This document discusses the confidentiality of emails and email addresses under open government laws in Texas. It notes that emails related to official business, even if sent from personal accounts, are considered public information. This includes emails exchanged between members of a governmental body that could constitute deliberations in violation of open meeting laws. While email addresses provided by members of the public for official communication may be confidential, those of government officials are not considered confidential and are subject to open records requests. The key consideration is whether the communication relates to the transaction of official business.

1. William D. Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expressway
Building One, Suite 300
Austin, TX 78746
512-472-8021
Texas Groundwater Summit
San Marcos, Texas
August 23-25, 2016 1
E-MAILS AND E-MAIL ADDRESSES UNDER
OPEN GOVERNMENT LAWS

2. Confidentiality of E-Mail Messages
 Early AG decisions found personal notes of
public employees and officials were not public
information because “not assembled, collected,
or maintained” by government
 2013, PIAAmended
• “Public Information” includes:
“any electronic communication created,
transmitted, received, or maintained on any
device if the communication is in connection
with the transaction of official business.”
2

3. “information by an officer or
employee in the officer’s or
employee’s official capacity, or
performing official business.
3
Information in connection with the
“transaction of official business” is defined
as:

4. 4
2015 Austin Court of Appeals:
Information in a personal e-mail account
that relates to official business is “owned”
by the governmental entity and is public
information.
Adkisson v. Paxton, 459 S.W.3d 761 (Tex.
App. – Austin 2015, no pet.)

5. 5
Take away -
• “Public information” now takes into account
electronic devices and cell phones
• No distinction between personal or district-
issued devices
• Focus is on nature of communication
• In connection with official business it’s public!

6. Confidentiality of Personal E-mail Addresses
 E-mail address of a “member of the public”
provided for purpose of communicating
electronically with the District is confidential,
except
• Consent to release
• District vendor or contractor
• Contained in RFP response
• Provided on letterhead or other document that
is public
• Provided in public comment
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7. Personal E-mail Addresses
 Austin City Council members and Mayor used
personal e-mail to communicate City business
 News organization sought personal e-mail addresses
of Austin City Council members and Mayor
 City officials asserted confidentiality under the
“members of the public” provision
 Members of the public are not persons belonging to
“agency”
 Personal e-mail addresses are public
• Austin Bulldog v. Leffingwell
7

8. 8
 TOMA applies to “verbal exchange” of a
“Quorum”
AG OP GA-0896 (2011):
• Words need not be spoken in person
• Words communicated by e-mail covered
• Need not be physically present
• Emails may constitute deliberations
 Violations could occur if using devices during
a formal meeting.
E-mail Exchange and Walking Quorum

9. William D. Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expressway
Building One, Suite 300
Austin, TX 78746
512-472-8021
Texas Groundwater Summit
San Marcos, Texas
August 23-25, 2016 9
E-MAILS AND E-MAIL ADDRESSES UNDER
OPEN GOVERNMENT LAWS