Open Records Information/Informacion de Registros Publicos
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Public Information Act
The Texas Public Information Act provides the public the right to request access to city records either for public inspection or to obtain copies. **Note there may be a fee assessed for requests following the Act.
Governmental Body's Responsibilities
The Texas Public Information Act does not require a governmental body to create new information, do legal research or answer questions. The request must ask for records or information already in existence. A municipality must make a good faith effort to provide access or copies of requested city records in a "prompt" manner. The Act states "promptly" means that a governmental body may take a reasonable amount of time to produce the information but may not delay".
Public Information Request (General Records)
Public information includes any information that is collected, assembled, or maintained by or for a governmental entity, regardless of format. However, there are certain records that are excepted from required disclosure by state statute. (For instance, personal information regarding individuals who meet the definition of "peace officer," certain information contained in employees’ personnel files, employee’s medical records, etc.
The Public Information Act requires that the city "promptly produce" the public information and that requests must be accomplished in a reasonable time period. There is often a misconception that the records must be produced within ten days. In some instances, records can be produced in less than ten days, but in other cases which entail producing a substantial number of documents, it may take several weeks. If it will take longer than ten business days to provide requested records, the city must certify in writing to the requestor when (within a reasonable time) the information will be available. If the city feels that the requested information falls within one of the statutory exceptions, the city must request a ruling from the Attorney General within ten business days after the date the city received the written request.