reglab/statecodes huggingface dataset:
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 552.232. Responding to Repetitious or Redundant Requests

Sec. 552.232.  RESPONDING TO REPETITIOUS OR REDUNDANT REQUESTS.  (a)  A governmental body that determines that a requestor has made a request for information for which the governmental body has previously furnished copies to the requestor or made copies available to the requestor on payment of applicable charges under Subchapter F,  shall respond to the request, in relation to the information for which copies have been already furnished or made available, in accordance with this section, except that:
(1)  this section does not prohibit the governmental body from furnishing the information or making the information available to the requestor again in accordance with the request;  and
(2)  the governmental body is not required to comply with this section in relation to information that the governmental body simply furnishes or makes available to the requestor again in accordance with the request.
(b)  The governmental body shall certify to the requestor that copies of all or part of the requested information, as applicable, were previously furnished to the requestor or made available to the requestor on payment of applicable charges under Subchapter F.  The certification must include:
(1)  a description of the information for which copies have been previously furnished or made available to the requestor;
(2)  the date that the governmental body received the requestor's original request for that information;
(3)  the date that the governmental body previously furnished copies of or made available copies of the information to the requestor;
(4)  a certification that no subsequent additions, deletions, or corrections have been made to that information;  and
(5)  the name, title, and signature of the officer for public information or the officer's agent making the certification.
(c)  A charge may not be imposed for making and furnishing a certification required under Subsection (b).
(d)  This section does not apply to information for which the governmental body has not previously furnished copies to the requestor or made copies available to the requestor on payment of applicable charges under Subchapter F.  A request by the requestor for information for which copies have not previously been furnished or made available to the requestor, including information for which copies were not furnished or made available because the information was redacted from other information that was furnished or made available or because the information did not yet exist at the time of an earlier request, shall be treated in the same manner as any other request for information under this chapter.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 13, eff. Sept. 1, 1999.
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 552.233. Ownership of Public Information

Sec. 552.233.  OWNERSHIP OF PUBLIC INFORMATION.  (a)  A current or former officer or employee of a governmental body does not have, by virtue of the officer's or employee's position or former position, a personal or property right to public information the officer or employee created or received while acting in an official capacity.
(b)  A temporary custodian with possession, custody, or control of public information shall surrender or return the information to the governmental body not later than the 10th day after the date the officer for public information of the governmental body or the officer's agent requests the temporary custodian to surrender or return the information.
(c)  A temporary custodian's failure to surrender or return public information as required by Subsection (b) is grounds for disciplinary action by the governmental body that employs the temporary custodian or any other applicable penalties provided by this chapter or other law.
(d)  For purposes of the application of Subchapter G to information surrendered or returned to a governmental body by a temporary custodian under Subsection (b), the governmental body is considered to receive the request for that information on the date the information is surrendered or returned to the governmental body.
Added by Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 6, eff. September 1, 2019.
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 552.234. Method of Making Written Request for Public Information

Sec. 552.234.  METHOD OF MAKING WRITTEN REQUEST FOR PUBLIC INFORMATION.  (a)  A person may make a written request for public information under this chapter only by delivering the request by one of the following methods to the applicable officer for public information or a person designated by that officer:
(1)  United States mail;
(2)  electronic mail;
(3)  hand delivery; or
(4)  any other appropriate method approved by the governmental body, including:
(A)  facsimile transmission; and
(B)  electronic submission through the governmental body's Internet website.
(b)  For the purpose of Subsection (a)(4), a governmental body is considered to have approved a method described by that subdivision only if the governmental body includes a statement that a request for public information may be made by that method on:
(1)  the sign required to be displayed by the governmental body under Section 552.205; or
(2)  the governmental body's Internet website.
(c)  A governmental body may designate one mailing address and one electronic mail address for receiving written requests for public information.  The governmental body shall provide the designated mailing address and electronic mailing address to any person on request.
(d)  A governmental body that posts the mailing address and electronic mail address designated by the governmental body under Subsection (c) on the governmental body's Internet website or that prints those addresses on the sign required to be displayed by the governmental body under Section 552.205 is not required to respond to a written request for public information unless the request is received:
(1)  at one of those addresses;
(2)  by hand delivery; or
(3)  by a method described by Subsection (a)(4) that has been approved by the governmental body.
Added by Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 6, eff. September 1, 2019.
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 552.235. Public Information Request Form

Sec. 552.235.  PUBLIC INFORMATION REQUEST FORM.  (a)  The attorney general shall create a public information request form that provides a requestor the option of excluding from a request information that the governmental body determines is:
(1)  confidential; or
(2)  subject to an exception to disclosure that the governmental body would assert if the information were subject to the request.
(b)  A governmental body that allows requestors to use the form described by Subsection (a) and maintains an Internet website shall post the form on its website.
Added by Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.261. Charge for Providing Copies of Public Information

Sec. 552.261.  CHARGE FOR PROVIDING COPIES OF PUBLIC INFORMATION.  (a)  The charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public information, including costs of materials, labor, and overhead.  If a request is for 50 or fewer pages of paper records, the charge for providing the copy of the public information may not include costs of materials, labor, or overhead, but shall be limited to the charge for each page of the paper record that is photocopied, unless the pages to be photocopied are located in:
(1)  two or more separate buildings that are not physically connected with each other;  or
(2)  a remote storage facility.
(b)  If the charge for providing a copy of public information includes costs of labor, the requestor may require the governmental body's officer for public information or the officer's agent to provide the requestor with a written statement as to the amount of time that was required to produce and provide the copy.  The statement must be signed by the officer for public information or the officer's agent and the officer's or the agent's name must be typed or legibly printed below the signature.  A charge may not be imposed for providing the written statement to the requestor.
(c)  For purposes of Subsection (a), a connection of two buildings by a covered or open sidewalk, an elevated or underground passageway, or a similar facility is insufficient to cause the buildings to be considered separate buildings.
(d)  Charges for providing a copy of public information are considered to accrue at the time the governmental body advises the requestor that the copy is available on payment of the applicable charges.
(e)  Except as otherwise provided by this subsection, all requests received in one calendar day from an individual may be treated as a single request for purposes of calculating costs under this chapter. A governmental body may not combine multiple requests under this subsection from separate individuals who submit requests on behalf of an organization.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 16, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1319, Sec. 14, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 864, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 894 (H.B. 3107), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.264. Copy of Public Information Requested by Member of Legislature

Sec. 552.264.  COPY OF PUBLIC INFORMATION REQUESTED BY MEMBER OF LEGISLATURE.  One copy of public information that is requested from a state agency by a member, agency, or committee of the legislature under Section 552.008 shall be provided without charge.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1585, Sec. 1, eff. June 20, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.265. Charge for Paper Copy Provided by District or County Clerk

Sec. 552.265.  CHARGE FOR PAPER COPY PROVIDED BY DISTRICT OR COUNTY CLERK.  The charge for providing a paper copy made by a district or county clerk's office shall be the charge provided by Chapter 51 of this code, Chapter 118, Local Government Code, or other applicable law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1155, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.266. Charge for Copy of Public Information Provided by Municipal Court Clerk

Sec. 552.266.  CHARGE FOR COPY OF PUBLIC INFORMATION PROVIDED BY MUNICIPAL COURT CLERK.  The charge for providing a copy made by a municipal court clerk shall be the charge provided by municipal ordinance.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.2661. Charge for Copy of Public Information Provided by School District

Sec. 552.2661.  CHARGE FOR COPY OF PUBLIC INFORMATION PROVIDED BY SCHOOL DISTRICT.  A school district that receives a request to produce public information for inspection or publication or to produce copies of public information in response to a requestor who, within the preceding 180 days, has accepted but failed to pay written itemized statements of estimated charges from the district as provided under Section 552.261(b) may require the requestor to pay the estimated charges for the request before the request is fulfilled.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 20, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.267. Waiver or Reduction of Charge for Providing Copy of Public Information

Sec. 552.267.  WAIVER OR REDUCTION OF CHARGE FOR PROVIDING COPY OF PUBLIC INFORMATION.  (a)  A governmental body shall provide a copy of public information without charge or at a reduced charge if the governmental body determines that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public.
(b)  If the cost to a governmental body of processing the collection of a charge for providing a copy of public information will exceed the amount of the charge, the governmental body may waive the charge.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.268. Efficient Use of Public Resources

Sec. 552.268.  EFFICIENT USE OF PUBLIC RESOURCES.  A governmental body shall make reasonably efficient use of supplies and other resources to avoid excessive reproduction costs.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.269. Overcharge or Overpayment for Copy of Public Information

Sec. 552.269.  OVERCHARGE OR OVERPAYMENT FOR COPY OF PUBLIC INFORMATION.  (a)  A person who believes the person has been overcharged for being provided with a copy of public information may complain to the attorney general in writing of the alleged overcharge, setting forth the reasons why the person believes the charges are excessive.  The attorney general shall review the complaint and make a determination in writing as to the appropriate charge for providing the copy of the requested information.  The governmental body shall respond to the attorney general to any written questions asked of the governmental body by the attorney general regarding the charges for providing the copy of the public information.  The response must be made to the attorney general within 10 business days after the date the questions are received by the governmental body.  If the attorney general determines that a governmental body has overcharged for providing the copy of requested public information, the governmental body shall promptly adjust its charges in accordance with the determination of the attorney general.
(b)  A person who overpays for a copy of public information because a governmental body refuses or fails to follow the rules for charges adopted by the attorney general is entitled to recover three times the amount of the overcharge if the governmental body did not act in good faith in computing the costs.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 864, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.270. Charge for Government Publication

Sec. 552.270.  CHARGE FOR GOVERNMENT PUBLICATION.  (a)  This subchapter does not apply to a publication that is compiled and printed by or for a governmental body for public dissemination.  If the cost of the publication is not determined by state law, a governmental body may determine the charge for providing the publication.
(b)  This section does not prohibit a governmental body from providing a publication free of charge if state law does not require that a certain charge be made.
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.271. Inspection of Public Information in Paper Record if Copy Not Requested

Sec. 552.271.  INSPECTION OF PUBLIC INFORMATION IN PAPER RECORD IF COPY NOT REQUESTED.  (a)  If the requestor does not request a copy of public information, a charge may not be imposed for making available for inspection any public information that exists in a paper record, except as provided by this section.
(b)  If a requested page contains confidential information that must be edited from the record before the information can be made available for inspection, the governmental body may charge for the cost of making a photocopy of the page from which confidential information must be edited.  No charge other than the cost of the photocopy may be imposed under this subsection.
(c)  Except as provided by Subsection (d), an officer for public information or the officer's agent may require a requestor to pay, or to make a deposit or post a bond for the payment of, anticipated personnel costs for making available for inspection public information that exists in paper records only if:
(1)  the public information specifically requested by the requestor:
(A)  is older than five years;  or
(B)  completely fills, or when assembled will completely fill, six or more archival boxes;  and
(2)  the officer for public information or the officer's agent estimates that more than five hours will be required to make the public information available for inspection.
(d)  If the governmental body has fewer than 16 full-time employees, the payment, the deposit, or the bond authorized by Subsection (c) may be required only if:
(1)  the public information specifically requested by the requestor:
(A)  is older than three years;  or
(B)  completely fills, or when assembled will completely fill, three or more archival boxes;  and
(2)  the officer for public information or the officer's agent estimates that more than two hours will be required to make the public information available for inspection.
(e)  A requestor who has exceeded a limit established by a governmental body under Section 552.275 may not inspect public information on behalf of another requestor unless the requestor who exceeded the limit has paid each statement issued by the governmental body under Section 552.275(e).
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1319, Sec. 18, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.272. Inspection of Electronic Record if Copy Not Requested

Sec. 552.272.  INSPECTION OF ELECTRONIC RECORD IF COPY NOT REQUESTED.  (a)  In response to a request to inspect information that exists in an electronic medium and that is not available directly on-line to the requestor, a charge may not be imposed for access to the information, unless complying with the request will require programming or manipulation of data.  If programming or manipulation of data is required, the governmental body shall notify the requestor before assembling the information and provide the requestor with an estimate of charges that will be imposed to make the information available.  A charge under this section must be assessed in accordance with this subchapter.
(b)  If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means, the electronic form of the information may be electronically copied from that computer without charge if accessing the information does not require processing, programming, or manipulation on the government-owned or government-leased computer before the information is copied.
(c)  If public information exists in an electronic form on a computer owned or leased by a governmental body and if the public has direct access to that computer through a computer network or other means and the information requires processing, programming, or manipulation before it can be electronically copied, a governmental body may impose charges in accordance with this subchapter.
(d)  If information is created or kept in an electronic form, a governmental body is encouraged to explore options to separate out confidential information and to make public information available to the public through electronic access through a computer network or by other means.
(e)  The provisions of this section that prohibit a governmental entity from imposing a charge for access to information that exists in an electronic medium do not apply to the collection of a fee set by the supreme court after consultation with the Judicial Committee on Information Technology as authorized by Section 77.031 for the use of a computerized electronic judicial information system.
(f)  A requestor who has exceeded a limit established by a governmental body under Section 552.275 may not inspect public information on behalf of another requestor unless the requestor who exceeded the limit has paid each statement issued by the governmental body under Section 552.275(e).
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1327, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter F. Charges for Providing Copies of Public Information › Section 552.274. Report by Attorney General on Cost of Copies

Sec. 552.274.  REPORT BY ATTORNEY GENERAL ON COST OF COPIES.  (a)  The attorney general shall:
(1)  biennially update a report prepared by the attorney general about the charges made by state agencies for providing copies of public information; and
(2)  provide a copy of the updated report on the attorney general's open records page on the Internet not later than March 1 of each even-numbered year.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(62), eff. June 17, 2011.
(c)  In this section, "state agency" has the meaning assigned by Sections 2151.002(2)(A) and (C).
Added by Acts 1995, 74th Leg., ch. 693, Sec. 17, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 552.270 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(47), eff. Sept. 1, 1997.  Renumbered from Government Code Sec.  552.270 and amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 19, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 9.008(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 9, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 9, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 7, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(62), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.014, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.302. Failure to Make Timely Request for Attorney General Decision; Presumption That Information Is Public

Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC.  If a governmental body does not request an attorney general decision as provided by Section 552.301 and provide the requestor with the information required by Sections 552.301(d) and (e-1), the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 21, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.303. Delivery of Requested Information to Attorney General; Disclosure of Requested Information; Attorney General Request for Submission of Additional Information

Sec. 552.303.  DELIVERY OF REQUESTED INFORMATION TO ATTORNEY GENERAL;  DISCLOSURE OF REQUESTED INFORMATION;  ATTORNEY GENERAL REQUEST FOR SUBMISSION OF ADDITIONAL INFORMATION.  (a)  A governmental body that requests an attorney general decision under this subchapter shall supply to the attorney general, in accordance with Section 552.301, the specific information requested.  Unless the information requested is confidential by law, the governmental body may disclose the requested information to the public or to the requestor before the attorney general makes a final determination that the requested information is public or, if suit is filed under this chapter, before a final determination that the requested information is public has been made by the court with jurisdiction over the suit, except as otherwise provided by Section 552.322.
(b)  The attorney general may determine whether a governmental body's submission of information to the attorney general under Section 552.301 is sufficient to render a decision.
(c)  If the attorney general determines that information in addition to that required by Section 552.301 is necessary to render a decision, the attorney general shall give written notice of that fact to the governmental body and the requestor.
(d)  A governmental body notified under Subsection (c) shall submit the necessary additional information to the attorney general not later than the seventh calendar day after the date the notice is received.
(e)  If a governmental body does not comply with Subsection (d), the information that is the subject of a person's request to the governmental body and regarding which the governmental body fails to comply with Subsection (d) is presumed to be subject to required public disclosure and must be released unless there exists a compelling reason to withhold 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. 19, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1319, Sec. 22, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.3031. Electronic Submission of Request for Attorney General Decision

Sec. 552.3031.  ELECTRONIC SUBMISSION OF REQUEST FOR ATTORNEY GENERAL DECISION.  (a)  This section does not apply to a request for an attorney general decision made under this subchapter if:
(1)  the governmental body requesting the decision:
(A)  has fewer than 16 full-time employees; or
(B)  is located in a county with a population of less than 150,000;
(2)  the amount or format of responsive information at issue in a particular request makes use of the attorney general's electronic filing system impractical or impossible; or
(3)  the request is hand delivered to the office of the attorney general.
(b)  A governmental body that requests an attorney general decision under this subchapter must submit the request through the attorney general's designated electronic filing system.
(c)  The attorney general may adopt rules necessary to implement this section, including rules that define the amount or type of formatting of information described by Subsection (a)(2) that makes use of the electronic filing system impractical or impossible.
Added by Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.3035. Disclosure of Requested Information by Attorney General

Sec. 552.3035.  DISCLOSURE OF REQUESTED INFORMATION BY ATTORNEY GENERAL.  The attorney general may not disclose to the requestor or the public any information submitted to the attorney general under Section 552.301(e)(1)(D).
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 23, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.304. Submission of Public Comments

Sec. 552.304.  SUBMISSION OF PUBLIC COMMENTS.  (a)  A person may submit written comments stating reasons why the information at issue in a request for an attorney general decision should or should not be released.
(b)  A person who submits written comments to the attorney general under Subsection (a) shall send a copy of those comments to both the person who requested the information from the governmental body and the governmental body.  If the written comments submitted to the attorney general disclose or contain the substance of the information requested from the governmental body, the copy of the comments sent to the person who requested the information must be a redacted copy.
(c)  In this section, "written comments" includes a letter, a memorandum, or a brief.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 20, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.305. Information Involving Privacy or Property Interests of Third Party

Sec. 552.305.  INFORMATION INVOLVING PRIVACY OR PROPERTY INTERESTS OF THIRD PARTY.  (a)  In a case in which information is requested under this chapter and a person's privacy or property interests may be involved, including a case under Section 552.101, 552.110, 552.1101, 552.114, 552.131, or 552.143, a governmental body may decline to release the information for the purpose of requesting an attorney general decision.
(b)  A person whose interests may be involved under Subsection (a), or any other person, may submit in writing to the attorney general the person's reasons why the information should be withheld or released.
(c)  The governmental body may, but is not required to, submit its reasons why the information should be withheld or released.
(d)  If release of a person's proprietary information may be subject to exception under Section 552.101, 552.110, 552.1101, 552.113, 552.131, or 552.143, the governmental body that requests an attorney general decision under Section 552.301 shall make a good faith attempt to notify that person of the request for the attorney general decision.  Notice under this subsection must:
(1)  be in writing and sent within a reasonable time not later than the 10th business day after the date the governmental body receives the request for the information; and
(2)  include:
(A)  a copy of the written request for the information, if any, received by the governmental body; and
(B)  a statement, in the form prescribed by the attorney general, that the person is entitled to submit in writing to the attorney general within a reasonable time not later than the 10th business day after the date the person receives the notice:
(i)  each reason the person has as to why the information should be withheld; and
(ii)  a letter, memorandum, or brief in support of that reason.
(e)  A person who submits a letter, memorandum, or brief to the attorney general under Subsection (d) shall send a copy of that letter, memorandum, or brief to the person who requested the information from the governmental body.  If the letter, memorandum, or brief submitted to the attorney general contains the substance of the information requested, the copy of the letter, memorandum, or brief may be a redacted copy.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 21, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1319, Sec. 24, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 7, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.307. Special Right of Access; Attorney General Decisions

Sec. 552.307.  SPECIAL RIGHT OF ACCESS;  ATTORNEY GENERAL DECISIONS.  (a)  If a governmental body determines that information subject to a special right of access under Section 552.023 is exempt from disclosure under an exception of Subchapter C, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, the governmental body shall, before disclosing the information, submit a written request for a decision to the attorney general under the procedures of this subchapter.
(b)  If a decision is not requested under Subsection (a), the governmental body shall release the information to the person with a special right of access under Section 552.023 not later than the 10th business day after the date of receiving the request for information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 349 (S.B. 175), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.308. Timeliness of Action by United States Mail, Interagency Mail, or Common or Contract Carrier

Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL, INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER.  (a)  Except as provided by Section 552.3031, when this subchapter requires a request, notice, or other document to be submitted or otherwise given to a person within a specified period, the requirement is met in a timely fashion if the document is sent to the person by first class United States mail or common or contract carrier properly addressed with postage or handling charges prepaid and:
(1)  it bears a post office cancellation mark or a receipt mark of a common or contract carrier indicating a time within that period; or
(2)  the person required to submit or otherwise give the document furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period.
(b)  Except as provided by Section 552.3031, when this subchapter requires an agency of this state to submit or otherwise give to the attorney general within a specified period a request, notice, or other writing, the requirement is met in a timely fashion if:
(1)  the request, notice, or other writing is sent to the attorney general by interagency mail; and
(2)  the agency provides evidence sufficient to establish that the request, notice, or other writing was deposited in the interagency mail within that period.
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 23, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 26, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 909, Sec. 1, 2, eff. June 20, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.309. Timeliness of Action by Electronic Submission

Sec. 552.309.  TIMELINESS OF ACTION BY ELECTRONIC SUBMISSION.  (a)  When this subchapter requires a request, notice, or other document to be submitted or otherwise given to the attorney general within a specified period, the requirement is met in a timely fashion if the document is submitted to the attorney general through the attorney general's designated electronic filing system within that period.
(b)  The attorney general may electronically transmit a notice, decision, or other document.  When this subchapter requires the attorney general to deliver a notice, decision, or other document within a specified period, the requirement is met in a timely fashion if the document is electronically transmitted by the attorney general within that period.
(c)  This section does not affect the right of a person or governmental body to submit information to the attorney general under Section 552.308.
Added by Acts 2011, 82nd Leg., R.S., Ch. 552 (H.B. 2866), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter G. Attorney General Decisions › Section 552.310. Searchable Database

Sec. 552.310.  SEARCHABLE DATABASE.  (a)  The office of the attorney general shall make available on the office's Internet website an easily accessible and searchable database consisting of:
(1)  information identifying each request for an attorney general decision made under this subchapter; and
(2)  the attorney general's opinion issued for the request.
(b)  The database at a minimum must allow a person to search for a request or opinion described by Subsection (a) by:
(1)  the name of the governmental body making the request; and
(2)  the exception under Subchapter C that a governmental body asserts in the request applies to its request to withhold information from public disclosure.
(c)  The database must allow a person to view the current status of a request described by Subsection (a)(1) and an estimated timeline indicating the date each stage of review of the request will be started and completed.
Added by Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.321. Suit for Writ of Mandamus

Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS.  (a)  A requestor or the attorney general may file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to request an attorney general's decision as provided by Subchapter G  or refuses to supply public information or information that the attorney general has determined is public information that is not excepted from disclosure under Subchapter C.
(b)  A suit filed by a requestor under this section must be filed in a district court for the county in which the main offices of the governmental body are located.  A suit filed by the attorney general under this section must be filed in a district court of Travis County, except that a suit against a municipality with a population of 100,000 or less must be filed in a district court for the county in which the main offices of the municipality are located.
(c)  A requestor may file suit for a writ of mandamus compelling a governmental body or an entity to comply with the requirements of Subchapter J.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1319, Sec. 27, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 8, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.322. Discovery of Information Under Protective Order Pending Final Determination

Sec. 552.322.  DISCOVERY OF INFORMATION UNDER PROTECTIVE ORDER PENDING FINAL DETERMINATION.  In a suit filed under this chapter, the court may order that the information at issue may be discovered only under a protective order until a final determination is made.
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 H. Civil Enforcement › Section 552.3221. In Camera Inspection of Information

Sec. 552.3221.  IN CAMERA INSPECTION OF INFORMATION.  (a)  In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case.
(b)  Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order.  The order shall further note the filing date and time.
(c)  The information at issue filed with the court for in camera inspection shall be:
(1)  appended to the order and transmitted by the court to the clerk for filing as "information at issue";
(2)  maintained in a sealed envelope or in a manner that precludes disclosure of the information; and
(3)  transmitted by the clerk to any court of appeal as part of the clerk's record.
(d)  Information filed with the court under this section does not constitute "court records" within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection.
(e)  For purposes of this section, "information at issue" is defined as information held by a governmental body that forms the basis of a suit under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 461 (S.B. 983), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.323. Assessment of Costs of Litigation and Reasonable Attorney Fees

Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND REASONABLE ATTORNEY FEES.  (a)  In an action brought under Section 552.321 or 552.3215, the court shall assess costs of litigation and reasonable attorney fees incurred by a plaintiff who substantially prevails, except that the court may not assess those costs and fees against a governmental body if the court finds that the governmental body acted in reasonable reliance on:
(1)  a judgment or an order of a court applicable to the governmental body;
(2)  the published opinion of an appellate court;  or
(3)  a written decision of the attorney general, including a decision issued under Subchapter G  or an opinion issued under Section 402.042.
(b)  In an action brought under Section 552.324, the court may not assess costs of litigation or reasonable attorney's fees incurred by a plaintiff or defendant who substantially prevails unless the court finds the action or the defense of the action was groundless in fact or law.  In exercising its discretion under this subsection, the court shall consider whether the conduct of the governmental body had a reasonable basis in law and whether the litigation was brought in good faith.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 29, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 9, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 616 (S.B. 988), 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 H. Civil Enforcement › Section 552.324. Suit by Governmental Body

Sec. 552.324.  SUIT BY GOVERNMENTAL BODY.  (a)  The only suit a governmental body may file seeking to withhold information from a requestor is a suit that:
(1)  is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and
(2)  seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G.
(b)  The governmental body must bring the suit not later than the 30th calendar day after the date the governmental body receives the decision of the attorney general determining that the requested information must be disclosed to the requestor.  If the governmental body does not bring suit within that period, the governmental body shall comply with the decision of the attorney general.  If a governmental body wishes to preserve an affirmative defense for its officer for public information as provided in Section 552.353(b)(3), suit must be filed within the deadline provided in Section 552.353(b)(3).
Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1319, Sec. 30, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 10, eff. September 1, 2009.