Often referred to as the Open Records Act—old name Not confused with the Freedom of Information Act
This is the public policy as set forth in the statute Source: Gov Code sec.552.001 Together with the Open Meetings Act, the Public Information Act are the FOUNDATION of the open government laws
This is the public policy as set forth in the statute Source: Gov Code sec.552.001 Together with the Open Meetings Act, the Public Information Act are the FOUNDATION of the open government laws
This is the public policy as set forth in the statute Source: Gov Code sec.552.001 Together with the Open Meetings Act, the Public Information Act are the FOUNDATION of the open government laws
This is the public policy as set forth in the statute Source: Gov Code sec.552.001 Together with the Open Meetings Act, the Public Information Act are the FOUNDATION of the open government laws
This is the public policy as set forth in the statute Source: Gov Code sec.552.001 Together with the Open Meetings Act, the Public Information Act are the FOUNDATION of the open government laws
Gov. Code sec. 552.002; Government not required to create the information requested. But programming to pull electronic data out may be required under certain circumstances.
552.0034 Note that it does not include the judiciary. Private entities supported by public funds can be “government entities” for purpose of the act
Self-appointed and otherwise
Preliminary reports not public
Information used solely as a tool to maintain, manipulate or protect public property was not public information Personal notes related to government business are public information. This rule of exclusion is eroding. Commercially available information. Eg research books. Can allow access. Must allow access if information in the book is referred to a rule of a policy of the governmental body.
Constitutional, statutory, judicial 552.101 Very broad exception and one that most often causes the most difficulty It is a misdemeanor to release information confidential under law. A government can release most information even if exempt if it chooses to but not material confidential by law. Very broad—often requires legal advice to sort through
Personal information to the extent it constitutes an unwarranted invasion of personal property. 552.102 Transcript. 552.101. Except for degree obtained and the curriculum. i.e. no grades. Evals. Tex. Educ. Code. 21.355. Litigation. 552.103. Only if litigation is pending or reasonably anticipated when request was received. Competitive Bidding. 552.104. If release would give advantage to competitor or bidder. Property info. 552.105. for property to be acquired by entity. Military records. Third-party information.
Attorney-Client communications. 552.105 Court-ordered confidential information. Private communications. Agency memorandum: deliberative process privilege and work product privilege. Must be privileged in litigation. 552.111. Advice, opinions, or recommendations on policy issues. Student records: FERPA; Family Educational Rights and Privacy Act of 1974. Generally not applicable to HPISD because no federal funds. But state law incorporates privacy protection and thus applies to HPISD. Student record definition in state law is equivalent to FERPA. Directory information exception. [New statute] Computer security information Credit card numbers. 552.136
Addresses: if employee designated them as confidential within 14 days of employment. 552.024, 552.117. Family members. Test items. 552.122. Name of applicant for superintendent: Until finalists are named. 552.126. Informers. 552.135 Email addresses. Email addresses: Parent (and members of the public) email addresses provided to the district
Generally found at sections 552.351, 552.352, and 552.353 Criminal: Misdemeanor/$1000 fine/6-months jail for failing to release information. Destroying info: $25 to 4000 fine/3 days to 3-months in county jail Writ of mandamus: requestor or AG can file Dec/Injunctive relief: district has to have had an opportunity to cure. Attorneys fees and costs can be assessed against the governmental body
Written request required. Not oral. 552.301. May be made by fax or email. Does not have to use “magic language” May seek inspection or duplication or both. 555.221 But cannot require research, creation of records or answers to questions.
See 552.221, 552.222 Can also request clarification, or seek to narrow the scope of the request. 552.222 May also withhold information and rely on “previous determination” by the AG
Advise the time and date that the records can be reviewed Are not required to release originals. Reasonable fees can be charged for copies of documents. Rates must be reasonable and within 25% of those published by the TGSC. 552.262. If only inspection is requested, a charge can be levied if (1) records are more than five years old, or (2) the documents requested fill 6+ archival boxes; (3) or it will take greater than 5 hours to make available. If cost exceeds, $40, requestor must receive a notice from the governmental entity with notice of alternative cheaper method. 552.2615. Requestor must respond within 10 days, accepting the charges, disputing the charge, or modifying the request. A bond or deposit can be requested if estimated cost exceeds $100. 552.263. Charges can be waived if it is in the public interest to do so. 552.267. Can also charge for redacted copies. 552.271.
Request to AG must be 10 th business day after receipt of request. Failure to request within timeframe results in a presumption that the information is open and subject to disclosure unless the AG finds a “compelling reason” to withhold. 552.302. Seeking an AG opinion is improper if prior determination by AG that records are open. 552.301.
15 business days after receipt of the request the supporting material must be submitted to AG.
This is what is required to be submitted to the attorney general
AG decision is due within 45 working days after request is received with an optional 10 day extension. 552.306.
Two choices: either produce the documents or file suit to prevent disclosure AG could rule that records should not be produced.
551.002 Generally same definition at Public Information Act Private entities supported by public funds can be “government entities” for purpose of the act
As long as no formal action is taken and any discussion of public business is incidental to the social function, workshop or convention.
Video: if meeting extends to 3 or more counties and if majority of quorum is physically present at one location 551.127(c)
Vague terms like “old business”, “new business” are not sufficient. Place of posting: 551.051
Recording subject to reasonable rules in order to maintain order during the meeting.
Not an executive session.
Attorney consultations: 1) pending or contemplated litigation, 2) settlement offer; 3) “on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter.” Property: only closed if open session would have a detrimental effect on negotiations with third party Gifts: only closed if open session would have a detrimental effect on negotiations with third party
Attorney: when meeting under section 551.071 Adverse: opposing parties in litigation or real estate deal
