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 552.222. Permissible Inquiry by Governmental Body to Requestor

Sec. 552.222.  PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO REQUESTOR.  (a)  The officer for public information and the officer's agent may not make an inquiry of a requestor except to establish proper identification or except as provided by Subsection (b), (c), or (c-1).
(b)  If what information is requested is unclear to the governmental body, the governmental body may ask the requestor to clarify the request.  If a large amount of information has been requested, the governmental body may discuss with the requestor how the scope of a request might be narrowed, but the governmental body may not inquire into the purpose for which information will be used.
(c)  If the information requested relates to a motor vehicle record, the officer for public information or the officer's agent may require the requestor to provide additional identifying information sufficient for the officer or the officer's agent to determine whether the requestor is eligible to receive the information under Chapter 730, Transportation Code.  In this subsection, "motor vehicle record" has the meaning assigned that term by Section 730.003, Transportation Code.
(c-1)  If the information requested includes a photograph described by Section 552.155(a), the officer for public information or the officer's agent may require the requestor to provide additional information sufficient for the officer or the officer's agent to determine whether the requestor is eligible to receive the information under Section 552.155(b).
(d)  If by the 61st day after the date a governmental body sends a written request for clarification or discussion under Subsection (b) or an officer for public information or agent sends a  written request for additional information under Subsection (c) the governmental body, officer for public information, or agent, as applicable, does not receive a written response from the requestor, the underlying request for public information is considered to have been withdrawn by the requestor.
(e)  A written request for clarification or discussion under Subsection (b) or a written request for additional information under Subsection (c) must include a statement as to the consequences of the failure by the requestor to timely respond to the request for clarification, discussion, or additional information.
(f)  Except as provided by Subsection (g), if the requestor's request for public information included the requestor's physical or mailing address, the request may not be considered to have been withdrawn under Subsection (d) unless the governmental body, officer for public information, or agent, as applicable, sends the request for clarification or discussion under Subsection (b) or the written request for additional information under Subsection (c) to that address by certified mail.
(g)  If the requestor's request for public information was sent by electronic mail, the request may be considered to have been withdrawn under Subsection (d) if:
(1)  the governmental body, officer for public information, or agent, as applicable, sends the request for clarification or discussion under Subsection (b) or the written request for additional information under Subsection (c) by electronic mail to the same electronic mail address from which the original request was sent or to another electronic mail address provided by the requestor; and
(2)  the governmental body, officer for public information, or agent, as applicable, does not receive from the requestor a written response or response by electronic mail within the period described by Subsection (d).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1187, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 296 (H.B. 1497), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 762 (H.B. 2134), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 835 (S.B. 46), Sec. 2, eff. September 1, 2015.