reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.146. Disclosure of Certified Agenda or Recording of Closed Meeting; Offense; Penalty; Civil Liability

Sec. 551.146.  DISCLOSURE OF CERTIFIED AGENDA OR RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.  (a)  An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter:
(1)  commits an offense; and
(2)  is liable to a person injured or damaged by the disclosure for:
(A)  actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress;
(B)  reasonable attorney fees and court costs; and
(C)  at the discretion of the trier of fact, exemplary damages.
(b)  An offense under Subsection (a)(1) is a Class B misdemeanor.
(c)  It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that:
(1)  the defendant had good reason to believe the disclosure was lawful; or
(2)  the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 17, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 18, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.001. Policy; Construction

Sec. 552.001.  POLICY;  CONSTRUCTION.  (a)  Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.  The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may retain control over the instruments they have created.  The provisions of this chapter shall be liberally construed to implement this policy.
(b)  This chapter shall be liberally construed in favor of granting a request for information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.002. Definition of Public Information; Media Containing Public Information

Sec. 552.002.  DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION.  (a)  In this chapter, "public information" means information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:
(1)  by a governmental body;
(2)  for a governmental body and the governmental body:
(A)  owns the information;
(B)  has a right of access to the information; or
(C)  spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or
(3)  by an individual officer or employee of a governmental body in the officer's or employee's official capacity and the information pertains to official business of the governmental body.
(a-1)  Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to official business of the governmental body.
(a-2)  The definition of "public information" provided by Subsection (a) applies to and includes any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business.
(b)  The media on which public information is recorded include:
(1)  paper;
(2)  film;
(3)  a magnetic, optical, solid state, or other device that can store an electronic signal;
(4)  tape;
(5)  Mylar; and
(6)  any physical material on which information may be recorded, including linen,  silk, and vellum.
(c)  The general forms in which the media containing public information exist include a book, paper, letter, document, e-mail, Internet posting, text message, instant message, other electronic communication, printout, photograph, film, tape, microfiche, microfilm, photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory.
(d)  "Protected health information" as defined by Section 181.006, Health and Safety Code, is not public information and is not subject to disclosure under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1204 (S.B. 1368), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.0031. Business Days

Sec. 552.0031.  BUSINESS DAYS.  (a)  Except as provided by this section, in this chapter "business day" means a day other than:
(1)  a Saturday or Sunday;
(2)  a national holiday under Section 662.003(a); or
(3)  a state holiday under Section 662.003(b).
(b)  The fact that an employee works from an alternative work site does not affect whether a day is considered a business day under this chapter.
(c)  An optional holiday under Section 662.003(c) is not a business day of a governmental body if the officer for public information of the governmental body observes the optional holiday.
(d)  A holiday established by the governing body of an institution of higher education under Section 662.011(a) is not a business day of the institution of higher education.
(e)  The Friday before or Monday after a holiday described by Subsection (a)(2) or (3) is not a business day of a governmental body if the holiday occurs on a Saturday or Sunday and the governmental body observes the holiday on that Friday or Monday.
(f)  Subject to the requirements of this subsection, a governmental body may designate a day on which the governmental body's administrative offices are closed or operating with minimum staffing as a nonbusiness day.  The designation of a nonbusiness day for an independent school district must be made by the board of trustees.  The designation of a nonbusiness day for a governmental body other than an independent school district must be made by the executive director or other chief administrative officer.  A governmental body may designate not more than 10 nonbusiness days under this subsection each calendar year.
Added by Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.0035. Access to Information of Judiciary

Sec. 552.0035.  ACCESS TO INFORMATION OF JUDICIARY.  (a)  Access to information collected, assembled, or maintained by or for the judiciary is governed by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.
(b)  This section does not address whether information is considered to be information collected, assembled, or maintained by or for the judiciary.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.0036. Certain Property Owners' Associations Subject to Law

Sec. 552.0036.  CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.  A property owners' association is subject to this chapter in the same manner as a governmental body:
(1)  if:
(A)  membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;
(B)  the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments;  and
(C)  the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or
(2)  if the property owners' association:
(A)  provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(B)  is a corporation that:
(i)  is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(ii)  does not require membership in the corporation by the owners of the property within the defined area; and
(iii)  was incorporated before January 1, 2006.
Added by Acts 1999, 76th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1999.  Renumbered from Sec. 552.0035 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(51), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.004. Preservation of Information

Sec. 552.004.  PRESERVATION OF INFORMATION.  (a)  A governmental body or, for information of an elective county office, the elected county officer, may determine a time for which information that is not currently in use will be preserved, subject to Subsection (b) and to any applicable rule or law governing the destruction and other disposition of state and local government records or public information.
(b)  A current or former officer or employee of a governmental body who maintains public information on a privately owned device shall:
(1)  forward or transfer the public information to the governmental body or a governmental body server to be preserved as provided by Subsection (a); or
(2)  preserve the public information in its original form in a backup or archive and on the privately owned device for the time described under Subsection (a).
(c)  The provisions of Chapter 441 of this code and Title 6, Local Government Code, governing the preservation, destruction, or other disposition of records or public information apply to records and public information held by a temporary custodian.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.005. Effect of Chapter on Scope of Civil Discovery

Sec. 552.005.  EFFECT OF CHAPTER ON SCOPE OF CIVIL DISCOVERY.  (a)  This chapter does not affect the scope of civil discovery under the Texas Rules of Civil Procedure.
(b)  Exceptions from disclosure under this chapter do not create new privileges from discovery.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.0055. Subpoena Duces Tecum or Discovery Request

Sec. 552.0055.  SUBPOENA DUCES TECUM OR DISCOVERY REQUEST.  A subpoena duces tecum or a request for discovery that is issued in compliance with a statute or a rule of civil or criminal procedure is not considered to be a request for information under this chapter.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.006. Effect of Chapter on Withholding Public Information

Sec. 552.006.  EFFECT OF CHAPTER ON WITHHOLDING PUBLIC INFORMATION.  This chapter does not authorize the withholding of public information or limit the availability of public information to the public, except as expressly provided by this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.007. Voluntary Disclosure of Certain Information When Disclosure Not Required

Sec. 552.007.  VOLUNTARY DISCLOSURE OF CERTAIN INFORMATION WHEN DISCLOSURE NOT REQUIRED.  (a)  This chapter does not prohibit a governmental body or its officer for public information from voluntarily making part or all of its information available to the public, unless the disclosure is expressly prohibited by law or the information is confidential under law.
(b)  Public information made available under Subsection (a) must be made available to any person.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.010. State Governmental Bodies: Fiscal and Other Information Relating to Making Information Accessible

Sec. 552.010.  STATE GOVERNMENTAL BODIES:  FISCAL AND OTHER INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE.  (a)  Each state governmental body shall report to the attorney general the information the attorney general requires regarding:
(1)  the number and nature of requests for information the state governmental body processes under this chapter in the period covered by the report; and
(2)  the cost to the state governmental body in that period in terms of capital expenditures and personnel time of:
(A)  responding to requests for information under this chapter; and
(B)  making information available to the public by means of the Internet or another electronic format.
(b)  The attorney general shall design and phase in the reporting requirements in a way that:
(1)  minimizes the reporting burden on state governmental bodies; and
(2)  allows the legislature and state governmental bodies to estimate the extent to which it is cost-effective for state government, and if possible the extent to which it is cost-effective or useful for members of the public, to make information available to the public by means of the Internet or another electronic format as a supplement or alternative to publicizing the information only in other ways or making the information available only in response to requests made under this chapter.
(c)  The attorney general shall share the information reported under this section with the open records steering committee.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 27.01, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter A. General Provisions › Section 552.011. Uniformity

Sec. 552.011.  UNIFORMITY.  The attorney general shall maintain uniformity in the application, operation, and interpretation of this chapter.  To perform this duty, the attorney general may prepare, distribute, and publish any materials, including detailed and comprehensive written decisions and opinions, that relate to or are based on this chapter.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.021. Availability of Public Information

Sec. 552.021.  AVAILABILITY OF PUBLIC INFORMATION.  Public information is available to the public at a minimum during the normal business hours of the governmental body.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.0215. Right of Access to Certain Information After 75 Years

Sec. 552.0215.  RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER 75 YEARS.  (a)  Except as provided by Section 552.147, the confidentiality provisions of this chapter, or other law, information that is not confidential but is excepted from required disclosure under Subchapter C is public information and is available to the public on or after the 75th anniversary of the date the information was originally created or received by the governmental body.
(b)  This section does not limit the authority of a governmental body to establish retention periods for records under applicable law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 462 (S.B. 1907), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.0221. Employee or Trustee of Public Employee Pension System

Sec. 552.0221.  EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION SYSTEM.  (a)  Information concerning the employment of an employee of a public employee pension system is public information under the terms of this chapter, including information concerning the income, salary, benefits, and bonuses received from the pension system by the employee in the person's capacity as an employee of the system, and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by any statute intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such.
(b)  Information concerning the service of a trustee of a public employee pension system is public information under the terms of this chapter, including information concerning the income, salary, benefits, and bonuses received from the pension system by the trustee in the person's capacity as a trustee of the system, and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by any statute intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such.
(c)  Information subject to Subsections (a) and (b) must be released only to the extent the information is not excepted from required disclosure under this subchapter or Subchapter C.
(d)  For purposes of this section, "benefits" does not include pension benefits provided to an individual by a pension system under the statutory plan covering the individual as a member, beneficiary, or retiree of the pension system.
Added by Acts 2009, 81st Leg., R.S., Ch. 58 (S.B. 1071), Sec. 1, eff. May 19, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.0222. Disclosure of Contracting Information

Sec. 552.0222.  DISCLOSURE OF CONTRACTING INFORMATION.  (a)  Contracting information is public and must be released unless excepted from disclosure under this chapter.
(b)  The exceptions to disclosure provided by Sections 552.110 and 552.1101 do not apply to the following types of contracting information:
(1)  a contract described by Section 2261.253(a), excluding any information that was properly redacted under Subsection (e) of that section;
(2)  a contract described by Section 322.020(c), excluding any information that was properly redacted under Subsection (d) of that section;
(3)  the following contract or offer terms or their functional equivalent:
(A)  any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price;
(B)  a description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract;
(C)  the delivery and service deadlines;
(D)  the remedies for breach of contract;
(E)  the identity of all parties to the contract;
(F)  the identity of all subcontractors in a contract;
(G)  the affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor;
(H)  the execution dates;
(I)  the effective dates; and
(J)  the contract duration terms, including any extension options; or
(4)  information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding:
(A)  a breach of contract;
(B)  a contract variance or exception;
(C)  a remedial action;
(D)  an amendment to a contract;
(E)  any assessed or paid liquidated damages;
(F)  a key measures report;
(G)  a progress report; and
(H)  a final payment checklist.
(c)  Notwithstanding Subsection (b), information described by Subdivisions (3)(A) and (B) of that subsection that relates to a retail electricity contract may not be disclosed until the delivery start date.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 2, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.023. Special Right of Access to Confidential Information

Sec. 552.023.  SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL INFORMATION.  (a)  A person or a person's authorized representative has a special right of access, beyond the right of the general public, to information held by a governmental body that relates to the person and that is protected from public disclosure by laws intended to protect that person's privacy interests.
(b)  A governmental body may not deny access to information to the person, or the person's representative, to whom the information relates on the grounds that the information is considered confidential by privacy principles under this chapter but may assert as grounds for denial of access other provisions of this chapter or other law that are not intended to protect the person's privacy interests.
(c)  A release of information under Subsections (a) and (b) is not an offense under Section 552.352.
(d)  A person who receives information under this section may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release the information was obtained.
(e)  Access to information under this section shall be provided in the manner prescribed by Sections 552.229 and 552.307.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.025. Tax Rulings and Opinions

Sec. 552.025.  TAX RULINGS AND OPINIONS.  (a)  A governmental body with taxing authority that issues a written determination letter, technical advice memorandum, or ruling that concerns a tax matter shall index the letter, memorandum, or ruling by subject matter.
(b)  On request, the governmental body shall make the index prepared under Subsection (a) and the document itself available to the public, subject to the provisions of this chapter.
(c)  Subchapter C  does not authorize withholding from the public or limiting the availability to the public of a written determination letter, technical advice memorandum, or ruling that concerns a tax matter and that is issued by a governmental body with taxing authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.026. Education Records

Sec. 552.026.  EDUCATION RECORDS.  This chapter does not require the release of information contained in education records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.027. Exception: Information Available Commercially; Resource Material

Sec. 552.027.  EXCEPTION:  INFORMATION AVAILABLE COMMERCIALLY;  RESOURCE MATERIAL.  (a)  A governmental body is not required under this chapter to allow the inspection of or to provide a copy of information in a commercial book or publication purchased or acquired by the governmental body for research purposes if the book or publication is commercially available to the public.
(b)  Although information in a book or publication may be made available to the public as a resource material, such as a library book, a governmental body is not required to make a copy of the information in response to a request for public information.
(c)  A governmental body shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of a governmental body.
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 12, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.028. Request for Information From Incarcerated Individual

Sec. 552.028.  REQUEST FOR INFORMATION FROM INCARCERATED INDIVIDUAL.  (a)  A governmental body is not required to accept or comply with a request for information from:
(1)  an individual who is imprisoned or confined in a correctional facility;  or
(2)  an agent of that individual, other than that individual's attorney when the attorney is requesting information that is subject to disclosure under this chapter.
(b)  This section does not prohibit a governmental body from disclosing to an individual described by Subsection (a)(1), or that individual's agent, information held by the governmental body pertaining to that individual.
(c)  In this section, "correctional facility" means:
(1)  a secure correctional facility, as defined by Section 1.07, Penal Code;
(2)  a secure correctional facility and a secure detention facility, as defined by Section 51.02, Family Code;  and
(3)  a place designated by the law of this state, another state, or the federal government for the confinement of a person arrested for, charged with, or convicted of a criminal offense.
Added by Acts 1995, 74th Leg., ch. 302, Sec. 1, eff. June 5, 1995.  Renumbered from Government Code Sec. 552.027 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(44), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1231, Sec. 6, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 154, Sec. 1, eff. May 21, 1999;  Acts 2001, 77th Leg., ch. 735, Sec. 1, eff. June 13, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 45, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter B. Right of Access to Public Information › Section 552.029. Right of Access to Certain Information Relating to Inmate of Department of Criminal Justice

Sec. 552.029.  RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.  Notwithstanding Section 508.313 or 552.134, the following information about an inmate who is confined in a facility operated by or under a contract with the Texas Department of Criminal Justice is subject to required disclosure under Section 552.021:
(1)  the inmate's name, identification number, age, birthplace, department photograph, physical description, or general state of health or the nature of an injury to or critical illness suffered by the inmate;
(2)  the inmate's assigned unit or the date on which the unit received the inmate, unless disclosure of the information would violate federal law relating to the confidentiality of substance abuse treatment;
(3)  the offense for which the inmate was convicted or the judgment and sentence for that offense;
(4)  the county and court in which the inmate was convicted;
(5)  the inmate's earliest or latest possible release dates;
(6)  the inmate's parole date or earliest possible parole date;
(7)  any prior confinement of the inmate by the Texas Department of Criminal Justice or its predecessor;  or
(8)  basic information regarding the death of an inmate in custody, an incident involving the use of force, or an alleged crime involving the inmate.
Added by Acts 1999, 76th Leg., ch. 783, Sec. 2, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(7), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1271 (H.B. 2197), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.101. Exception: Confidential Information

Sec. 552.101.  EXCEPTION:  CONFIDENTIAL INFORMATION.  Information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.102. Exception: Confidentiality of Certain Personnel Information

Sec. 552.102.  EXCEPTION:   CONFIDENTIALITY OF CERTAIN PERSONNEL INFORMATION.  (a)  Information is excepted from the requirements of Section 552.021 if it is information in a personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, except that all information in the personnel file of an employee of a governmental body is to be made available to that employee or the employee's designated representative as public information is made available under this chapter.  The exception to public disclosure created by this subsection is in addition to any exception created by Section 552.024.  Public access to personnel information covered by Section 552.024 is denied to the extent provided by that section.
(b)  Information is excepted from the requirements of Section 552.021 if it is a transcript from an institution of higher education maintained in the personnel file of a professional public school employee, except that this section does not exempt from disclosure the degree obtained or the curriculum on a transcript in the personnel file of the employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 6, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.103. Exception: Litigation or Settlement Negotiations Involving the State or a Political Subdivision

Sec. 552.103.  EXCEPTION:  LITIGATION OR SETTLEMENT NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.  (a)  Information is excepted from the requirements of Section 552.021 if it is information relating to litigation of a civil or criminal nature to which the state or a political subdivision is or may be a party or to which an officer or employee of the state or a political subdivision, as a consequence of the person's office or employment, is or may be a party.
(b)  For purposes of this section, the state or a political subdivision is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired or until the defendant has exhausted all appellate and postconviction remedies in state and federal court.
(c)  Information relating to litigation involving a governmental body or an officer or employee of a governmental body is excepted from disclosure under Subsection (a) only if the litigation is pending or reasonably anticipated on the date that the requestor applies to the officer for public information for access to or duplication of the information.
(d)  The exception to disclosure provided by this section does not apply to information requested under this chapter if:
(1)  the information relates to a general, primary, or special election, as those terms are defined by Section 1.005, Election Code;
(2)  the information is in the possession of a governmental body that administers elections described by Subdivision (1); and
(3)  the governmental body described by Subdivision (2) is not a governmental body described by Section 552.003(1)(A)(i).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.104. Exception: Information Related to Competition or Bidding

Sec. 552.104.  EXCEPTION:  INFORMATION RELATED TO COMPETITION OR BIDDING.  (a)  Information is excepted from the requirements of Section 552.021 if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future.
(b)  Except as provided by Subsection (c), the requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.
(c)  Subsection (b) does not apply to information described by Section 552.022(a) relating to the receipt or expenditure of public or other funds by a governmental body for a parade, concert, or other entertainment event paid for in whole or part with public funds.  A person, including a governmental body, may not include a provision in a contract related to an event described by this subsection that prohibits or would otherwise prevent the disclosure of information described by this subsection.  A contract provision that violates this subsection is void.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff. June 15, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 45 (H.B. 81), Sec. 1, eff. May 17, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 3, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.105. Exception: Information Related to Location or Price of Property

Sec. 552.105.  EXCEPTION:  INFORMATION RELATED TO LOCATION OR PRICE OF PROPERTY.  Information is excepted from the requirements of Section 552.021 if it is information relating to:
(1)  the location of real or personal property for a public purpose prior to public announcement of the project;  or
(2)  appraisals or purchase price of real or personal property for a public purpose prior to the formal award of contracts for the property.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.106. Exception: Certain Legislative Documents

Sec. 552.106.  EXCEPTION:  CERTAIN LEGISLATIVE DOCUMENTS.  (a)  A draft or working paper involved in the preparation of proposed legislation is excepted from the requirements of Section 552.021.
(b)  An internal bill analysis or working paper prepared by the governor's office for the purpose of evaluating proposed legislation is excepted from the requirements of Section 552.021.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1437, Sec. 1, eff. June 20, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.107. Exception: Certain Legal Matters

Sec. 552.107.  EXCEPTION:  CERTAIN LEGAL MATTERS.  Information is excepted from the requirements of Section 552.021 if:
(1)  it is information that the attorney general or an attorney of a political subdivision is prohibited from disclosing because of a duty to the client under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct; or
(2)  a court by order has prohibited disclosure of the information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 8.014, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.1081. Exception: Confidentiality of Certain Information Regarding Execution of Convict

Sec. 552.1081.  EXCEPTION:  CONFIDENTIALITY OF CERTAIN INFORMATION REGARDING EXECUTION OF CONVICT.  Information is excepted from the requirements of Section 552.021 if it contains identifying information under Article 43.14, Code of Criminal Procedure, including that of:
(1)  any person who participates in an execution procedure, including a person who uses, supplies, or administers a substance during the execution; and
(2)  any person or entity that manufactures, transports, tests, procures, compounds, prescribes, dispenses, or provides a substance or supplies used in an execution.
Added by Acts 2015, 84th Leg., R.S., Ch. 209 (S.B. 1697), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.109. Exception: Confidentiality of Certain Private Communications of an Elected Office Holder

Sec. 552.109.  EXCEPTION:  CONFIDENTIALITY OF CERTAIN PRIVATE COMMUNICATIONS OF AN ELECTED OFFICE HOLDER.  Private correspondence or communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy are excepted from the requirements of Section 552.021.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.110. Exception: Confidentiality of Trade Secrets; Confidentiality of Certain Commercial or Financial Information

Sec. 552.110.  EXCEPTION:  CONFIDENTIALITY OF TRADE SECRETS; CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL INFORMATION.  (a)  In this section, "trade secret" means all forms and types of information, including business, scientific, technical, economic, or engineering information, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or however stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if:
(1)  the owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret; and
(2)  the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.
(b)  Except as provided by Section 552.0222, information is excepted from the requirements of Section 552.021 if it is demonstrated based on specific factual evidence that the information is a trade secret.
(c)  Except as provided by Section 552.0222, commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from the requirements of Section 552.021.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 4, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.1101. Exception: Confidentiality of Proprietary Information

Sec. 552.1101.  EXCEPTION:  CONFIDENTIALITY OF PROPRIETARY INFORMATION.  (a)  Except as provided by Section 552.0222, information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from the requirements of Section 552.021 if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that disclosure of the information would:
(1)  reveal an individual approach to:
(A)  work;
(B)  organizational structure;
(C)  staffing;
(D)  internal operations;
(E)  processes; or
(F)  discounts, pricing methodology, pricing per kilowatt hour, cost data, or other pricing information that will be used in future solicitation or bid documents; and
(2)  give advantage to a competitor.
(b)  The exception to disclosure provided by Subsection (a) does not apply to:
(1)  information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; or
(2)  communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.
(c)  The exception to disclosure provided by Subsection (a) may be asserted only by a vendor, contractor, potential vendor, or potential contractor in the manner described by Section 552.305(b) for the purpose of protecting the interests of the vendor, contractor, potential vendor, or potential contractor.  A governmental body shall decline to release information as provided by Section 552.305(a) to the extent necessary to allow a vendor, contractor, potential vendor, or potential contractor to assert the exception to disclosure provided by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 5, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.111. Exception: Agency Memoranda

Sec. 552.111.  EXCEPTION:  AGENCY MEMORANDA.  An interagency or intraagency memorandum or letter that would not be available by law to a party in litigation with the agency is excepted from the requirements of Section 552.021.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.112. Exception: Certain Information Relating to Regulation of Financial Institutions or Securities

Sec. 552.112.  EXCEPTION:  CERTAIN INFORMATION RELATING TO REGULATION OF FINANCIAL INSTITUTIONS OR SECURITIES.  (a)  Information is excepted from the requirements of Section 552.021 if it is information contained in or relating to examination, operating, or condition reports prepared by or for an agency responsible for the regulation or supervision of financial institutions or securities, or both.
(b)  In this section, "securities" has the meaning assigned by The Securities Act (Title 12, Government Code).
(c)  Information is excepted from the requirements of Section 552.021 if it is information submitted by an individual or other entity to the Texas Legislative Council, or to any state agency or department overseen by the Finance Commission of Texas and the information has been or will be sent to the Texas Legislative Council, for the purpose of performing a statistical or demographic analysis of information subject to Section 323.020.  However, this subsection does not except from the requirements of Section 552.021 information that does not identify or tend to identify an individual or other entity and that is subject to required public disclosure under Section 323.020(e).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 918, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.19, eff. January 1, 2022.