CORPUS CHRISTI, Tx — Public information is exactly what it sounds like: information that the public has a right to access. Whether that is court records, how governing bodies spend money, or text messages sent and received by public officials.
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And while public information laws can be complex, there are a few basics to requesting information.
The Texas Public Information Act was enacted in 1973 and has been amended several times.
It's a law that applies to all governmental bodies in Texas, among which are cities, counties, school districts, and many others.
It's also the law that allows the public access to inspect or copy government records that are not exempt from disclosure, which is a specific reason why a governmental body can withhold records from the public.
A separate law covers federal entities, it is the Freedom of Information Act.
Here are the basics of the Public Information Act, and requesting information.
Public information is any information produced or maintained by the governmental body in connection with the transaction of public business.
That information must be in existence to request it because individuals cannot ask the entity to create a document to fulfill a request.
Governmental bodies have the right to designate a person to receive these requests and in cases where the request is from the office of an elected official, which can typically be found by searching the website of the governmental body.
Those requests must be made in writing and they can't ask you why you want the information.
The law says the entity must provide prompt access to information. This means they must release information as soon as it is available, but no later than the 10th business day, unless they have notified the requester that it needs more time to fulfill the request. In cases such as these, the entity must state when the information will be available.
The governmental body also has no more than 10 business days to inform the requester if it intends to ask the Attorney General for an opinion on whether the information requested can be withheld. By the 15th business day, that entity must file a letter with the Attorney General and provide a copy to the requester.
Certain types of records cannot be released by law, some of those include education records and documents protected by attorney-client privilege. Other information is considered confidential, such as dates of birth of living people, driver's license numbers, credit card numbers, and juvenile offender records.
When requesting public information, that request should be clear and concise, and include the time frame during which the documents would have been created. Including a line that states, "I do not object to the withholding of information confidential by law" can speed up these requests.
In these cases, the governmental body can avoid seeking an opinion from the Attorney General.
The law gives the governmental body the right to charge a range of fees for fulfilling public information, but it must notify the requester of the costs and give him or her an opportunity to seek a less-costly way to obtain the information.
This can involve revising the request, or simply asking to inspect the records, rather than receive a copy.
If the governmental body asks for clarification of the request or says it needs more information to fulfill it, pick up the phone and have a conversation. Many times this will save time and money.
For more help getting public information questions answered, reach out to the Freedom of Information Foundation of Texas.
