221, the requestor may send a written complaint to the attorney general. The complaint must include: 1. The original request for information; and 2. Any correspondence received from the governmental body in response to the request. If the attorney general determines a governmental body improperly failed to comply with Government Code 552.221 in connection with a request for which a complaint is made: 1. The attorney general shall notify the governmental body in writing and require the governmental body’s public information officer or the officer’s designee to complete open records training not later than six months after receiving the notification; 2. The governmental body may not assess costs to the requestor for producing information in response to the request; and 3. If the governmental body seeks to withhold information in response to the request, the governmental body must: a. Request an attorney general decision under Government Code 552.301 not later than the fifth business day after the date the governmental body receives the notification from the attorney general; and b. Release the requested information unless there is a compelling reason to withhold the information. Gov’t Code 552.328 |
Section III: Attorney General Decisions | A governmental body, including a college district, 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 to required disclosure under the PIA, must ask for a decision from the attorney general about whether the information is within the exception if there has not been a previous determination about whether the information falls within one of the exceptions [see Submission to Attorney General, below]. Gov’t Code 552.301(a) |
Time for Request | The governmental body must ask for the attorney general’s decision and state the specific exceptions that apply within a reasonable time but not later than the 10th business day after receiving the written request. If a governmental body does not timely request an attorney general decision and provide the requestor with the information required by Government Code 552.301(d) and (e-1) [see, Statement to Requestor, below], 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. Gov’t Code 552.301(b), .302 A governmental body may only request an attorney general decision if the governmental body reasonably believes that the requested information is excepted from required disclosure. Tex. Atty. Gen. ORD-665 (2000) |
Calculating Timelines Receipt of Request from Requestor | For the purposes of Government Code Chapter 552, Subchapter G, regarding attorney general decisions, if a governmental body receives a written request by U.S. mail and cannot adequately establish the actual date on which the governmental body received the request, the written request is considered to have been received by the governmental body on the third business day after the date of the postmark on a properly addressed request. Gov’t Code 552.301(a-1) |
Submission by | Except as provided by Government Code 552.3031, when Subchapter G 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 U.S. 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 with a common or contract carrier within that period. Gov’t Code 552.308(a) |
Electronic Submissions | When Subchapter G requires a request, notice, or other document to be submitted or otherwise given to the attorney general within a specified period, the requirement is met in a timely fashion the document is submitted to the attorney general through the attorney general’s designated electronic filing system within that period. This provision does not affect the right of a person or governmental body to submit information to the attorney general by mail under Government Code 552.308. When Subchapter G requires the attorney general to deliver a notice, decision, or other document within a specified period, the requirement is met in a timely fashion if the document is electronically transferred by the attorney general electronically within that period. Gov’t Code 552.309 |
Previous Determinations Same Information | A governmental body, including a college district, must release the requested information and is prohibited from asking for a decision from the attorney general about whether information requested under the PIA is within an exception under the PIA if 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 the attorney general or a court determined that the information is public information under the PIA that is not excepted. This exception applies to specific information that is again requested from a governmental body after the attorney general has previously issued a decision regarding the precise information or records at issue. The law, facts, and circumstances that formed the basis of the prior ruling must not have since changed. Gov’t Code 552.301(f); Att’y Gen. ORD-673 (2001) |
Exception | A governmental body may ask for another decision from the attorney general concerning the precise information that was at issue in a prior decision made by the attorney general under Subchapter G if: 1. A suit challenging the prior decision was timely filed against the attorney general in accordance with the PIA concerning the precise information at issue; 2. The attorney general determines that the requestor has voluntarily withdrawn the request for the information in writing or has abandoned the request; and 3. The parties agree to dismiss the lawsuit. Gov’t Code 552.301(g) |
Categories of Information | governmental body may rely on a previous determination by the attorney general regarding a specific, clearly delineated category of information if: 1. The previous decision is applicable to the type of governmental body from which the information is requested; 2. The previous decision concludes that the category of information is or is not excepted from public disclosure; 3. The elements of law, fact, and circumstances are met to support the previous decision’s conclusion that the requested records and information at issue are or are not excepted from public disclosure; and 4. The previous decision explicitly provides that the governmental body or bodies to which the decision applies may withhold the information without the necessity of seeking a decision from the attorney general. Att’y Gen. ORD-673 (2001) A governmental body that relies on any previous determination to withhold information from disclosure should notify the requestor in writing of the decision or ruling upon which it is relying. A governmental body may withhold from public disclosure the categories of personnel records listed at Texas Attorney General Open Records Decision 684 (2010). Att’y Gen. ORD-684 (2010) A governmental body may withhold from public disclosure personally identifiable, non-directory information in “education records” as defined in the Family Education Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g [see FL]. Att’y Gen. ORD-634 (1995) |
Statement to Requestor | A governmental body that requests an attorney general decision 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 a governmental body’s written communication to the attorney general discloses the requested information, a redacted copy of that written communication. Gov’t Code 552.301(d) |
Submission to Attorney General | A governmental body that requests an attorney general decision must within a reasonable time but not later than the 15th business day after the date of receiving the written request: 1. Submit to the attorney general all of the following: 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. 2. Label that copy of specific information or of the representative samples to indicate which exceptions apply to which parts of the copy. A governmental body that submits written comments to the attorney general shall send a copy of the comments to the requestor not later than the 15th business day after the governmental body receives the written request. If the written comments disclose or contain the substance of the information requested, the copy of the comments provided to the requestor shall be redacted. Gov’t Code 552.301(e)-(e-1) Unless the information requested is confidential by law, the governmental body may disclose the requested information to the public or the requestor before the attorney general makes a final determination that the requested information is public or, if suit is filed under Chapter 552, 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 Government Code 552.322. Gov’t Code 552.303(a) |
Required Electronic Submission | A governmental body that requests an attorney general decision under Government Code Chapter 552, Subchapter G, must submit the request through the attorney general’s designated electronic filing system. This provision does not apply to a request for an attorney general decision under Subchapter G if: 1. The governmental body requesting the decision has fewer than 16 full-time employees or is located in a county with a population of less than 150,000; 2. The amount or format of responsive information at issue in a particular request makes use of the attorney general’s electronic filing system impractical or impossible; or 3. The request is hand delivered to the office of the attorney general. If a governmental body extends into more than one county, then the governmental body shall use the population of the county in which its central administrative office is located to determine if the above provision is applicable to the governmental body. A governmental body who does not use the attorney general’s designated electronic filing system because it is impractical or impossible shall provide a statement in its request for decision that explains why it was impractical or impossible to use the attorney general’s designated electronic filing system, including the date and approximate time the governmental body attempted submission. Gov’t Code 552.3031; 1 TAC 63.22(h)-(i) |
Definitions | “Impractical” means: 1. The responsive information is in a format the attorney general’s designated electronic filing system cannot accept at the time of filing, and the governmental body cannot otherwise comply with its procedural submission requirements through use of a representative sample under Government Code 552.301(e); or 2. The responsive information is recorded on paper or physical material that would take more than one hour of labor to convert into an electronic format that is compatible with the attorney general’s designated electronic filing system, and the governmental body cannot otherwise comply with its procedural submission requirements through use of a representative sample under Government Code 552.301(e). “Impossible” means: 1. The size of the information attachment exceeds the attorney general’s designated e-filing system’s capacity at the time of filing, and the governmental body cannot otherwise comply with its special procedural submission requirements through use of a representative sample under Government Code 552.301(e); 2. The format of the information is not compatible with the attorney general’s designated e-filing system at the time of filling, cannot be converted without altering the character of the information in a manner that would prevent proper review by the attorney general, and the governmental body cannot otherwise comply with its procedural submission requirements through use of a representative sample under Government Code 552.301(e); 3. The attorney general’s designated e-filing system is down at the time the governmental body attempts to submit the filing; or 4. The governmental body is experiencing a technical outage that prevents it from e-filing at the time of the attempted submission. 1 TAC 63.21(6)-(7) |
Electronic Filing System | A governmental body that requests a decision from the attorney general about whether requested public information is excepted from public disclosure may submit that request for decision to the attorney general through the attorney general's designated electronic filing system. The governmental body's request for decision must comply with the requirements of Government Code 552.301. The deadlines in Government Code 552.301 and 552.303 are met if the governmental body timely submits the required documents and other materials through the attorney general's designated electronic filing system within the time prescribed. The governmental body must comply with the requirements of Government Code 552.301(d) and (e-1) and 552.305 regardless of whether the request for attorney general decision is submitted electronically or through another permissible method of submission. To use the attorney general's designated electronic filing system, the governmental body must agree to and comply with the terms and conditions of use as outlined on the attorney general's designated electronic filing system website. The confidentiality of Government Code 552.3035 applies to information submitted under Section 552.301(e)(1)(D) through the attorney general's designated electronic filing system. Each submission to the attorney general’s designated electronic filing system must pertain to one decision request matter. A governmental body may not combine multiple unrelated decision requests into a single submission through the attorney general’s designated electronic filing system. However, a governmental body may submit a single request for decision for multiple written requests for information if the written requests for information seek information that is: 1. Identical; 2. Based on some or all of the same facts or fact pattern; or 3. Directly related. 1 TAC 63.22 |
Additional Information | 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. The governmental body shall submit the necessary additional information to the attorney general not later than the seventh calendar day after the date the notice is received. If a governmental body does not comply with the attorney general’s request, the information that is the subject of a person's request to the governmental body and regarding which the governmental body fails to timely submit to the attorney general is presumed to be subject to required public disclosure and must be released unless there exists a compelling reason to withhold the information. Gov’t Code 552.303(c)-(e) |
Privacy or Property Interests | In a case in which information is requested and a person’s privacy or property interests may be involved, including a case under Government Code 552.101, 552.110, 552.114, 552.131, or 552.143, a governmental body may decline to release the information for the purpose of requesting an attorney general decision. A person whose interests may be involved, or any other person, may submit in writing to the attorney general the person’s reasons why the information should be withheld or released. The governmental body may, but is not required to, submit its reasons why the information should be withheld or released. Gov’t Code 552.305(a)-(c) |
Notice to Owner of Proprietary Information | If release of a person’s proprietary information may be subject to exception under Government Code 552.101, 552.110, 552.1101, 552.113, 552.131, or 552.143, a governmental body that requests an attorney general decision shall make a good faith attempt to notify that person of the request for the attorney general decision. The notice must: 1. Be in writing and be sent within a reasonable time not later than the 10th business day after the date the governmental body receives the request for information; and 2. Include: a. A copy of any written request for 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, each reason the person has as to why the information should be withheld and a letter, memorandum, or brief in support of that reason. Gov’t Code 552.305(d) |
Exception— Contracting Information | A request for an attorney general’s decision to determine whether contracting information subject to a written request described by Government Code 552.371(b) falls within an exception to disclosure under the PIA is considered timely if made not later than the 13th business day after the date the governmental body receives the written request described above. Gov’t Code 552.371(d)(1) The statement and copy described above [see Statement to Requestor, above] is considered timely if provided to the requestor not later than the 13th business day after the date the governmental body receives the written request. Gov’t Code 552.371(d)(2) A submission and copy described above [see Submission to Attorney General, above] is considered timely if submitted to the attorney general, or sent to the requestor, not later than the 18th business day after the date the governmental body receives the written request. Gov’t Code 552.371(d)(3)-(4) The presumption that information is subject to disclosure [see Time for Request, above] does not apply if the governmental body: 1. Complies with the requirements of Government Code 552.371(c) in a good faith effort to obtain the information from the contracting entity; 2. Is unable to meet a deadline described by Government Code 552.371(d) because the contracting entity failed to provide the information to the governmental body not later than the 13th business day after the day the governmental body received the written request for the information; and 3. Complies with the requirements of those subsections not later than the eighth business day after the governmental body receives the information from the contracting entity. Gov’t Code 552.371(e) Nothing in Government Code 552.371 affects the deadlines or duties of a governmental body under Government Code 552.301 regarding information the governmental body maintains, including contracting information. Gov’t Code 552.371(f) |
Response After Issuance of Attorney General Opinion | A governmental body shall as soon as practicable but within a reasonable period of time after the date the attorney general issues an opinion regarding information requested under the PIA: 1. Provide the requestor of the information an itemized estimate of charges for production of the information if the estimate is required by Government Code 552.2615; 2. If the requested information is voluminous: a. Take the following actions if the governmental body determines that it is able to disclose the information in a single batch: (1) Provide a written certified notice to the requestor and the attorney general that it is impractical or impossible for the governmental body to produce the information within a reasonable period of time; (2) Include in the notice the date and hour that the governmental body will disclose the information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice; and (3) Produce the information at the date and time included in the notice; or b. Take the following actions if the governmental body determines that it is unable to disclose the information in a single batch: (1) Provide a written certified notice to the requestor and the attorney general that it is impractical or impossible for the governmental body to produce the information within a reasonable period of time and in a single batch; (2) Include in the notice the date and hour that the governmental body will disclose the first batch of information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice; (3) Provide a written certified notice to the requestor and the attorney general when each subsequent batch of information is disclosed to the requestor of the date and hour that the governmental body will disclose the next batch of information to the requestor, which may not be later than the 15th business day after the date the governmental body provides the notice; and (4) Produce the requested information at each date and time included in a notice; 3. Produce the information if it is required to be produced; 4. Notify the requestor in writing that the governmental body is withholding the information as authorized by the opinion; or 5. Notify the requestor in writing that the governmental body has filed suit against the attorney general under Government Code 552.324 regarding the information. A governmental body is presumed to have complied with the requirements of Government Code 552.306(c) if the governmental body takes an action under that provision regarding information that is the subject of an opinion issued by the attorney general not later than the 30th day after the date the attorney general issues the opinion. Gov’t Code 552.306(c)-(d) |
Section IV: Charges Regarding Public Information Requests | 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. 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 for inspection. Charges for providing a copy of public information are considered to accrue at the time the governmental body, including a college district, advises the requestor that the copy is available on payment of the applicable charges.
All requests received in one calendar day from an individual may be treated as a single request for purposes of calculating costs. A governmental body may not combine multiple requests from separate individuals who submit requests on behalf of an organization. Gov’t Code 552.261(a), (d)-(e), .262(a) |
50 Pages or Less | 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 two or more separate buildings that are not physically connected with each other or a remote storage facility. 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. Gov’t Code 552.261(a), (c) |
Statement of Labor Costs | If the charge for providing a copy of public information includes costs of labor, the requestor may require the governmental body’s officer for public information or the officer’s agent to provide the requestor with a written statement as to the amount of time that was required to produce and provide the copy. The statement must be signed by the officer for public information or the officer’s agent, and the officer or agent’s name must be typed or legibly printed below the signature. A charge may not be imposed for providing the written statement to the requestor. Gov’t Code 552.261(b) |
Attorney General’s Rules | The rules adopted by the attorney general 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. [See GCB(EXHIBIT)] A governmental body 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 attorney general, unless the governmental body requests an exemption. Gov’t Code 552.262(a); 1 TAC 70.1(b) |
Exemptions | A governmental body may request that it be exempt from part or all of the rules adopted by the attorney general 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 attorney general and must state the reason for the exemption. If the attorney general determines that good cause exists for exempting a governmental body from a part or all of the rules, the attorney general 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 attorney general’s determination. Gov’t Code 552.262(c) |
Statement of Estimated Charges | If a request for a copy of public information will result in the imposition of a charge that exceeds $40, or a request to inspect a paper record will result in the imposition of a charge under Government Code 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. A governmental body must inform the requestor of the responsibilities imposed on the requestor by Government Code 552.2615 and of the rights granted by that entire 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. If the governmental body later determines, but before it makes the copy or the paper record available, that the estimated charges will exceed the charges detailed in the original itemized statement by 20 percent or more, the governmental body shall send to the requestor a written updated itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs. Gov’t Code 552.2615(a), (c) |
Requestor’s Response | A request described by Government Code 552.2615(a), above, is considered to have been withdrawn by the requestor if the requestor does not respond in writing to the itemized statement by informing the governmental body within 10 business days after the date the statement is sent to the requestor that: 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 attorney general a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information. Gov’t Code 552.2615(b) |
Actual Charges | If the actual charges that a governmental body imposes for a copy of public information, or for inspecting a paper record under Government Code 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 original itemized statement. Gov’t Code 552.2615(d) |
Timing of Deadlines | An itemized statement or updated itemized statement is considered to have been sent by the governmental body to the requestor on the date that: 1. The statement is delivered to the requestor in person; 2. The governmental body deposits the properly addressed statement in the U.S. 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. A requestor is considered to have responded to the itemized statement or the updated itemized statement on the date that: 1. The response is delivered to the governmental body in person; 2. The requestor deposits the properly addressed response in the U.S. mail; or 3. The requestor transmits the properly addressed response to the governmental body by electronic mail or facsimile transmission. The time deadlines do not affect the application of a time deadline imposed on a governmental body for requesting a decision by the attorney general under the PIA. Gov’t Code 552.2615(e)-(g) |
Deposit or Bond | An officer for public information or the official’s agent may require a deposit or bond for payment of anticipated costs for the preparation of a copy of public information if: 1. The officer for public information or the officer’s agent has provided the requestor with the written itemized statement required by Government Code 552.2615 [see Statement of Estimated Charges, above] detailing the estimated charge for providing the copy; and 2. The charge for providing the copy of the public information specifically required by the requestor is estimated by the governmental body to exceed $100, if the governmental body has more than 15 full-time employees, or $50, if the governmental body has fewer than 16 full-time employees. The officer for public information or the officer’s agent may not require a deposit or bond as a down payment for copies of public information that the requestor may request in the future. For the purposes of charging for providing copies of public information under Government Code Chapter 552, Subchapter F or for requesting an attorney general’s opinion under Government Code Chapter 552, Subchapter G, 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. A requestor who fails to make a required deposit or post a bond before the 10th business day after the date the deposit or bond is required is considered to have withdrawn the request for the copy of the public information that precipitated the requirement of the deposit or bond. Gov’t Code 552.263(a)-(b), (e)-(f) |
Modified Request | If a requestor modifies the request in response to the requirement of a deposit or bond, the modified request is considered a separate request and is considered received on the date the governmental body receives the written modified request. Gov’t Code 552.263(e-1) |
Unpaid Amounts | 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 the PIA 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. Gov’t Code 552.263(c) A governmental body that receives a request from a requestor who, within the preceding 180 days, has accepted but failed to pay written itemized statements of estimated charges from the governmental body as provided under Government Code 552.261(b) may require the requestor to pay the estimated charges for the request before the request is fulfilled. Gov’t Code 552.2661 |
Documentation of Unpaid Amounts | 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. The documentation is subject to required public disclosure under the PIA. Gov’t Code 552.263(d) |
Waivers | 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 information primarily benefits the general public. 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. Gov’t Code 552.267 |
Government Publication | The cost provisions described above do 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. The governmental body may provide the publication free of charge if state law does not require a certain charge. Gov’t Code 552.270 |
Section V: Inspection of Public Information | 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 set forth below. Gov’t Code 552.271(a) |
Confidential Information | 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. Gov’t Code 552.271(b) |
Payment, Deposit, or Bond | 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 if: 1. The public information specifically requested by the requestor is older than five years or completely fills, or when assembled will completely fill, six or more archival boxes; and 2. The officer for public information or agent estimates that more than five hours will be required to make the information available for inspection. Gov’t Code 552.271(c) |
Certain Small Governmental Bodies | If a governmental body has fewer than 16 full-time employees, the payment, deposit, or bond may be required only if: 1. The public information specifically requested by the requestor is older than three years or completely fills, or when assembled will completely fill, three or more archival boxes; and 2. The officer for public information or the officer’s agent estimates that more than two hours will be required to make the information available for inspection. Gov’t Code 552.271(d) |
Electronic Records | In response to a request to inspect information that exists in an electronic medium and that is not available directly online 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 the PIA. 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. 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 the PIA. 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 other means. Gov’t Code 552.272(a)-(d) |
Section VI: Miscellaneous Provisions Public Information on a Privately- Owned Device | A current or former officer or employee of a governmental body who maintains public information on a privately-owned device shall: 1. Forward or transfer the public information to the governmental body or a governmental body server to be preserved as provided by Government Code 552.004(a); or 2. Preserve the public information in its original form in a backup or archive and on the privately-owned device for the time described under Section 552.004(a). Gov’t Code 552.004(b) [See CIA] |
Public Information Maintained by Temporary Custodians | A temporary custodian with possession, custody, or control of public information shall surrender or return the information to the governmental body not later than the 10th day after the date the officer for public information of the governmental body or the officer’s agent requests the temporary custodian to surrender or return the information. The governmental body is considered to receive the request for that information on the date the information is surrendered or returned to the governmental body. Gov’t Code 552.233(b), (d) |
Disciplinary Action | A temporary custodian’s failure to surrender or return public information is grounds for disciplinary action by the governmental body that employs the temporary custodian or any other applicable penalties provided by the PIA or other law. Gov’t Code 552.233(c) |
Records Retention | The provisions of Government Code Chapter 441 and Local Government Code Title 6, governing the preservation, destruction, or other disposition of records or public information apply to records and public information held by a temporary custodian. [See CIA] Gov’t Code 552.004(c) |
No Property Right to Public Information | A current or former officer or employee of a governmental body does not have, by virtue of the officer’s or employee’s position or former position, a personal or property right to public information the officer or employee created or received while acting in an official capacity. Gov’t Code 552.233(a) “Temporary custodian” means an officer or employee of a governmental body who, in the transaction of official business, 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. The term includes a former officer or employee of a governmental body who created or received public information in the officer’s or employee’s official capacity that has not been provided to the officer for public information of the governmental body or the officer’s agent. Gov’t Code 552.003(7) |
Production of Public Information During Office Closure | If a governmental body closes its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith effort to continue responding to applications for public information, to the extent staff have access to public information responsive to an application, pursuant to the PIA while its administrative offices are closed. Gov’t Code 552.2211(a) |
Temporary Suspension of Requirements During Catastrophe | The requirements of the PIA do not apply to a governmental body during a suspension period determined by the governmental body if the governmental body is currently significantly impacted by a catastrophe such that the catastrophe directly causes the inability of a governmental body to comply with the requirements of the PIA and complies with the requirements of Government Code 552.2325. Gov’t Code 552.2325(b |
Catastrophe | “Catastrophe” means a condition or occurrence that directly interferes with the ability of a governmental body to comply with the PIA, including: 1. Fire, flood, earthquake, hurricane, tornado, or wind, rain, or snowstorm; 2. Power failure, transportation failure, or interruption of communication facilities; 3. Epidemic; or 4. Riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. “Catastrophe” does not mean a period when staff is required to work remotely and can access information responsive to an application for information electronically, but the physical office of the governmental body is closed. Gov’t Code 552.2325(a) |
Suspension Period | A governmental body may suspend the applicability of the requirements of the PIA to the governmental body for an initial suspension period. The governmental body may suspend the applicability of the requirements of the PIA under this section only once for each catastrophe. The initial suspension period may not exceed seven consecutive days and must occur during the period that: 1. Begins not earlier than the second day before the date the governmental body submits notice to the office of the attorney general; and 2. Ends not later than the seventh day after the date the governmental body submits that notice. Gov’t Code 552.2325(d) |
Limit on Suspension Period | A governmental body that initiates a suspension period may not initiate another suspension period related to the same catastrophe, except for a single extension period as prescribed below. Gov’t Code 552.2325(f) |
Extension of Suspension Period | A governmental body may extend an initial suspension period if the governing body determines that the governing body is still impacted by the catastrophe on which the initial suspension period was based. The initial suspension period may be extended one time for not more than seven consecutive days that begin on the day following the day the initial suspension period ends. The governing body must submit notice of the extension to the office of the attorney general on the form prescribed by the office. The combined suspension period for a governmental body filing under this section may not exceed a total of 14 consecutive calendar days with respect to any single catastrophe. Gov’t Code 552.2325(e), (g) |
Requests Received During Catastrophe | Notwithstanding another provision of the PIA, a request for public information received by a governmental body during a suspension period determined by the governmental body is considered to have been received by the governmental body on the first business day after the date the suspension period ends. Requests are tolled until the first business day after the date the suspension period ends. Gov’t Code 552.2325(i)-(j) |
Notice to Attorney General | A governmental body that elects to suspend the applicability of the requirements of the PIA to the governmental body must submit notice to the office of the attorney general that the governmental body is currently impacted by a catastrophe and has elected to suspend the applicability of PIA requirements during the initial suspension period determined under Government Code 552.2325(d). The notice must be on the form prescribed by the office of the attorney general. Gov’t Code 552.2325(c) |
Notice to the Public | A governmental body that suspends the applicability of the requirements of the PIA to the governmental body under Government Code 552.2325 must provide notice to the public of the suspension in a place readily accessible to the public and in each other location the governmental body is required to post a notice under the Open Meetings Act (OMA). The governmental body must maintain the notice of the suspension during the suspension period. Gov’t Code 552.2325(h) |
End of Suspension | Upon conclusion of any suspension period initiated pursuant to Government Code 552.2325, the governmental body shall immediately resume compliance with all requirements of the PIA. Gov’t Code 552.2325(m) |
Large or Frequent Requests Personnel Time | A governmental body, including a college district, may establish reasonable monthly and yearly limits on the amount of time that personnel of the governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time. A yearly time limit may not be less than 36 hours for a requestor during the 12-month period that corresponds to the fiscal year of the governmental body. A monthly time limit may not be less than 15 hours for a requestor for a one-month period. Gov’t Code 552.275(a)-(b) |
Request by Minor | In determining whether a time limit applies, any time spent complying with a request for public information submitted in the name of a minor, as defined by Family Code 101.003(a), is to be included in the calculation of the cumulative amount of time spent complying with a request for public information by a parent, guardian, or other person who has control of the minor under a court order and with whom the minor resides, unless that parent, guardian, or other person establishes that another person submitted that request in the name of the minor. Gov’t Code 552.275(c) |
Exception | Government Code 552.275 does not apply if the requestor is an individual who, for a substantial portion of the individual's livelihood or for substantial financial gain, gathers, compiles, prepares, collects, photographs, records, writes, edits, reports, investigates, processes, or publishes news or information for and is seeking the information for: 1. Dissemination by a news medium or communication service provider, including an individual who supervises or assists in gathering, preparing, and disseminating the news or information; or an individual who is or was a journalist, scholar, or researcher employed by an institution of higher education at the time the person made the request for information; or 2. Creation or maintenance of an abstract plant as described by Insurance Code 2501.004. Section 552.275 does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state. This section does not apply if the requestor is a representative of a publicly funded legal services organization that is exempt under Internal Revenue Code 501(c)(3). "Communication service provider" has the meaning assigned by Civil Practice and Remedies Code 22.021. "News medium" means a newspaper, magazine or periodical, a book publisher, a news agency, a wire service, an FCC-licensed radio or television station or a network of such stations, a cable, satellite, or other transmission system or carrier or channel, or a channel or programming service for a station, network, system, or carrier, or an audio or audiovisual production company or internet company or provider, or the parent, subsidiary, division, or affiliate of that entity, that disseminates news or information to the public by any means, including print; television; radio; photographic; mechanical; electronic; and other means, known or unknown, that are accessible to the public. Gov’t Code 552.275(j)-(m) |
Written Statement of Personnel Time | If a governmental body establishes a time limit, each time the governmental body complies with a request for public information, the governmental body shall provide the requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that requestor during the applicable yearly or monthly period. The amount of time spent preparing the written statement may not be included in the amount of time in the statement provided by the requestor unless the requestor’s time limit for the period has been exceeded. Gov’t Code 552.275(d) |
Written Estimate of Charges | If in connection with a request for public information, the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds the established time limit, the governmental body shall provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses, necessary to comply with the request. The written estimate must be provided to the requestor on or before the 10th day after the date on which the public information was requested. The amount of this charge relating to the cost of locating, compiling, and producing the public information shall be established by rules prescribed by the attorney general. Gov’t Code 552.275(e) |
Additional Time | If the governmental body determines that additional time is required to prepare the written estimate and provides the requestor with a written statement of that determination, the governmental body must provide the written estimate as soon as practicable, but on or before the 10th day after the date the governmental body provided the statement. Gov’t Code 552.275(f) |
Photo Identification | A governmental body may request photo identification from a requestor for the sole purpose of establishing that the requestor has not exceeded a limit established by the governmental body under Government Code 552.275(a) and concealed the requestor’s identity. Gov’t Code 552.275(n) A request for photo identification must include a statement under Government Code 552.275(e) applicable to the requestor who has exceeded a limit established by the governmental body and a statement that describes each specific reason why Government Code 552.275(n) may apply to the requestor. The governmental body shall accept as proof of a requestor’s identification physical presentment of photo identification or an image of the photo identification that is transmitted electronically or through the mail. A requestor from whom a governmental body has requested photo identification may decline to provide identification and obtain the requested information by paying the charge assessed in the statement. Gov’t Code 552.275(o) |
Acceptance of Charges | If a governmental body provides a requestor with a written statement under Government Code 552.275(e) or Government Code 552.275(o) and the time limits prescribed by Section 552.275(a) regarding the requestor have been exceeded, the governmental body is not required to produce public information for inspection or duplication or to provide copies of public information in response to the requestor’s request unless on or before the 10th day after the date the governmental body provided the written statement, the requestor submits payment of the amount stated in the written statement provided under Government Code 552.275(e) or provides identification or submits payment as required by Government Code 552.275(o). If the requestor fails or refuses to provide identification or submit payment, the requestor is considered to have withdrawn the requestor’s pending request for public information. Gov’t Code 552.275(g)-(h) |
Waived or Reduced Charges | This section does not prohibit a governmental body from providing a copy of public information without charge or at a reduced rate under Government Code 552.267, or from waiving a charge for providing a copy of public information under Section 552.267 [see Waivers, above]. Gov’t Code 552.275(i) |
Failure to Pay | This provision applies only to a request made by a requestor who has made a previous request to a governmental body that has not been withdrawn, for which the governmental body has located and compiled documents in response, and for which the governmental body has issued a written estimate of charges that remains unpaid on the date the requestor submits the new request. A governmental body is not required to locate, compile, produce, or provide copies of documents or prepare a written estimate in response to a new request until the date the requestor pays each unpaid written estimate in connection with a previous request or withdraws the previous request to which the written estimate applies. Gov’t Code 552.275(e-1) |
Restriction on Proxy Inspections if Limit Exceeded | A requestor who has exceeded a limit established by a governmental body under Government Code 552.275 may not inspect public information on behalf of another requestor unless the requestor who exceeded the limit has paid each statement issued by the governmental body under Government Code 552.275(e). Gov’t Code 552.272(f) |
Filing Suit to Withhold Information | The only suit a governmental body, including a college district, may file seeking to withhold information from a requestor is a suit that: 1. Is filed in a Travis County district court against the attorney general in accordance with Government Code 552.325; and 2. Seeks declaratory relief from compliance with a decision by the attorney general issued under Government Code Chapter 552, Subchapter G. 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 determining that the requested information must be disclosed to the requestor. If the governmental body does not bring suit within that period, the governmental body shall comply with the decision of the attorney general. If the governmental body wishes to preserve an affirmative defense for its officer for public information, as provided by Government Code 552.353(b)(3), suit must be filed not later than the 10th calendar day after receipt of a decision by the attorney general that the information is public. Gov’t Code 552.324, .353(b)(3) |
Requests for Body- Worn Camera Recordings Contents of Request | A member of the public is required to provide the following information when submitting a written request to a law enforcement agency for information recorded by a body-worn camera: 1. The date and approximate time of the recording; 2. The specific location where the recording occurred; and 3. The name of one or more persons known to be a subject of the recording. A failure to provide all of the information required to be part of a request for recorded information does not preclude the requestor from making a future request for the same recorded information. Occupations Code 1701.661(a)-(b) |
Response to Requests | A law enforcement agency may: 1. Seek to withhold information subject to Occupations Code 1701.661(d) in accordance with procedures provided by Government Code 552.301; 2. Assert any exceptions to disclosure in the PIA or other law; or 3. Release information requested in accordance with Occupations Code 1701.661(a) after the agency redacts any information made confidential under the PIA or other law. Occupations Code 1701.661(e) |
Request for Attorney General Decision | Notwithstanding Government Code 552.301(b) [see Time for Request, above], a governmental body's request for a decision from the attorney general about whether a requested body-worn camera recording falls within an exception to public disclosure is considered timely if made not later than the 20th business day after the date of receipt of the written request. Notwithstanding Government Code 552.301(d) [see Statement to Requestor, above], a governmental body's response to a requestor regarding a requested body-worn camera recording is considered timely if made not later than the 20th business day after the date of receipt of the written request. Notwithstanding Government Code 552.301(e) [see Submission to Attorney General, above], a governmental body's submission to the attorney general of the information required by that subsection regarding a requested body-worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request. Notwithstanding Government Code 552.301(e-1) [see Submission to Attorney General, above], a governmental body's submission to a requestor of the information required by that subsection regarding a requested body-worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request. Occupations Code 1701.662(a)-(d) |
Response to Voluminous Public Information Requests | Notwithstanding Government Code 552.221(d) [see Time for Response, above], an officer for public information who is employed by a governmental body and who receives a voluminous request in accordance with Occupations Code 1701.661(a) is considered to have promptly produced the information for purposes of Section 552.221 if the officer takes the actions required under Section 552.221 before the 21st business day after the date of receipt of the written request. "Voluminous request" includes: 1. A request for body-worn camera recordings from more than five separate incidents; 2. More than five separate requests for body-worn camera recordings from the same person in a 24-hour period, regardless of the number of incidents included in each request; or 3. A request or multiple requests from the same person in a 24-hour period for body-worn camera recordings that, taken together, constitute more than five total hours of video footage. Occupations Code 1701.66 |
DATE ISSUED: 10/16/2025
UPDATE 50
GCB(LEGAL)-PJC
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