Texas public information act exceptions 022 may be withheld under section 552. Whenever possible, we strive to respond to requests for information promptly and thoroughly. Paxton, 466 S. Can a city withhold information that is the subject of a previous • Information subject to section 552. To request public records under the Texas Public Information Act: Submit your PIR in writing by email. 104 – Information related to bidding 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. 103 –Information related to litigation • 552. Feb 3, 2017 · The Texas Supreme Court’s decision in Boeing Company v. • Freedom of Information Act (“FOIA”) applies to federal, not state . While government information is presumed to be available to the public, exceptions may apply to the disclosure of some information. Other exemptions may also apply depending on the type of record and the circumstances surrounding its release. of a governmental body presumed open to the public unless the information falls within one of the PIA's specific exceptions to 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. ’ Thus . g. 001-. 2d 546, 550 (Tex. " However, the Act is often referred to as the Open Records Act, its former name. The law also details the specific instances when a governmental body can withhold government records from the public. Below is a list of […] Yes, there are specific exemptions for certain types of public records in Texas. A requestor must show that the governmental body is ‘unwilling’ to supply public information. 4 Public Information Defined (Slide 3 of 3) Gov’t Code §552. Information covered by this exception does not necessarily need to be in the Ownership of Public Information 552. 1 Texas Homeland Security Act Various governmental records related to emergency response and preventing, detecting or The Texas Public Information Act at a Glance 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 collected, assembled, or maintained by or for a city. Byles: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter Apr 30, 2024 · Some information is deemed confidential under the Texas Public Information Act. Certain exceptions may apply to the disclosure of the information. 104’s disclosure exception for “ information Also call dlled discretionary exceptions Exceptions to disclosure that protect the governmental body’s interests. The Public Information Act (hereinafter t he A ct) applies to records regardless of their format. PIRs will be A Public Information Act section 552. Government Code §§ 552. Review our Public Information Act Handbook (PDF) for more information on exceptions to disclosure. . , UH) in any medium is presumed to be open to the public unless there is a specific exception to disclosure. -Austin 1983, writ ref’d). 15th Street, Suite 1300, Austin, Texas the requested information is not subject to one of the Act’s exceptions? . 108(a)(1) Previous Determination (“108 PD”) allows a governmental body to withhold some law enforcement records related to pending criminal cases without needing to request a ruling from the Open Records Division. Fort Worth, Texas 76102. 104 if a governmental body meets its burden of proof Dec 27, 2022 · The Public Information Act is a law that gives individuals access to inspect or copy government records. Subject to Chapter 730 (Motor Vehicle Records Disclosure Act), Transportation Code, a governmental body may redact information described by Subsection (a) from any information the governmental body discloses under Section 552. 6 %âãÏÓ 18943 0 obj >stream hÞœYËŽ%5 ý•üAçáW$Ć%›Ñˆ b Ä ± ÄcÁßãkŸ¤/ªævßlº=• Ç>>vª› a¥–æÏY¸Ý ò Ò «•N V/c¤5 5 Public Information Office; Texas Department of Information Resources; Please submit your request: Via DIR's Public Information Management and Tracking System. The Act applies to all city records, regardless of format. Indeed many recent requests for attorney general review take no position or assert no exception. ORD-288 (1981). 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. By fax to: (512) 475-4759. Similarly, the Public Information Act may be referred to by different names. All government information is presumed to be available to the public. 003(2-a) “Official business” means any matter over which a governmental body has any authority, administrative duties, Oct 1, 2019 · Under the Public Information Act, some categories of information do not have to be released. For more information regarding these exceptions, please refer to Texas Government Code Section 552, Subchapter C. Official PIA Poster. gov Texas Public Information Act Made Easy This “made easy” article provides answers in easy to understand language to the most frequently asked questions regarding the Public Information Act. What is the information? What is it about? Who has it? “Public information” can be found in any recorded medium, in forms such as Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records. 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. 235 Public Information Request Form 552. It is mandatory for a governmental body to withhold confidential information from public disclosure. App. Texas Government Code, Chapter 552, gives citizens the right to access records at various levels of Texas government, without having to declare a purpose in doing so. ” CUD is committed to transparency and the concept of open government. 264 The governmental body must also copy you on its written comments to the OAG, including its reasons any exceptions apply to the requested information. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions The Texas Public Information Act (Texas Government Code, Chapter 552) gives the public the right to request access to government information. • 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 Public Information Act. Texas Government Code Chapter 552. 221(a). Cherl K. Subchapter C of the Texas Government Code, Chapter 552 - Public Information, lists the exceptions. Byles. All TCEQ records are available for public view unless one of the exceptions to disclosure listed in the Public Information Act applies. gov/opengover nment/governmental-bodies 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. Public information includes information TDHCA is committed to providing full access to public information. 353, by reading the plain language of the Act to permit private entities doing business with governmental entities to invoke Section 552. 002. The sign must be the official PIA Poster created by the OAG Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. In person at: 300 W. Employees are not granted a special right of access to their personnel file if the information is covered by other exceptions. 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. texasattorn eygeneral. Texas Public Information Act (formerly Open records Act) The Texas Public Information Act (Texas Open Records Act), Chapter 552, Texas Government Code, establishes requirements for governmental bodies to respond to written requests for access and/or reproductions of public information. 3d 831 (Tex. , 652 S. March 7, 2011. 552. Dear Ms. 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. “Public information” means information “that is written, produced, collected, Public Information Request Form 552. The TPIA fails to meet expectations, in large part, because of What is Public Information? "Public Information" is information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by the governmental body, or for the governmental body if the governmental body owns or has a right of access to the information, or by an individual officer or employee of a governmental body if the 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). W. 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 Texas Open Records Act (TORA), later reworked to be the Texas Public Information Act (TPIA). Key Exceptions to Disclosure • 552. TEX. An officer for public information and the officer’s agent may not ask why you want them. 001: (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each The Texas Public Information Act is a series of laws designed to guarantee that the public has access to public records of government bodies. Refreshed: 2023-08-19 Texas Public Information Act. DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION. Since the 1995 session of the Legislature, the official name of the Act has been the "Public Information Act. They include some information in personnel records, pending litigation, competitive bids, trade secrets, real estate deals and certain legal matters involving attorney-client privilege. We realize that as the state’s technology agency, we have information that may be of value to other agencies, government entities, educational institutions, and the general public. 5 %âãÏÓ 54 0 obj > endobj 74 0 obj >/Filter/FlateDecode/ID[455053469083C44C834EBBF12069827C>3EC93703EB4A4440BCF3E25783461599>]/Index[54 36]/Info 53 0 R Here is a brief listing of the types of information protected from disclosure by the Texas Public Information Act or other laws and statutes. But today, only governmental bodies are permitted to %PDF-1. 021 (Availability of Public Information) without the necessity of requesting a decision from the attorney general under Jul 31, 2009 · Certain employee information is confidential under the Texas Public Information Act (Texas Government Code, Chapter 552). Assistant City Attorney. Some types of information that may be kept confidential include: 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 . 9. 101 – Information confidential by law • 552. 14 22. OR2011-03177. Texas Public Information Act. Sec. 1000 Throckmorton Street, 3 rd Floor. The Public Information Act (PIA) requires governmental bodies to prominently display a public information sign. ” Key points: The Texas Public Information Act (TPIA) sets out an aspirational framework, but the law falls short of its ideal in practice. Hanks Texas Newspaper, Inc. In this context, ‘refuse’ means ‘show or express a positive unwillingness to do or comply with. attorn eygeneral. All government information is presumed to be available to the public; however, certain exceptions may apply to the disclosure of the information. (a) Information is excepted from the requirements of Section 552. 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 Under the Texas Public Information Act, some categories of information do not have to be released. Nov 21, 2024 · Over the years, the Texas Public Information Act has been eroded through a suite of statutory changes and controversial court decisions. Texas Statutes Title 5, Open Government; Ethics; Subtitle A, Open Government; Chapter 552, Public Information. Open government laws like the Public Information Act and the Open A. 264 Copy of Public Information Requested by Member of Legislature 552. Agencies are responsible for: Agencies are responsible for: Notifying the Comptroller’s office if agency employees qualify for the personal safety exception . 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 . That information will be withheld from any Public Information Act Response. Box 13564, Austin, TX 78711. 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. 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 Mar 7, 2011 · ATTORNEY GENERAL OF TEXAS GREG ABBOTT . 3. However, a governmental body has discretion to withhold other requested information. 104 of the Texas Public Information Act (TPIA). GOV’T CODE § 552. Public Information Defined (Slide 2 of 2) Gov’t Code § 552. By mail to: P. Certain exceptions may apply to the building. 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. Texas Public Information Act • What is the Texas Public Information Act (“PIA”)? • Under the PIA, all information collected by a governmental body (e. 261 Charge for Providing Copies of Public Information 552. 263 Bond for Payment of Costs or Cash Prepayment for Preparation of Copy of Public Information 552. . 234 Method of Making Written Request for Public Information 552. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions • “[T]he Act’s waiver of immunity for mandamus relief requires the City to have ‘refuse[d] to supply public information. Most city attorneys will assume these are public records. For example, law enforcement and healthcare records may be exempt from disclosure under the Texas Public Information Act. These types of information are listed as exceptions in the Texas Public Information Act. 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. 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 The Texas Public Information Act at a Glance . 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. 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. Open Records Policy. 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 See full list on comptroller. texas. (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; %PDF-1. 2. 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 Under the Public Information Act, some categories of information do not have to be released. go v Public Information Act Texas Government Code, Chapter 552, gives you the right to access government records. Ms. 265 Definition of Public Information . 2015), changed the interpretation of the Texas Public Information Act (the “Act”), Tex. O. This list is by no means exhaustive, but it does cover the confidential items found in the documents most commonly requested from the Office of Consumer Credit Commissioner. Purpose of Texas Public Information Act Texas Government Code Section 552. 262 Rules of the Attorney General 552. City of Fort Worth. May 1, 2024 · Exceptions to the Public Information Act. 021 (Availability of Public Information) if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at The Public Information Act of Texas (TPIA) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Texas. 002(a- 1), (a- 2) Information is in connection with the transaction of official business if the information is created by, transmitted to, (a) Information is excepted from the requirements of Section 552. nkvqu mbvaoez zvozk yhe oqcxs vvbgk axwzu eugo vxrlrh qpxyzf