Texas Government Code, Chapter 552, gives you the right to access
government records; and an officer for public information and the
officer's agent may not ask why you want them. All government
information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information.
Governmental bodies shall promptly release requested information that
is not confidential by law, either constitutional, statutory, or by
judicial decision, or information for which an exception to disclosure
has not been sought.
Rights of Requestors
You have the right to: |
Responsibilities of Governmental Bodies
All governmental bodies responding to information
requests have the responsibility to: |
- Prompt access to information that is not
confidential or otherwise protected;
- Receive
treatment equal to all other requestors, including
accommodation in accordance with the Americans with
Disabilities Act (ADA) requirements;
- Receive
certain kinds of information without exceptions, like the
voting record of public officials, and other
information;
- Receive a written statement of estimated
charges, when charges will exceed $40, in advance of work
being started and opportunity to modify the request in
response to the itemized statement;
- Choose whether
to inspect the requested information (most often at no
charge), receive copies of the information or both;
- A waiver or reduction of charges if the governmental
body determines that access to the information primarily
benefits the general public;
- Receive a copy of the
communication from the governmental body asking the Office
of the Attorney General for a ruling on whether the
information can be withheld under one of the accepted
exceptions, or if the communication discloses the requested
information, a redacted copy;
- Lodge a written
complaint about overcharges for public information with the
Texas Building and Procurement Commission. Complaints of
other possible violations may be filed with the county or
district attorney of the county where the governmental body,
other than a state agency, is located. If the complaint is
against the county or district attorney, the complaint must
be filed with the Office of the Attorney General.
| - Establish reasonable procedures
for inspecting or copying public information and inform
requestors of these procedures;
- Treat all
requestors uniformly and shall give to the requestor all
reasonable comfort and facility, including accommodation in
accordance with ADA requirements;
- Be informed about
open records laws and educate employees on the requirements
of those laws;
- Inform requestors of the estimated
charges greater than $40 and any changes in the estimates
above 20 percent of the original estimate, and confirm that
the requestor accepts the charges, has amended the request,
or has sent a complaint of overcharges to the Texas Building
and Procurement Commission, in writing before finalizing the
request;
- Inform the requestor if the information
cannot be provided promptly and set a date and time to
provide it within a reasonable time;
- Request a
ruling from the Office of the Attorney General regarding any
information the governmental body wishes to withhold, and
send a copy of the request for ruling, or a redacted copy,
to the requestor;
- Segregate public information from
information that may be withheld and provide that public
information promptly;
- Make a good faith attempt to
inform third parties when their proprietary information is
being requested from the governmental body;
- Respond
in writing to all written communications from the Texas
Building and Procurement Commission regarding charges for
the information. Respond to the Office of the Attorney
General regarding complaints about violations of the
Act.
|
Procedures to Obtain Information
- Submit a request by mail, fax, email or in person according to
a governmental body's reasonable procedures.
- Include enough
description and detail about the information requested to enable the
governmental body to accurately identify and locate the information
requested.
- Cooperate with the governmental body's reasonable
efforts to clarify the type or amount of information requested.
A. Information to be released |
B. Information that may be withheld
due to an exception |
- You may review it promptly, and if it
cannot be produced within 10 working days the public
information officer will notify you in writing of the
reasonable date and time when it will be available.
- Keep all appointments to inspect records and to pick up
copies. Failure to keep appointments may result in losing
the opportunity to inspect the information at the time
requested.
Cost of Records
- You must respond to any written estimate of charges
within 10 business days of the date the governmental body
sent it or the request is considered automatically
withdrawn.
- If estimated costs exceed $100 (or $50 if
a governmental body has fewer than 16 full time employees)
the governmental body may require a bond, prepayment or
deposit.
- You may ask the governmental body to
determine whether providing the information primarily
benefits the general public, resulting in a waiver or
reduction of charges.
- Make a timely payment for all
mutually agreed charges. A governmental body can demand
payment of overdue balances exceeding $100, or obtain a
security deposit, before processing additional requests from
you.
| - By the 10th
business day after a governmental body receives your written
request, a governmental body must:
- request an
Attorney General opinion and state which exceptions
apply;
- notify the requestor of the referral to
the Attorney General; and
- notify third parties
if the request involves their proprietary
information.
- Failure to request an
Attorney General opinion and notify the requestor within 10
business days will result in a presumption that the
information is open unless there is a compelling reason to
withhold it.
- Requestors may send a letter to the
Attorney General arguing for release, and may review
arguments made by the governmental body. If the arguments
disclose the requested information, the requestor may obtain
a redacted copy.
- The Attorney General must issue a
decision no later than the 45th working day from the day
after the attorney general received the request for a
decision. The attorney general may request an additional 10
working day extension.
- Governmental bodies may not
ask the Attorney General to "reconsider" an
opinion.
|
To request documents containing public information/information from
this governmental body, please contact:
You may send your request:
By mail to: | Civil
Division Attention: Open Records Criminal District
Attorney’s Office Tim Curry Criminal Justice Center
401 West Belknap, 9th Floor Fort Worth, Texas
76196-0201 |
By e-mail to: | openrecords@tarrantcountytx.gov
|
By fax to: |
817-884-1675 |
In person at: | Criminal District Attorney’s Office Tim Curry
Criminal Justice Center 401 West Belknap, 9th
Floor – Civil Division Fort Worth, Texas 76196-0201 |
For complaints regarding failure to release public information
please contact :
Open Records Complaints
Criminal
District Attorney’s Office
Tim Curry Criminal Justice
Center
401 West Belknap, 9th Floor – Civil
Division
Fort Worth, Texas 76196-0201
By e-mail to:
openrecords-complaint@tarrantcountytx.gov
You may also contact the Office of the Attorney General, Open
Records Hotline, at 478-6736 or toll-free at 1-877-673-6839.
For complaints regarding overcharges, please contact the Texas
Building and Procurement Commission at 512-475-2497.