Freedom of Information Foundation of Texas

Eight helpful tips about open government

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Some helpful suggestions for obtaining public information from Juan Elizondo, managing editor of the Longview News-Journal and treasurer for the Freedom of Information Foundation of Texas.

1. Don’t ask, but sometimes do tell
There’s no debating that government agencies — schools, appraisal districts, cities, counties — cannot ask why a person wants information and people who ask for information are not required to tell. That said, sometimes it pays to tell why you want something because the government officials might be able to help you ask for the right records or help you avoid a formal public information request.

2. Avoid formal requests when you can
I have tremendous respect for people who practice law. The fact is, though, that once you file a formal public information request, it becomes a legal matter. That often means it will take longer to get the information you want, particularly if you can just ask for access to see some records.

3. Don’t let ‘em take too long
There’s tremendous misunderstanding of what the Texas law requires in terms of government agencies responding to public information requests. The law absolutely does not say they have 10 days to respond. In fact, it says government agencies must respond promptly. That means if the report you want is sitting unused on someone’s desk, they’ve got to make it available immediately. Government agencies do have up to 10 business days — if needed — to produce copies, to make the information available or to say they are not going to make information available.

4. Make sure they go to the Attorney General
If an agency refuses to release information for which there’s been no specific court or AG ruling, it must go to the attorney general — by that 10-day deadline — to get the AG’s input. Agencies that fail to go to the attorney general by that 10th day automatically lose any rights they had to withhold information (they often end up going to court to fight to keep that right even though they blew the deadline).

5. Draft ‘smaft’
Too often government agencies still try the old “draft” dodge, saying a report or proposal is just a draft. If a document has gone from one agency department to another — say from the mayor’s office to the public works department — it’s a public record. The person who uses that information should take care to note that the information was contained in a draft, but the draft status does not automatically mean the record cannot be made public.

6. Council ‘smouncil’
The Public Information Act does not give a city council, school board or any other governing board the right to see public information before the public does. Period.

7. Don’t pay too much

Government agencies have the right to recover their costs for producing copies or making information available. They are not required to charge and they are allowed to waive costs if making the information available would benefit the public. Ask for itemized cost estimates in advance and consider getting access to, not copies of, records. It’s cheaper to take notes of what you want and to make copies of only the exact pages you need.

8. Know your rights

The Public Information Act is online at http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm .  It’s not that hard to read. The Attorney General’s Office has a primer on the law at https://www.oag.state.tx.us/open/index.shtml .  And the Freedom of Information Foundation has an open records hotline at (800) 580-6651. Have a pencil ready when you call because you’ll be given phone numbers for the on-call lawyers, who provide information only on open government issues. It costs money to provide that free service, so consider joining the FOIFT or giving a regular donation at http://www.foift.org/?page_id=11 .

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. All government (Federal, State, County, City, School Board, Committees, Boards, Etc.) information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has been sought.

Rights of Requestors	Responsibilities of Governmental Bodies
You have the right to:	All governmental bodies responding to information requests have the responsibility to:
Prompt access to information that is not confidential or otherwise protected; Receive treatment equal to all other requestors, including accommodation in accordance with Americans With Disabilities Act (ADA) requirements; Receive certain kinds of information without exceptions, like the voting record of public officials and other information; Receive a written itemized statement of estimated charges, when charges exceed will $40, in advance of work being started and opportunity to modify the request in response to the itemized statement; Choose whether to inspect the requested information (most often at no charge), receive copies of the information or both; A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public; Receive a copy of the communication from the governmental body asking the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication discloses the requested information, a redacted copy; Lodge a written complaint about overcharges for public information with the General Services Commission.  Complaints of other possible violations may be filed with the county or district attorney of the county where the governmental body, other than state agency is located.  If the complaint is against the county or district attorney, the complaint must be filed with the Office of the Attorney General.	Establish reasonable procedures for inspecting or copying public information and inform requestors of these procedures; Treat all requestors uniformly and shall give to the requestor all reasonable comfort and facility, including accommodation in accordance with ADA requirements; Be informed about open records laws and educate employees on the requirements of those laws; Inform requestors of the estimated charges greater than $40 and any changes in the estimates above 20 percent of the original estimate, andconfirm that the requestor accepts the charges; or has amended the request, in writing before finalizing the request; Inform requestor if the information cannot be provided promptly and set a date and time to provide it within a reasonable time; Request a ruling from the Office of the Attorney General regarding any information the governmental body wishes to withold, and send a copy of the request for ruling, or redacted copy, to the requestor; Segregate public information from information that may be withheld and provide that public information promptly; Make a good faith attempt to inform third parties when their proprietary information is being requested from the governmental body; Respond in writing to all written communications from the General Services Commission regarding charges for the information.  Respond to the Office of the Attorney General regarding complaints about violations of the Act.

Procedures To Obtain Information.

1. Submit a request by mail, fax, email or in person according to a governmental body's reasonable procedures.
2. Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the information requested.
3. Cooperate with the governmental body's reasonable efforts to clarify the type or amount of information requested.

A. Information to be released	B. Information that may be withheld due to an exception
You may review it promptly, and if it cannot be produced within 10 working days the public information officer will notify you in writing of the reasonable date and time when it will be available. Keep all appointments to inspect records and to pick up copies.  Failure to keep appointments may result in losing the opportunity to inspect the information at the time requested	By the 10th business day after a governmental body receives your written request, a governmental body must: 1. request an Attorney General opinion and state which exceptions apply; 2. notify the requestor of the referral to the Attorney General; and 3. notify third parties if the request involves their proprietary information. Failure to request an Attorney General opinion and to notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it. Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body.  If the arguments disclose the requested information, the requestor may obtain a redacted copy. The Attorney General must render a decision no later than the 45th working day after the attorney general received the request  for a decision. Governmental bodies may not ask the Attorney General to "reconsider" an opinion.
Cost of Records
You must respond to any written estimate of charges within 10 days of the date the governmental body sent it or the request is considered to be automatically withdrawn. If estimated costs exceed $100.00 (or $50.00 if a governmental body has fewer than 16 full time employees) the governmental body may require a bond, prepayment or deposit. You may ask the governmental body to determine whether providing the information primarily benefits the general public, resulting in a waiver or reduction of charges. Make a timely payment for all mutually agreed charges. A governmental body can demand payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests from you.

To Request Information From This Governmental Body, Please Contact:

You may send your request
By mail to:  

Texas Department of Public Safety
Public Information Office
Attn:  Open Records
P.O. Box 4087
Austin, TX  78773-0170
By e-mail to:  pio@txdps.state.tx.us
By fax to:  (512) 424-2649
In person at:  Public Information Office, Headquarters, Bldg. A, 5805 North Lamar Blvd., Austin, Texas 

For complaints regarding failure to release public information please contact your local County or District Attorney.

You may also contact the :

Office of the Attorney General,
Open Records Hotline, at (512) 478-6736
or toll-free at (877) 673-6839

For complaints regarding overcharges, please contact the

General Services Commission at
(512) 475-2497

If you need special accommodation pursuant to the Americans With Disabilities Act (ADA), please contact
our ADA coordinator: 

Human Resources at
(512) 424-2000

Information for the News Media

Public Information Office
Media Relations
(512) 424-2000

To file an open records request, please send your request to:

Public Information OfficeP.O. Box 4087
Austin, TX 78773-0170
fax to (512) 424-2649
email pio@txdps.state.tx.us

When submitting an open records request by e-mail, please include a mailing address and a day time telephone number in the event we need to contact you.