The Public Information Act

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:

• 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 itemized 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 General Services 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.

Responsibilities of Governmental Bodies

All governmental bodies responding to information requests have the responsibility to:

Procedures to Obtain Information

A. Information to be released

• 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 days of the date the governmental body sent it or the request is considered automatically withdrawn.

• If estimated costs exceed $100.00 (or $50.00 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 $100.00, or obtain a security deposit, before processing additional requests from you.

B. Information that may be withheld due to an exception

By the 10th business day after a governmental body receives your written request, a governmental body must:

1. request an Attorney General opinion and state which exceptions apply;

2. notify the requestor of the referral to the Attorney General; and

3. 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 information from this governmental body, please contact: Dana Edgerton, Public Information Officer

You may send your request...
By mail to: 2601 North Lamar Boulevard, Austin TX 78705
By e-mail to: public.information@occc.state.tx.us
By fax to: 512.936.7610
In person at: Office of Consumer Credit Commissioner, State Finance Commission Building, 2601 North Lamar Boulevard, Austin TX

For complaints regarding failure to release public information please contact your local County or District Attorney.

You may also contact the Office of the Attorney General, Open Records Hotline, at 512-478-6736 or toll-free at 1-877-673-6839.

For complaints regarding overcharges, please contact the General Services Commission at 512-475-2497.

If you need special accommodation pursuant to the Americans With Disabilities Act (ADA), please contact Sue Jevning at 512.936.7600.

 

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