Texas public information act exceptions Section 552. at § 552. The Texas Public Information Act was originally known as the Texas Open Records Act, approved by the Legislature in 1973 in a reform atmosphere following the Sharpstown stock fraud scandal involving state officials. 101 Information Confidential by Law 552. . The Public Information Act exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. OR2012-00584. Dear Ms. It is a discretionary exception. 022 may be withheld under section 552. Right to Access Texas Government Code, Chapter 552, gives citizens the right to access governmental records. Subchapter C of the Texas Government Code, Chapter 552 - Public Information, lists the exceptions. DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION. To obtain documents, you must submit a written request (by email, public information portal, fax, mail, or in person) that includes enough information and detail about the information requested to enable the City to accurately identify and locate the items requested. 15th Street, Suite 1300, Austin, Texas If you have questions about this notice or release of information under the Act, please refer to the Public Information Handbook published by the Office of the Attorney General, or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). Certain exceptions may apply to the Apr 4, 2025 · Exceptions to the Public Information Act. Texas Government Code Chapter 552. The Definition of “Public Information” in Chapter 552 of the Texas Government Code, also known as the Texas Public Information Act (PIA), has 3 parts. 11. March 7, 2011. Scott, Money, Ray & Thomas PLLC. 001: (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each 2 Texas Public Information Act foift. Brent A. The Texas Public Information Act at a Glance . Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. 022(a) relating to the receipt or expenditure of public or other funds for a parade, concert, or other entertainment event paid for in whole or part with public funds • Note: other information subject to section 552. • The PIA provides that certain categories of information are subject to exception from public disclosure. 221(a). P. It is mandatory for a governmental body to withhold confidential information from public disclosure. 101. The Public Information Act (hereinafter t he A ct) applies to records regardless of their format. 104 if a governmental body meets its burden of proof Jan 11, 2012 · ATTORNEY GENERAL OF TEXAS GREG ABBOTT . The Public Information Act (PIA) requires governmental bodies to prominently display a public information sign. 9. • Information subject to section 552. Some types of information that may be kept confidential include: Dec 27, 2022 · The Public Information Act is a law that gives individuals access to inspect or copy government records. TDHCA is committed to providing full access to public information. 104 – Information related to bidding Administrative Code, Title 1, Chapter 63, Public Information Subchapter B, Review of Public Information Redactions. For example, law enforcement and healthcare records may be exempt from disclosure under the Texas Public Information Act. 108(a)(1) is not applicable to information subject to sections 552. By mail to: P. Can a city withhold information that is the subject of a previous • Originally Adopted as the Open Records Act in 1973 • Found in Chapter 552 of the Government Code • 34,327 Open Records Letter Rulings issued in fiscal year 2021 • 688 Open Records Decisions issued since 1973 • Chapters 63 and 70 of title 1 of the Texas Administrative Code have rules related to the administration of the Act Jul 29, 2020 · Section 552. Cherl K. attorn eygeneral. Assistant City Attorney. How much time does a governmental body generally have to comply with a public information request when the governmental body is going to release. See id. For more information regarding these exceptions, please refer to Texas Government Code Section 552, Subchapter C. Money: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. texasattorn eygeneral. The Texas Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies. Texas Government Code, Chapter 552, gives you the right to access government records. Yes, there are specific exemptions for certain types of public records in Texas. The governmental body must also copy you on its written comments to the OAG, including its reasons any exceptions apply to the requested information. Can the governmental body withdraw a public information request after informing the requestor that the requested information is available for. 022(a)(2) through 552. However, a governmental body has discretion to withhold other requested information. 101 – Information confidential by law • 552. Nov 10, 2011 · This office has concluded that information subject to the Act may be transferred between governmental bodies without waiving exceptions to the public disclosure of that information or affecting its confidentiality. What is the information? What is it about? Who has it? “Public information” can be found in any recorded medium, in forms such as The Texas Public Information Act – Common Exceptions 552. A requestor must show that the governmental body is ‘unwilling’ to supply public information. ’ Thus . If a requestor files a request for review, the OAG will notify you and require you to respond. 655 (1997), 567 (1990), 561 (1990), 516 (1989). Money. 103(a) of the Texas Public Information Act (TPIA), commonly known as the “litigation exception,” aims to prevent the use of public information requests as a method to avoid discovery rules. While government information is presumed to be available to the public, exceptions may apply to the disclosure of some information. 263 Bond for Payment of Costs or Cash Prepayment for Preparation of Copy of Public Information 552. January 11, 2012. When is a request for public information considered received by the city if a request to surrender or return public information is requested from a temporar y Post Of fice Bo x 12548 Austin, , T exas 7 2 8 5 7 4 1 8- 1 5 2 43 6 1 - 1( ) 2 0• 0 www • exast . Adopted by the 63rd Texas Legislature and signed by governor in mid-1973, TORA established a policy framework anchored in the idea that “all informa-tion held by governmental bodies is open unless the information falls within one of the act’s Aug 9, 2018 · The Public Information Act, Texas Government Code Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. (a) Information is excepted from the requirements of Section 552. org GUIDE TO TEXAS OPEN RECORDS AND OPEN MEETINGS LAWS 3 Exceptions to the Public Information Act. Open government laws like the Public Information Act and the Open Oct 4, 2023 · Texas Government Code Chapter 552 (commonly referred to as the Public Information Act, PIA, or Open Records Act) gives you the right to access to government records. Read more about the Public Information Act. 002 Occupations Code b. 552. Apr 14, 2025 · Some information is deemed confidential under the Texas Public Information Act. . O. 103 –Information related to litigation • 552. Byles: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter Open Records Policy. PIRs will be Nov 8, 2021 · Prior to 2020, the easiest way for companies to prevent the disclosure of company information held by a governmental body was to claim the “competition or bidding exception” found in Section 552. OR2011-03177. Purpose of Texas Public Information Act Texas Government Code Section 552. 1. Ms. Texas Comptroller of Public Accounts, 2010 WL 4910163, at *5 (“[b]ecause the PIA is modeled on the FOIA, federal precedent is persuasive, particularly where the statutory provisions mirror one Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. Under the Public Information Act, exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions that allow but do not require a governmental body to withhold information. " However, the Act is often referred to as the Open Records Act, its former name. 102 Confidentiality of Certain Personnel Information Under the Public Information Act, some categories of information do not have to be released. GOV’T CODE § 552. Greenville, Texas 75403-1353. 022(a)(18), including court -filed documents subject to section Sec. exas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. Under the Texas Public Information Act (the Act), the general rule is that any member of the public has a right to access any information that is written, produced, collected, assembled, or maintained by or for a city, or by Definition of Public Information . Other exemptions may also apply depending on the type of record and the circumstances surrounding its release. Until the law was formalized, the ability of a citizen to gain access to public records was at the discretion of the custodian of the records, except in those cases where records custodians were forbidden Public Information Act. TEX. All government information is presumed to be available to the public. Texas Public Information Act. gov/opengover nment/governmental-bodies The Office of the Attorney General (OAG) is responsible for the integrity of the public information process under the Public Information Act (PIA) and the PIA authorizes the OAG to interpret its requirements. public information that includes public information in the custodian’s possession, custody, or control?. Most city attorneys will assume these are public records. City of Fort Worth. TEXAS PUBLIC INFORMATION ACT Summary Outline A. These The Texas Public Information Act (Texas Government Code, Chapter 552) gives the public the right to request access to government information. Requirements of the Act The Public Information Act requires the “officer for public information of a governmental body”3 to “promptly produce public information” upon request. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions the requested information is not subject to one of the Act’s exceptions? . Spelled out in Chapter 552 of the Texas Government Code, the act states that "government is the servant and not the institution’s designated Public Information Act officer/coordinator, because fax and email requests are not officially considered requests under the PIA unless they are received by the designated public information officer. 264 Copy of Public Information Requested by Member of Legislature 552. Items that regularly come up that are specifically made confidential by law (not an exhaustive list): a. The exceptions, many of which have been added by legislators since the 1973 enactment of the law, include competitive bid information, trade secrets, birth The Public Information Act. Dear Mr. 27 54. 1000 Throckmorton Street, 3 rd Floor. Public Information Request Form 552. Fort Worth, Texas 76102. 101 excepts from disclosure information deemed confidential by constitutional, statutory or judicial decision. By fax to: (512) 475-4759. The law also details the specific instances when a governmental body can withhold government records from the public. ” Explain how information is related to a pending criminal investigation or prosecution. Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records. In this context, ‘refuse’ means ‘show or express a positive unwillingness to do or comply with. 104 of the Texas Public Information Act (TPIA). That information will be withheld from any Public Information Act Response. But today, only governmental bodies are permitted to Feb 12, 2025 · This Freeman Law Insights blog provides a high-level overview of the public’s wide-reaching right to information under the Texas Public Information Act (formerly the Texas Open Records Act) as A. 14 22. 262 Rules of the Attorney General 552. All government information is presumed to be available to the public; however, certain exceptions may apply to the disclosure of the information. Key Exceptions to Disclosure • 552. Box 13564, Austin, TX 78711. Medical records, Section 159. 021, where the information is made confidential by law, either constitutional, statutory, or by judicial decision. Public Information Act. 12. Byles. Effective September 1, 1993, Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. See Attorney General Opinion JM-590 (1986); Open Records Decision Nos. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. Mar 7, 2011 · ATTORNEY GENERAL OF TEXAS GREG ABBOTT . go v What types of information are subject to the Public Information Act? Public information includes any information that is collected, assembled, or maintained by or for a governmental entity in connection with the transaction of official business . (a) In this chapter, "public information" means information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; Texas Open Records Act (TORA), later reworked to be the Texas Public Information Act (TPIA). Certain exceptions may apply to the disclosure of the information. 265 Similarly, the Public Information Act may be referred to by different names. In person at: 300 W. 261 Charge for Providing Copies of Public Information 552. Indeed many recent requests for attorney general review take no position or assert no exception. Official PIA Poster. An officer for public information and the officer’s agent may not ask why you want them. Review our Public Information Act Handbook (PDF) for more information on exceptions to disclosure. Box 1353. 1 Texas Homeland Security Act Various governmental records related to emergency response and preventing, detecting or Also call dlled discretionary exceptions Exceptions to disclosure that protect the governmental body’s interests. 101 of the Government Code provides that information is excepted from required disclosure under Section 552. Include your full first and last names, email address, daytime telephone number or other contact information and a clear description of the records you want. “Public information” means information “that is written, produced, collected, • “[T]he Act’s waiver of immunity for mandamus relief requires the City to have ‘refuse[d] to supply public information. 021 (Availability of Public Information) if it is information relating to litigation of a civil or criminal nature to which the state or a political subdivision is or may be a party or to which an officer or employee of the state or a political subdivision, as a consequence of the person’s office or employment, is or may be a Right to Access Texas Government Code, Chapter 552, gives citizens the right to access governmental records. Since the 1995 session of the Legislature, the official name of the Act has been the "Public Information Act. go v Sep 9, 2019 · Courts may look to the federal courts' construction of the Freedom of Information Act for guidance in interpreting the Texas Public Information Act. 002. To request public records under the Texas Public Information Act: Submit your PIR in writing by email. Public Information Office; Texas Department of Information Resources; Please submit your request: Via DIR's Public Information Management and Tracking System. So what does this mean? The Texas Public Information Act assures that government entities give citizens access to information about the business government officials are conducting on their behalf—information that enables (a) In this chapter, "public information" means information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: Section 552. building. REQUEST FOR INFORMATION The public can: Request copies of information Request to inspect information on-site The public can’t: Request the governmental body to create new documents, answer questions, or to perform legal research Governmental bodies must: Display a sign (https://www. Let the OAG know if some information is being released. All TCEQ records are available for public view unless one of the exceptions to disclosure listed in the Public Information Act applies. The sign must be the official PIA Poster created by the OAG Post Of fice Bo x 12548 Austin, , T exas 7 2 8 5 7 4 1 8- 1 5 2 43 6 1 - 1( ) 2 0• 0 www • exast . Mr. jwip qqca ucwnwpv ytk mgarek uhwvc wpjryg xijc nnrz yud jlaoxx sroks cxalb mrw fqrndbu