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The following version of the Texas Public Information Act includes amendments enacted by the Seventy-sixth Legislature, 1999. The amendments were compiled by the Open Records Division of the Office of the Attorney General. The Office of the Attorney General makes no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
Text of the Texas Public Information Act
Government Code Chapter 552. Public Information
Subchapter A. General Provisions
§ 552.001. Policy; Construction
(a) Under the fundamental philosophy of the American constitutional form of representative
government that adheres to the principle that government is the servant and not the master of the
people, it is the policy of this state that each person is entitled, unless otherwise expressly provided
by law, at all times to complete information about the affairs of government and the official acts of
public officials and employees. The people, in delegating authority, do not give their public servants
the right to decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the instruments they have
created. The provisions of this chapter shall be liberally construed to implement this policy.
(b) This chapter shall be liberally construed in favor of granting a request for information.
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§ 552.002. Definition of Public Information; Media Containing Public Information
(a) In this chapter, "public information" means information that is collected, assembled, or
maintained under a law or ordinance or in connection with the transaction of official business:
(1) by a governmental body; or
(2) for a governmental body and the governmental body owns the information or has a right
of access to it.
(b) The media on which public information is recorded include:
(1) paper;
(2) film;
(3) a magnetic, optical, or solid state device that can store an electronic signal;
(4) tape;
(5) Mylar;
(6) linen;
(7) silk; and
(8) vellum.
(c) The general forms in which the media containing public information exist include a book, paper,
letter, document, printout, photograph, film, tape, microfiche, microfilm,
photostat, sound recording,
map and drawing and a voice, data, or video representation held in computer memory.
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§ 552.003. Definitions
In this chapter:
(1) "Governmental body":
(A) means:
(i) a board, commission, department, committee, institution, agency, or office that
is within or is created by the executive or legislative branch of state government and
that is directed by one or more elected or appointed members;
(ii) a county commissioners court in the state;
(iii) a municipal governing body in the state;
(iv) a deliberative body that has rulemaking or quasi-judicial power and that is
classified as a department, agency, or political subdivision of a county or
municipality;
(v) a school district board of trustees;
(vi) a county board of school trustees;
(vii) a county board of education;
(viii) the governing board of a special district;
(ix) the governing body of a nonprofit corporation organized under Chapter 67,
Water Code, that provides a water supply or wastewater service, or both, and is
exempt from ad valorem taxation under Section 11.30, Tax Code; and
(x) the part, section, or portion of an organization, corporation, commission,
committee, institution, or agency that spends or that is supported in whole or in part
by public funds; and
(B) does not include the judiciary.
(2) "Manipulation" means the process of modifying, reordering, or decoding of information with
human intervention.
(3) "Processing" means the execution of a sequence of coded instructions by a computer producing
a result.
(4) "Programming" means the process of producing a sequence of coded instructions that can be
executed by a computer.
(5) "Public funds" means funds of the state or of a governmental subdivision of the state.
(6) "Requestor" means a person who submits a request to a governmental body for inspection or
copies of public information.
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§ 552.0035. Certain Property Owners' Associations Subject to Law
A property owners' association is subject to this chapter in the same manner as a governmental body
if:
(1) membership in the property owners' association is mandatory for owners or for a defined class
of owners of private real property in a defined geographic area in a county with a population of 2.8
million or more or in a county adjacent to a county with a population of 2.8 million or more;
(2) the property owners' association has the power to make mandatory special assessments for
capital improvements or mandatory regular assessments; and
(3) the amount of the mandatory special or regular assessments is or has ever been based in whole
or in part on the value at which the state or a local governmental body assesses the property for
purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution.
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§ 552.0035. Access to Information of Judiciary
(a) Access to information collected, assembled, or maintained by or for the judiciary is governed
by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.
(b) This section does not address whether information is considered to be information collected,
assembled, or maintained by or for the judiciary.
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§ 552.004. Preservation of Information
A governmental body or, for information of an elective county office, the elected county officer, may
determine a time for which information that is not currently in use will be preserved, subject to any
applicable rule or law governing the destruction and other disposition of state and local government
records or public information.
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§ 552.005. Effect of Chapter on Scope of Civil Discovery
(a) This chapter does not affect the scope of civil discovery under the Texas Rules of Civil
Procedure.
(b) Exceptions from disclosure under this chapter do not create new privileges from discovery.
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§ 552.0055. Subpoena Duces Tecum or Discovery Request
A subpoena duces tecum or a request for discovery that is issued in compliance with a statute or a
rule of civil or criminal procedure is not considered to be a request for information under this
chapter.
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§ 552.006. Effect of Chapter on Withholding Public Information
This chapter does not authorize the withholding of public information or limit the availability of
public information to the public, except as expressly provided by this chapter.
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§ 552.007. Voluntary Disclosure of Certain Information When Disclosure Not Required
(a) This chapter does not prohibit a governmental body or its officer for public information from
voluntarily making part or all of its information available to the public, unless the disclosure is
expressly prohibited by law or the information is confidential under law.
(b) Public information made available under Subsection (a) must be made available to any person.
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§ 552.008. Information for Legislative Purposes
(a) This chapter does not grant authority to withhold information from individual members,
agencies, or committees of the legislature to use for legislative purposes.
(b) A governmental body on request by an individual member, agency, or committee of the
legislature shall provide public information, including confidential information, to the requesting
member, agency, or committee for inspection or duplication in accordance with this chapter if the
requesting member, agency or committee states that the public information is requested under this
chapter for legislative purposes. A governmental body, by providing public information under this
section that is confidential or otherwise excepted from required disclosure under law, does not waive
or affect the confidentiality of the information for purposes of state or federal law or waive the right
to assert exceptions to required disclosure of the information in the future. The governmental body
may require the requesting individual member of the legislature, the requesting legislative agency
or committee, or the members or employees of the requesting entity who will view or handle
information that is received under this section and that is confidential under law to sign a
confidentiality agreement that covers the information and requires that:
(1) the information not be disclosed outside the requesting entity, or within the requesting
entity for purposes other than the purpose for which it was received;
(2) the information be labeled as confidential;
(3) the information be kept securely; or
(4) the number of copies made of the information or the notes taken from the information
that implicate the confidential nature of the information be controlled, with all copies or
notes that are not destroyed or returned to the governmental body remaining confidential and
subject to the confidentiality agreement.
(c) This section does not affect:
(1) the right of an individual member, agency, or committee of the legislature to obtain
information from a governmental body under other law, including under the rules of either
house of the legislature;
(2) the procedures under which the information is obtained under other law; or
(3) the use that may be made of the information obtained under other law.
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§ 552.009. Open Records Steering Committee: Advice to Commission; Electronic Availability of Public Information
(a) The open records steering committee is composed of:
(1) a representative of each of the following, appointed by its governing entity:
(A) the attorney general's office;
(B) the comptroller's office;
(C) the Department of Public Safety;
(D) the Department of Information Resources;
(E) the Texas State Library and Archives Commission; and
(F) the General Services Commission;
(2) five public members, appointed by the General Services Commission; and
(3) a representative of each of the following types of local governments, appointed by the
General Services Commission:
(A) a municipality;
(B) a county; and
(C) a school district.
(b) The representative of the General Services Commission is the presiding officer of the committee.
The committee shall meet as prescribed by committee procedures or at the call of the presiding
officer.
(c) The committee shall advise the General Services Commission regarding the commission's
performance of its duties under this chapter.
(d) The members of the committee who represent state governmental bodies and the public
members of the committee shall periodically study and determine the types of public information
for which it would be useful to the public or cost-effective for the government if the type of
information were made available by state governmental bodies by means of the Internet or another
electronic format. The committee shall report its findings and recommendations to the governor,
the presiding officer of each house of the legislature, and the budget committee and state affairs
committee of each house of the legislature.
(e) Chapter 2110 does not apply to the size, composition, or duration of the committee. Chapter
2110 applies to the reimbursement of a public member's expenses related to service on the
committee. Any reimbursement of the expenses of a member who represents a state or local
governmental body may be paid only from funds available to the state or local governmental body
the member represents.
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§ 552.010. State Governmental Bodies: Fiscal and Other Information Relating to Making
Information Accessible
(a) Each state governmental body shall report to the Legislative Budget Board the information the
board requires regarding:
(1) the number and nature of requests for information the state governmental body processes
under this chapter in the period covered by the report; and
(2) the cost to the state governmental body in that period in terms of capital expenditures
and personnel time of:
(A) responding to requests for information under this chapter; and
(B) making information available to the public by means of the Internet or another
electronic format.
(b) The Legislative Budget Board shall design and phase in the reporting requirements in a way that:
(1) minimizes the reporting burden on state governmental bodies; and
(2) allows the legislature and state governmental bodies to estimate the extent to which it
is cost-effective for state government, and if possible the extent to which it is cost-effective
or useful for members of the public, to make information available to the public by means
of the Internet or another electronic format as a supplement or alternative to publicizing the
information only in other ways or making the information available only in response to
requests made under this chapter.
(c) The open records steering committee and the state auditor, at the request of the Legislative
Budget Board, shall assist the board in designing its reporting requirements under this section. The
board shall share the information reported under this section with the open records steering
committee.
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§ 552.011. Uniformity
The attorney general shall maintain uniformity in the application, operation, and interpretation of
this chapter. To perform this duty, the attorney general may prepare, distribute, and publish any
materials, including detailed and comprehensive written decisions and opinions, that relate to or are
based on this chapter.
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Subchapter B. Right of Access to Public Information
§ 552.021. Availability of Public Information
Public information is available to the public at a minimum during the normal business hours of the
governmental body.
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§ 552.022. Categories of Public Information; Examples
(a) Without limiting the amount or kind of information that is public information under this chapter,
the following categories of information are public information and not excepted from required
disclosure under this chapter unless they are expressly confidential under other law:
(1) a completed report, audit, evaluation, or investigation made of, for, or by a governmental
body, except as provided by Section 552.108;
(2) the name, sex, ethnicity, salary, title, and dates of employment of each employee and
officer of a governmental body;
(3) information in an account, voucher, or contract relating to the receipt or expenditure of
public or other funds by a governmental body;
(4) the name of each official and the final record of voting on all proceedings in a
governmental body;
(5) all working papers, research material, and information used to estimate the need for or
expenditure of public funds or taxes by a governmental body, on completion of the estimate;
(6) the name, place of business, and the name of the municipality to which local sales and
use taxes are credited, if any, for the named person, of a person reporting or paying sales and
use taxes under Chapter 151, Tax Code;
(7) a description of an agency's central and field organizations, including:
(A) the established places at which the public may obtain information, submit
information or requests, or obtain decisions;
(B) the employees from whom the public may obtain information, submit
information or requests, or obtain decisions;
(C) in the case of a uniformed service, the members from whom the public may
obtain information, submit information or requests, or obtain decisions; and
(D) the methods by which the public may obtain information, submit information
or requests, or obtain decisions;
(8) a statement of the general course and method by which an agency's functions are
channeled and determined, including the nature and requirements of all formal and informal
policies and procedures;
(9) a rule of procedure, a description of forms available or the places at which forms may
be obtained, and instructions relating to the scope and content of all papers, reports, or
examinations;
(10) a substantive rule of general applicability adopted or issued by an agency as authorized
by law, and a statement of general policy or interpretation of general applicability formulated
and adopted by an agency;
(11) each amendment, revision, or repeal of information described by Subdivisions (7)-(10);
(12) final opinions, including concurring and dissenting opinions, and orders issued in the
adjudication of cases;
(13) a policy statement or interpretation that has been adopted or issued by an agency;
(14) administrative staff manuals and instructions to staff that affect a member of the public;
(15) information regarded as open to the public under an agency's policies;
(16) information that is in a bill for attorney's fees and that is not privileged under the
attorney-client privilege;
(17) information that is also contained in a public court record; and
(18) a settlement agreement to which a governmental body is a party.
(b) A court in this state may not order a governmental body or an officer for public information to
withhold from public inspection any category of public information described by Subsection (a) or
to not produce the category of public information for inspection or duplication, unless the category
of information is expressly made confidential under other law.
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§ 552.023. Special Right of Access to Confidential Information
(a) A person or a person's authorized representative has a special right of access, beyond the right
of the general public, to information held by a governmental body that relates to the person and that
is protected from public disclosure by laws intended to protect that person's privacy interests.
(b) A governmental body may not deny access to information to the person, or the person's
representative, to whom the information relates on the grounds that the information is considered
confidential by privacy principles under this chapter but may assert as grounds for denial of access
other provisions of this chapter or other law that are not intended to protect the person's privacy
interests.
(c) A release of information under Subsections (a) and (b) is not an offense under Section 552.352.
(d) A person who receives information under this section may disclose the information to others
only to the extent consistent with the authorized purposes for which consent to release the
information was obtained.
(e) Access to information under this section shall be provided in the manner prescribed by Sections
552.229 and 552.307.
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§ 552.024. Electing to Disclose Address and Telephone Number
(a) Each employee or official of a governmental body and each former employee or official of a
governmental body shall choose whether to allow public access to the information in the custody of
the governmental body that relates to the person's home address, home telephone number, or social
security number, or that reveals whether the person has family members.
(b) Each employee and official and each former employee and official shall state that person's
choice under Subsection (a) to the main personnel officer of the governmental body in a signed
writing not later than the 14th day after the date on which:
(1) the employee begins employment with the governmental body;
(2) the official is elected or appointed; or
(3) the former employee or official ends service with the governmental body.
(c) If the employee or official or former employee or official chooses not to allow public access to
the information, the information is protected under Subchapter C.
(d) If an employee or official or a former employee or official fails to state the person's choice
within the period established by this section, the information is subject to public access.
(e) An employee or official or former employee or official of a governmental body who wishes to
close or open public access to the information may request in writing that the main personnel officer
of the governmental body close or open access.
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§ 552.025. Tax Rulings and Opinions
(a) A governmental body with taxing authority that issues a written determination letter, technical
advice memorandum, or ruling that concerns a tax matter shall index the letter, memorandum, or
ruling by subject matter.
(b) On request, the governmental body shall make the index prepared under Subsection (a) and the
document itself available to the public, subject to the provisions of this chapter.
(c) Subchapter C does not authorize withholding from the public or limiting the availability to the
public of a written determination letter, technical advice memorandum, or ruling that concerns a tax
matter and that is issued by a governmental body with taxing authority.
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§ 552.026. Education Records
This chapter does not require the release of information contained in education records of an
educational agency or institution, except in conformity with the Family Educational Rights and
Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.
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§ 552.027. Exception: Information Available Commercially; Resource Material
(a) A governmental body is not required under this chapter to allow the inspection of or to provide
a copy of information in a commercial book or publication purchased or acquired by the
governmental body for research purposes if the book or publication is commercially available to the
public.
(b) Although information in a book or publication may be made available to the public as a resource
material, such as a library book, a governmental body is not required to make a copy of the
information in response to a request for public information.
(c) A governmental body shall allow the inspection of information in a book or publication that is
made part of, incorporated into, or referred to in a rule or policy of a governmental body.
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§ 552.028. Request for Information From Incarcerated Individual
(a) A governmental body is not required to accept or comply with a request for information from:
(1) an individual who is imprisoned or confined in a correctional facility; or
(2) an agent of that individual, other than that individual's attorney when the attorney is
requesting information that is subject to disclosure under this chapter.
(b) This section does not prohibit a governmental body from disclosing to an individual described
by Subsection (a)(1), or that individual's agent, information held by the governmental body
pertaining to that individual.
(c) In this section, "correctional facility" has the meaning assigned by Section 1.07(a), Penal Code.
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§ 552.029. Right of Access to Certain Information Relating to Inmate of Department of
Criminal Justice
Notwithstanding Section 508.313 or 552.131, the following information about an inmate who is
confined in a facility operated by or under a contract with the Texas Department of Criminal Justice
is subject to required disclosure under Section 552.021:
(1) the inmate's name, identification number, age, birthplace, physical description, or general state
of health or the nature of an injury to or critical illness suffered by the inmate;
(2) the inmate's assigned unit or the date on which the unit received the inmate, unless disclosure
of the information would violate federal law relating to the confidentiality of substance abuse
treatment;
(3) the offense for which the inmate was convicted or the judgment and sentence for that offense;
(4) the county and court in which the inmate was convicted;
(5) the inmate's earliest or latest possible release dates;
(6) the inmate's parole date or earliest possible parole date;
(7) any prior confinement of the inmate by the Texas Department of Criminal Justice or its
predecessor; or
(8) basic information regarding the death of an inmate in custody, an incident involving the use of
force, or an alleged crime involving the inmate.
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Subchapter C. Information Excepted from Required Disclosure
§ 552.101. Exception: Confidential Information
Information is excepted from the requirements of Section 552.021 if it is information considered to
be confidential by law, either constitutional, statutory, or by judicial decision.
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§ 552.102. Exception: Personnel Information
(a) Information is excepted from the requirements of Section 552.021 if it is information in a
personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal
privacy, except that all information in the personnel file of an employee of a governmental body is
to be made available to that employee or the employee's designated representative as public
information is made available under this chapter. The exception to public disclosure created by this
subsection is in addition to any exception created by Section 552.024. Public access to personnel
information covered by Section 552.024 is denied to the extent provided by that section.
(b) Information is excepted from the requirements of Section 552.021 if it is a transcript from an
institution of higher education maintained in the personnel file of a professional public school
employee, except that this section does not exempt from disclosure the degree obtained or the
curriculum on a transcript in the personnel file of the employee.
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§ 552.103. Exception: Litigation or Settlement Negotiations Involving the State or a Political
Subdivision
(a) Information is excepted from the requirements of Section 552.021 if it is information relating
to litigation of a civil or criminal nature to which the state or a political subdivision is or may be a
party or to which an officer or employee of the state or a political subdivision, as a consequence of
the person's office or employment, is or may be a party
(b) For purposes of this section, the state or a political subdivision is considered to be a party to
litigation of a criminal nature until the applicable statute of limitations has expired or until the
defendant has exhausted all appellate and post conviction remedies in state and federal court.
(c) Information relating to litigation involving a governmental body or an officer or employee of a
governmental body is excepted from disclosure under Subsection (a) only if the litigation is pending
or reasonably anticipated on the date that the requestor applies to the officer for public information
for access to or duplication of the information.
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§ 552.104. Exception: Information Related to Competition or Bidding
Information is excepted from the requirements of Section 552.021 if it is information that, if
released, would give advantage to a competitor or bidder.
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§ 552.105. Exception: Information Related to Location or Price of Property
Information is excepted from the requirements of Section 552.021 if it is information relating to:
(1) the location of real or personal property for a public purpose prior to public announcement of
the project; or
(2) appraisals or purchase price of real or personal property for a public purpose prior to the formal
award of contracts for the property.
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§ 552.106. Exception: Certain Legislative Documents
(a) A draft or working paper involved in the preparation of proposed legislation is excepted from
the requirements of Section 552.021.
(b) An internal bill analysis or working paper prepared by the governor's office for the purpose of
evaluating proposed legislation is excepted from the requirements of Section 552.021.
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§ 552.107. Exception: Certain Legal Matters
Information is excepted from the requirements of Section 552.021 if:
(1) it is information that the attorney general or an attorney of a political subdivision is prohibited
from disclosing because of a duty to the client under the Texas Rules of Civil Evidence, the Texas
Rules of Criminal Evidence, or the Texas Disciplinary Rules of Professional Conduct; or
(2) a court by order has prohibited disclosure of the information.
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§ 552.108. Exception: Certain Law Enforcement and Prosecutorial Information
(a) Information held by a law enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:
(1) release of the information would interfere with the detection, investigation, or
prosecution of crime;
(2) it is information that deals with the detection, investigation, or prosecution of crime only
in relation to an investigation that did not result in conviction or deferred adjudication; or
(3) it is information that:
(b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for
internal use in matters relating to law enforcement or prosecution is excepted from the requirements
of Section 552.021 if:
(1) release of the internal record or notation would interfere with law enforcement or
prosecution;
(2) the internal record or notation relates to law enforcement only in relation to an
investigation that did not result in conviction or deferred adjudication; or
(3) the internal record or notation:
(c) This section does not except from the requirements of Section 552.021 information that is basic
information about an arrested person, an arrest, or a crime.
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§ 552.109. Exception: Certain Private Communications of an Elected Office Holder
Private correspondence or communications of an elected office holder relating to matters the
disclosure of which would constitute an invasion of privacy are excepted from the requirements of
Section 552.021.
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§ 552.110. Exception: Trade Secrets; Certain Commercial or Financial Information
(a) A trade secret obtained from a person and privileged or confidential by statute or judicial
decision is excepted from the requirements of Section 552.021.
(b) Commercial or financial information for which it is demonstrated based on specific factual
evidence that disclosure would cause substantial competitive harm to the person from whom the
information was obtained is excepted from the requirements of Section 552.021.
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§ 552.111. Exception: Agency Memoranda
An interagency or intra-agency memorandum or letter that would not be available by law to a party
in litigation with the agency is excepted from the requirements of Section 552.021.
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§ 552.112. Exception: Certain Information Relating to Regulation of Financial Institutions
or Securities
(a) Information is excepted from the requirements of Section 552.021 if it is information contained
in or relating to examination, operating, or condition reports prepared by or for an agency
responsible for the regulation or supervision of financial institutions or securities, or both.
(b) In this section, "securities" has the meaning assigned by The Securities Act (Article 581-1 et
seq., Vernon's Texas Civil Statutes).
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§ 552.113. Exception: Geological or Geophysical Information
(a) Information is excepted from the requirements of Section 552.021 if it is:
(1) an electric log confidential under Subchapter M, Chapter 91, Natural Resources Code;
(2) geological or geophysical information or data, including maps concerning wells, except
information filed in connection with an application or proceeding before an agency; or
(3) confidential under Subsections (c) through (f).
(b) Information that is shown to or examined by an employee of the General Land Office, but not
retained in the land office, is not considered to be filed with the land office.
(c) In this section:
(1) "Confidential material" includes all well logs, geological, geophysical,
geochemical, and
other similar data, including maps and other interpretations of the material filed in the
General Land Office:
(A) in connection with any administrative application or proceeding before the land
commissioner, the school land board, any board for lease, or the commissioner's or
board's staff; or
(B) in compliance with the requirements of any law, rule, lease, or agreement.
(2) "Basic electric logs" has the same meaning as it has in Chapter 91, Natural Resources
Code.
(3) "Administrative applications" and "administrative proceedings" include applications for
pooling or unitization, review of shut-in royalty payments, review of leases or other
agreements to determine their validity, review of any plan of operations, review of the
obligation to drill offset wells, or an application to pay compensatory royalty.
(d) Confidential material, except basic electric logs, filed in the General Land Office on or after
September 1, 1985, is public information and is available to the public under Section 552.021 on and
after the later of:
(1) five years from the filing date of the confidential material; or
(2) one year from the expiration, termination, or forfeiture of the lease in connection with
which the confidential material was filed.
(e) Basic electric logs filed in the General Land Office on or after September 1, 1985, are either
public information or confidential material to the same extent and for the same periods provided for
the same logs by Chapter 91, Natural Resources Code. A person may request that a basic electric
log that has been filed in the General Land Office be made confidential by filing with the land office
a copy of the written request for confidentiality made to the Railroad Commission of Texas for the
same log.
(f) The following are public information:
(1) basic electric logs filed in the General Land Office before September 1, 1985; and
(2) confidential material, except basic electric logs, filed in the General Land Office before
September 1, 1985, provided, that Subsection (d) governs the disclosure of that confidential
material filed in connection with a lease that is a valid and subsisting lease on September 1,
1995.
(g) Confidential material may be disclosed at any time if the person filing the material, or the
person's successor in interest in the lease in connection with which the confidential material was
filed, consents in writing to its release. A party consenting to the disclosure of confidential material
may restrict the manner of disclosure and the person or persons to whom the disclosure may be
made.
(h) Notwithstanding the confidential nature of the material described in this section, the material
may be used by the General Land Office in the enforcement, by administrative proceeding or
litigation, of the laws governing the sale and lease of public lands and minerals, the regulations of
the land office, the school land board, or of any board for lease, or the terms of any lease, pooling
or unitization agreement, or any other agreement or grant.
(i) An administrative hearings officer may order that confidential material introduced in an
administrative proceeding remain confidential until the proceeding is finally concluded, or for the
period provided in Subsection (d), whichever is later.
(j) Confidential material examined by an administrative hearings officer during the course of an
administrative proceeding for the purpose of determining its admissibility as evidence shall not be
considered to have been filed in the General Land Office to the extent that the confidential material
is not introduced into evidence at the proceeding.
(k) This section does not prevent a person from asserting that any confidential material is exempt
from disclosure as a trade secret or commercial information under Section 552.110 or under any
other basis permitted by law.
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§ 552.114. Exception: Student Records
(a) Information is excepted from the requirements of Section 552.021 if it is information in a student
record at an educational institution funded wholly or partly by state revenue.
(b) A record under Subsection (a) shall be made available on the request of:
(1) educational institution personnel;
(2) the student involved or the student's parent, legal guardian, or spouse; or
(3) a person conducting a child abuse investigation required by Subchapter D, Chapter 261,
Family Code.
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§ 552.115. Exception: Birth and Death Records
(a) A birth or death record maintained by the bureau of vital statistics of the Texas Department of
Health or a local registration official is excepted from the requirements of Section 552.021, except
that:
(1) a birth record is public information and available to the public on and after the 50th
anniversary of the date of birth as shown on the record filed with the bureau of vital statistics
or local registration official;
(2) a death record is public information and available to the public on and after the 25th
anniversary of the date of death as shown on the record filed with the bureau of vital
statistics or local registration official;
(3) a general birth index or a general death index established or maintained by the bureau
of vital statistics or a local registration official is public information and available to the
public to the extent the index relates to a birth record or death record that is public
information and available to the public under Subdivision (1) or (2); and
(4) a summary birth index or a summary death index prepared or maintained by the bureau
of vital statistics or a local registration official is public information and available to the
public.
(b) Notwithstanding Subsection (a), a general birth index or a summary birth index is not public
information and is not available to the public if:
(1) the fact of an adoption or paternity determination can be revealed by the index; or
(2) the index contains specific identifying information relating to the parents of a child who
is the subject of an adoption placement.
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§ 552.116. Exception: Audit Working Papers
(a) An audit working paper of an audit of the state auditor or the auditor of a state agency or
institution of higher education as defined by Section 61.003, Education Code, is excepted from the
requirements of Section 552.021. If information in an audit working paper is also maintained in
another record, that other record is not excepted from the requirements of Section 552.021 by this
section.
(b) In this section:
(1) "Audit" means an audit authorized or required by a statute of this state or the United
States and includes an investigation.
(2) "Audit working paper" includes all information, documentary or otherwise, prepared or
maintained in conducting an audit or preparing an audit report, including:
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§ 552.117. Exception: Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information
Information is excepted from the requirements of Section 552.021 if it is information that relates to
the home address, home telephone number, or social security number, or that reveals whether the
following person has family members:
(1) a current or former official or employee of a governmental body, except as otherwise provided
by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a security officer
commissioned under Section 51.212, Education Code, regardless of whether the officer complies
with Section 552.024;
(3) an employee of the Texas Department of Criminal Justice, regardless of whether the employee
complies with Section 552.024; or
(4) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve
law enforcement officer, a commissioned deputy game warden, or a corrections officer in a
municipal, county, or state penal institution in this state who was killed in the line of duty, regardless
of whether the deceased complied with Section 552.024.
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§ 552.118. Exception: Triplicate Prescription Form
Information is excepted from the requirements of Section 552.021 if it is information on or derived
from an official prescription form filed with the director of the Department of Public Safety under
Section 481.075, Health and Safety Code.
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§ 552.119. Exception: Photograph of Peace Officer or Certain Security Guards
(a) A photograph that depicts a peace officer as defined by Article 2.12, Code of Criminal
Procedure, or a security officer commissioned under Section 51.212, Education Code, the release
of which would endanger the life or physical safety of the officer, is excepted from the requirements
of Section 552.021 unless:
(1) the officer is under indictment or charged with an offense by information;
(2) the officer is a party in a fire or police civil service hearing or a case in arbitration; or
(3) the photograph is introduced as evidence in a judicial proceeding.
(b) A photograph exempt from disclosure under Subsection (a) may be made public only if the
peace officer or security officer gives written consent to the disclosure.
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§ 552.120. Exception: Certain Rare Books and Original Manuscripts
A rare book or original manuscript that was not created or maintained in the conduct of official
business of a governmental body and that is held by a private or public archival and manuscript
repository for the purpose of historical research is excepted from the requirements of Section
552.021.
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§ 552.121. Exception: Certain Documents Held for Historical Research
An oral history interview, personal paper, unpublished letter, or organizational record of a
nongovernmental entity that was not created or maintained in the conduct of official business of a
governmental body and that is held by a private or public archival and manuscript repository for the
purpose of historical research is excepted from the requirements of Section 552.021 to the extent that
the archival and manuscript repository and the donor of the interview, paper, letter, or record agree
to limit disclosure of the item.
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§ 552.122. Exception: Test Items
(a) A test item developed by an educational institution that is funded wholly or in part by state
revenue is excepted from the requirements of Section 552.021.
(b) A test item developed by a licensing agency or governmental body is excepted from the
requirements of Section 552.021.
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§ 552.123. Exception: Name of Applicant for Chief Executive Officer of Institution of Higher
Education
The name of an applicant for the position of chief executive officer of an institution of higher
education is excepted from the requirements of Section 552.021, except that the governing body of
the institution must give public notice of the name or names of the finalists being considered for the
position at least 21 days before the date of the meeting at which final action or vote is to be taken
on the employment of the person.
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§ 552.124 Exception: Records of Library or Library System
(a) A record of a library or library system, supported in whole or in part by public funds, that
identifies or serves to identify a person who requested, obtained, or used a library material or service
is excepted from the requirements of Section 552.021 unless the record is disclosed:
(1) because the library or library system determines that disclosure is reasonably necessary
for the operation of the library or library system and the record is not confidential under
other state or federal law;
(2) under Section 552.023; or
(3) to a law enforcement agency or a prosecutor under a court order or subpoena obtained
after a showing to a district court that:
(A) disclosure of the record is necessary to protect the public safety; or
(B) the record is evidence of an offense or constitutes evidence that a particular
person committed an offense.
(b) A record of a library or library system that is excepted from required disclosure under this
section is confidential.
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§ 552.125 Exception: Certain Audits
Any documents or information privileged under the Texas Environmental, Health, and Safety Audit
Privilege Act are excepted from the requirements of Section 552.021.
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§ 552.126. Exception: Name of Applicant for Superintendent of Public School District
The name of an applicant for the position of superintendent of a public school district is excepted
from the requirements of Section 552.021, except that the board of trustees must give public notice
of the name or names of the finalists being considered for the position at least 21 days before the
date of the meeting at which a final action or vote is to be taken on the employment of the person.
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§ 552.127. Exception: Personal Information Relating to Participants in Neighborhood Crime Watch Organization
(a) Information is excepted from the requirements of Section 552.021 if the information identifies
a person as a participant in a neighborhood crime watch organization and relates to the name, home
address, business address, home telephone number, or business telephone number of the person.
(b) In this section, "neighborhood crime watch organization" means a group of residents of a
neighborhood or part of a neighborhood that is formed in affiliation or association with a law
enforcement agency in this state to observe activities within the neighborhood or part of a
neighborhood and to take other actions intended to reduce crime in that area.
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§ 552.128. Exception: Certain Information Submitted by Potential Vendor or Contractor
(a) Information submitted by a potential vendor or contractor to a governmental body in connection
with an application for certification as a historically underutilized or disadvantaged business under
a local, state, or federal certification program is excepted from the requirements of Section 552.021,
except as provided by this section.
(b) Notwithstanding Section 552.007 and except as provided by Subsection (c), the information may
be disclosed only:
(1) to a state or local governmental entity in this state, and the state or local governmental
entity may use the information only:
(A) for purposes related to verifying an applicant's status as a historically
underutilized or disadvantaged business; or
(B) for the purpose of conducting a study of a public purchasing program established
under state law for historically underutilized or disadvantaged businesses; or
(2) with the express written permission of the applicant or the applicant's agent.
(c) Information submitted by a vendor or contractor or a potential vendor or contractor to a
governmental body in connection with a specific proposed contractual relationship, a specific
contract, or an application to be placed on a bidders list, including information that may also have
been submitted in connection with an application for certification as a historically underutilized or
disadvantaged business, is subject to required disclosure, excepted from required disclosure, or
confidential in accordance with other law.
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§ 552.129. Motor Vehicle Inspection Information
A record created during a motor vehicle emissions inspection under Subchapter F, Chapter 548,
Transportation Code, that relates to an individual vehicle or owner of an individual vehicle is
excepted from the requirements of Section 552.021.
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§ 552.130. Exception: Motor Vehicle Records
(a) Information is excepted from the requirements of Section 552.021 if the information relates to:
(1) a motor vehicle operator's or driver's license or permit issued by an agency of this state;
(2) a motor vehicle title or registration issued by an agency of this state; or
(3) a personal identification document issued by an agency of this state or a local agency
authorized to issue an identification document.
(b) Information described by Subsection (a) may be released only if, and in the manner, authorized
by Chapter 730, Transportation Code.
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§ 552.131. Exception: Certain Information Held by School District
(a) "Informer" means a student or former student or an employee or former employee of a school
district who has furnished a report of another person's or persons' possible violation of criminal,
civil, or regulatory law to the school district or the proper regulatory enforcement authority.
(b) An informer's name or information that would substantially reveal the identity of an informer
is excepted from the requirements of Section 552.021.
(c) Subsection (b) does not apply:
(1) if the informer is a student or former student, and the student or former student, or the
legal guardian, or spouse of the student or former student consents to disclosure of the
student's or former student's name; or
(2) if the informer is an employee or former employee who consents to disclosure of the
employee's or former employee's name; or
(3) if the informer planned, initiated, or participated in the possible violation.
(d) Information excepted under Subsection (b) may be made available to a law enforcement agency
or prosecutor for official purposes of the agency or prosecutor upon proper request made in
compliance with applicable law and procedure.
(e) This section does not infringe on or impair the confidentiality of information considered to be
confidential by law, whether it be constitutional, statutory, or by judicial decision, including
information excepted from the requirements of Section 552.021.
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§ 552.131. Exception: Certain Information Relating to Inmate of Department of Criminal
Justice
(a) Except as provided by Subsection (b) or by Section 552.029, information obtained or maintained
by the Texas Department of Criminal Justice is excepted from the requirements of Section 552.021
if it is information about an inmate who is confined in a facility operated by or under a contract with
the department.
(b) Subsection (a) does not apply to:
(c) This section does not affect whether information is considered confidential or privileged under
Section 508.313.
(d) A release of information described by Subsection (a) to an eligible entity, as defined by Section
508.313(d), for a purpose related to law enforcement, prosecution, corrections, clemency, or
treatment is not considered a release of information to the public for purposes of Section 552.007
and does not waive the right to assert in the future that the information is excepted from required
disclosure under this section or other law.
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§ 552.131. Exception: Public Power Utility Competitive Matters
(a) In this section:
(1) "Public power utility" means an entity providing electric or gas utility services that is
subject to the provisions of this chapter.
(2) "Public power utility governing body" means the board of trustees or other applicable
governing body, including a city council, of a public power utility.
(3) "Competitive matter" means a utility-related matter that the public power utility
governing body in good faith determines by a vote under this section is related to the public
power utility's competitive activity, including commercial information, and would, if
disclosed, give advantage to competitors or prospective competitors but may not be deemed
to include the following categories of information:
(A) information relating to the provision of distribution access service, including the
terms and conditions of the service and the rates charged for the service but not
including information concerning utility-related services or products that are
competitive;
(B) information relating to the provision of transmission service that is required to
be filed with the Public Utility Commission of Texas, subject to any confidentiality
provided for under the rules of the commission;
(C) information for the distribution system pertaining to reliability and continuity of
service, to the extent not security-sensitive, that relates to emergency management,
identification of critical loads such as hospitals and police, records of interruption,
and distribution feeder standards;
(D) any substantive rule of general applicability regarding service offerings, service
regulation, customer protections, or customer service adopted by the public power
utility as authorized by law;
(E) aggregate information reflecting receipts or expenditures of funds of the public
power utility, of the type that would be included in audited financial statements;
(F) information relating to equal employment opportunities for minority groups, as
filed with local, state, or federal agencies;
(G) information relating to the public power utility's performance in contracting
with minority business entities;
(H) information relating to nuclear decommissioning trust agreements, of the type
required to be included in audited financial statements;
(I) information relating to the amount and timing of any transfer to an owning city's
general fund;
(J) information relating to environmental compliance as required to be filed with any
local, state, or national environmental authority, subject to any confidentiality
provided under the rules of those authorities;
(K) names of public officers of the public power utility and the voting records of
those officers for all matters other than those within the scope of a competitive
resolution provided for by this section;
(L) a description of the public power utility's central and field organization,
including the established places at which the public may obtain information, submit
information and requests, or obtain decisions and the identification of employees
from whom the public may obtain information, submit information or requests, or
obtain decisions; or
(M) information identifying the general course and method by which the public
power utility's functions are channeled and determined, including the nature and
requirements of all formal and informal policies and procedures.
(b) Information or records are excepted from the requirements of Section 552.021 if the information
or records are reasonably related to a competitive matter, as defined in this section. Excepted
information or records include the text of any resolution of the public power utility governing body
determining which issues, activities, or matters constitute competitive matters. Information or
records of a municipally owned utility that are reasonably related to a competitive matter are not
subject to disclosure under this chapter, whether or not, under the Utilities Code, the municipally
owned utility has adopted customer choice or serves in a multiply certificated service area. This
section does not limit the right of a public power utility governing body to withhold from disclosure
information deemed to be within the scope of any other exception provided for in this chapter,
subject to the provisions of this chapter.
(c) In connection with any request for an opinion of the attorney general under Section 552.301 with
respect to information alleged to fall under this exception, in rendering a written opinion under
Section 552.306 the attorney general shall find the requested information to be outside the scope of
this exception only if the attorney general determines, based on the information provided in
connection with the request:
(1) that the public power utility governing body has failed to act in good faith in making the
determination that the issue, matter, or activity in question is a competitive matter; or
(2) that the information or records sought to be withheld are not reasonably related to a
competitive matter.
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§ 552.131. Exception: Economic Development Information
(a) Information is excepted from the requirements of Section 552.021 if the information relates to
economic development negotiations involving a governmental body and a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory of the governmental
body and the information relates to:
(1) a trade secret of the business prospect; or
(2) commercial or financial information for which it is demonstrated based on specific
factual evidence that disclosure would cause substantial competitive harm to the person from
whom the information was obtained.
(b) Unless and until an agreement is made with the business prospect, information about a financial
or other incentive being offered to the business prospect by the governmental body or by another
person is excepted from the requirements of Section 552.021.
(c) After an agreement is made with the business prospect, this section does not except from the
requirements of Section 552.021 information about a financial or other incentive being offered to
the business prospect:
(1) by the governmental body; or
(2) by another person, if the financial or other incentive may directly or indirectly result in
the expenditure of public funds by a governmental body or a reduction in revenue received
by a governmental body from any source.
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§ 552.132. Exception: Crime Victim Information
(a) In this section, "crime victim" means a victim under Subchapter B, Chapter 56, Code of
Criminal Procedure, who has filed an application for compensation under that subchapter.
(b) A crime victim may elect whether to allow public access to information held by the crime
victim's compensation division of the attorney general's office that relates to:
(1) the name, social security number, address, or telephone number of the crime victim; or
(2) any other information the disclosure of which would identify or tend to identify the
crime victim.
(c) An election under Subsection (b) must be:
(1) made in writing on a form developed by the attorney general for that purpose and signed
by the crime victim; and
(2) filed with the crime victims' compensation division before the third anniversary of the
date that the crime victim filed the application for compensation.
(d) If the crime victim elects not to allow public access to the information, the information is
excepted from the requirements of Section 552.021. If the crime victim does not make an election
under Subsection (b) or elects to allow public access to the information, the information is not
excepted from the requirements of Section 552.021 unless the information is made confidential or
excepted from those requirements by another law.
(e) If the crime victim is awarded compensation under Section 56.34, Code of Criminal Procedure,
as of the date of the award of compensation, the name of the crime victim and the amount of
compensation awarded to that victim are public information and are not excepted from the
requirements of Section 552.021.
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Subchapter D. Officer for Public Information
§ 552.201. Identity of Officer for Public Information
(a) The chief administrative officer of a governmental body is the officer for public information,
except as provided by Subsection (b).
(b) Each elected county officer is the officer for public information and the custodian, as defined
by Section 201.003, Local Government Code, of the information created or received by that county
officer's office.
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§ 552.202. Department Heads
Each department head is an agent of the officer for public information for the purposes of complying
with this chapter.
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§ 552.203. General Duties of Officer for Public Information
Each officer for public information, subject to penalties provided in this chapter, shall:
(1) make public information available for public inspection and copying;
(2) carefully protect public information from deterioration, alteration, mutilation, loss, or
unlawful removal; and
(3) repair, renovate, or rebind public information as necessary to maintain it properly.
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§ 552.204. Scope of Responsibility of Officer for Public Information
An officer for public information is responsible for the release of public information as required by
this chapter. The officer is not responsible for:
(1) the use made of the information by the requestor; or
(2) the release of information after it is removed from a record as a result of an update, a correction,
or a change of status of the person to whom the information pertains.
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§ 552.205. Informing Public of Basic Rights and Responsibilities Under this Chapter
(a) An officer for public information shall prominently display a sign in the form prescribed by the
General Services Commission that contains basic information about the rights of a requestor, the
responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of
public information under this chapter. The officer shall display the sign at one or more places in the
administrative offices of the governmental body where it is plainly visible to:
(1) members of the public who request public information in person under this chapter; and
(2) employees of the governmental body whose duties include receiving or responding to
requests under this chapter.
(b) The General Services Commission by rule shall prescribe the content of the sign and the size,
shape, and other physical characteristics of the sign. In prescribing the content of the sign, the
commission shall include plainly written basic information about the rights of a requestor, the
responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of
public information under this chapter that, in the opinion of the commission, is most useful for
requestors to know and for employees of governmental bodies who receive or respond to requests
for public information to know.
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Subchapter E. Procedures Related to Access
§ 552.221. Application for Public Information; Production of Public Information
(a) An officer for public information of a governmental body shall promptly produce public
information for inspection, duplication, or both on application by any person to the officer.
(b) An officer for public information complies with Subsection (a) by:
(1) providing the public information for inspection or duplication in the offices of the
governmental body; or
(2) sending copies of the public information by first class United States mail if the person
requesting the information requests that copies be provided and pays the postage and any
other applicable charges that the requestor has accrued under Subchapter F.
(c) If the requested information is unavailable at the time of the request to examine because it is in
active use or in storage, the officer for public information shall certify this fact in writing to the
requestor and set a date and hour within a reasonable time when the information will be available
for inspection or duplication.
(d) If an officer for public information cannot produce public information for inspection or
duplication within 10 business days after the date the information is requested under Subsection (a),
the officer shall certify that fact in writing to the requestor and set a date and hour within a
reasonable time when the information will be available for inspection or duplication.
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§ 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) or (c).
(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.
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§ 552.223. Uniform Treatment of Requests for Information
The officer for public information or the officer's agent shall treat all requests for information
uniformly without regard to the position or occupation of the requestor, the person on whose behalf
the request is made, or the status of the individual as a member of the media.
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§ 552.224. Comfort and Facility
The officer for public information or the officer's agent shall give to a requestor all reasonable
comfort and facility for the full exercise of the right granted by this chapter.
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§ 552.225. Time for Examination
(a) A requestor must complete the examination of the information not later than the 10th day after
the date the custodian of the information makes it available to the person.
(b) The officer for public information shall extend the initial examination period by an additional
10 days if, within the initial period, the requestor files with the officer for public information a
written request for additional time. The officer for public information shall extend an additional
examination period by another 10 days if, within the additional period, the requestor files with the
officer for public information a written request for more additional time.
(c) The time during which a person may examine information may be interrupted by the officer for
public information if the information is needed for use by the governmental body. The period of
interruption is not considered to be a part of the time during which the person may examine the
information.
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§ 552.226. Removal of Original Record
This chapter does not authorize a requestor to remove an original copy of a public record from the
office of a governmental body.
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§ 552.227. Research of State Library Holdings Not Required
An officer for public information or the officer's agent is not required to perform general research
within the reference and research archives and holdings of state libraries.
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§ 552.228. Providing Suitable Copy of Public Information Within Reasonable Time
(a) It shall be a policy of a governmental body to provide a suitable copy of public information
within a reasonable time after the date on which the copy is requested.
(b) If public information exists in an electronic or magnetic medium, the requestor may request a
copy either on paper or in an electronic medium, such as on diskette or on magnetic tape. A
governmental body shall provide a copy in the requested medium if:
(1) the governmental body has the technological ability to produce a copy of the requested
information in the requested medium;
(2) the governmental body is not required to purchase any software or hardware to
accommodate the request; and
(3) provision of a copy of the information in the requested medium will not violate the terms
of any copyright agreement between the governmental body and a third party.
(c) If a governmental body is unable to comply with a request to produce a copy of information in
a requested medium for any of the reasons described by this section, the governmental body shall
provide a paper copy of the requested information or a copy in another medium that is acceptable
to the requestor. A governmental body is not required to copy information onto a diskette or other
material provided by the requestor but may use its own supplies.
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§ 552.229. Consent to Release Information Under Special Right of Access
(a) Consent for the release of information excepted from disclosure to the general public but
available to a specific person under Sections 552.023 and 552.307 must be in writing and signed by
the specific person or the person's authorized representative.
(b) An individual under 18 years of age may consent to the release of information under this section
only with the additional written authorization of the individual's parent or guardian.
(c) An individual who has been adjudicated incompetent to manage the individual's personal affairs
or for whom an attorney ad litem has been appointed may consent to the release of information under
this section only by the written authorization of the designated legal guardian or attorney ad
litem.
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§ 552.230. Rules of Procedure for Inspection and Copying of Public Information
(a) A governmental body may promulgate reasonable rules of procedure under which public
information may be inspected and copied efficiently, safely, and without delay.
(b) A rule promulgated under Subsection (a) may not be inconsistent with any provision of this
chapter.
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§ 552.231. Responding to Requests for Information That Require Programming or
Manipulation of Data
(a) A governmental body shall provide to a requestor the written statement described by Subsection
(b) if the governmental body determines:
(1) that responding to a request for public information will require programming or
manipulation of data; and
(2) that:
(A) compliance with the request is not feasible or will result in substantial
interference with its ongoing operations; or
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