2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.221. Application for Public Information; Production of Public Information

Sec. 552.221.  APPLICATION FOR PUBLIC INFORMATION;  PRODUCTION OF PUBLIC INFORMATION.  (a)  An officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both on application by any person to the officer.  In this subsection, "promptly" means as soon as possible under the circumstances, that is, within a reasonable time, without delay.
(b)  An officer for public information complies with Subsection (a) by:
(1)  providing the public information for inspection or duplication in the offices of the governmental body;  or
(2)  sending copies of the public information by first class United States mail if the person requesting the information requests that copies be provided and pays the postage and any other applicable charges that the requestor has accrued under Subchapter F.
(b-1)  In addition to the methods of production described by Subsection (b), an officer for public information for a governmental body complies with Subsection (a) by referring a requestor to an exact Internet location or uniform resource locator (URL) address on a website maintained by the governmental body and accessible to the public if the requested information is identifiable and readily available on that website.  If the person requesting the information prefers a manner other than access through the URL, the governmental body must supply the information in the manner required by Subsection (b).
(b-2)  If an officer for public information for a governmental body provides by e-mail an Internet location or uniform resource locator (URL) address as permitted by Subsection (b-1), the e-mail must contain a statement in a conspicuous font clearly indicating that the requestor may nonetheless access the requested information by inspection or duplication or by receipt through United States mail, as provided by Subsection (b).
(c)  If the requested information is unavailable at the time of the request to examine because it is in active use or in storage, the officer for public information shall certify this fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.
(d)  If an officer for public information cannot produce public information for inspection or duplication within 10 business days after the date the information is requested under Subsection (a), the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.
(e)  A request is considered to have been withdrawn if the requestor fails to inspect or duplicate the public information in the offices of the governmental body on or before the 60th day after the date the information is made available or fails to pay the postage and any other applicable charges accrued under Subchapter F on or before the 60th day after the date the requestor is informed of the charges.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1319, Sec. 12, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 791, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 692 (H.B. 685), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 520 (S.B. 79), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 894 (H.B. 3107), Sec. 1, eff. September 1, 2017.