Texas Public Records Law
The Texas Public Information Act (TPIA) is the state's public record law. The provisions of this Act are outlined under Chapter 552 of the Texas Government Code. The TPIA is a set of laws permitting members of the public to inspect and copy information written, produced, assembled, collected, or maintained under an ordinance or law or in connection with the transaction of official business by or for a governmental body.
Where Do I Submit a Public Record Request in Texas?
You may submit your public record request to the officer for public information of the agency or body maintaining the specific record request. Under Section 552.201 of the Texas Government Code, the chief administrative officer of a governmental body is referred to as the officer of public information.
How Do I Request Public Records in Texas?
To request public records in Texas, follow these steps:
- Determine which government agency holding the record you want
- Include relevant information, such as your name, contact information, and details about the record you want in your request
- Submit your request (online, via email, mail, or in person) to the agency's Public Information Officer (PIO) or other designated office.
- Pay the relevant fees
- Wait for a response
Some third-party websites collate public records and provide access to requesters online. You may use such services to find public records in Texas.
What Records are Public in Texas?
In Texas, various types of public records are available to the public. The most frequently requested records include:
- Vital Records: Some forms of birth records, death records, marriage records, and divorce records
- Property Records: Deeds, liens, mortgages, land records, and property tax records
- Judicial Records: Civil and criminal case files from the Texas district courts, county courts, constitutional county courts, probate courts, justice of the peace courts, and municipal courts.
- Law Enforcement Records: Arrest records, incident reports, and jail and inmate records.
- Government Finance Records: Budget reports, expenditure records, and audit records.
Who Can Request Public Records in Texas?
The TPIA places no restrictions on who may request a public record. Any person may submit a Texas public information request. Hence, residents and non-residents of the state may request public records.
What Is the Response Time for Public Records Requests in Texas?
The recommended period within which a public information officer should produce public information for duplication or inspection in Texas is 10 business days after the date of request. If a PIO cannot produce the requested information within this period, they must certify such fact in writing to the requester and state a date and hour within a reasonable period when the information will be available.
What Is the Fee Charged for Providing Copies of Public Records?
Per Section 552.261 of the Texas Government Code, the charge for providing a copy of public information may reasonably include all costs associated with reproducing the information, such as materials, labor, and overhead. If the information requested is less than 50 pages of paper records, charges will be incurred for the cost of the copies as labor or overhead costs are usually only charged when records are kept in two or more separate buildings or remote storage facilities.
Typical charges include the following:
- $0.10 per page for paper copies
- $1 per CD
- $3 per DVD
- Actual costs for a USB or hard drive
- $15 per hour for labor
- Overhead: 20% of the labor as overhead (Per Texas Administrative Code 70.3 (d), labor charges apply for time spent gathering and pulling together responsive information, time spent finding the records, manipulating data, and the time spent on reproducing information)
Generally, per Section 552.271 of the Government Code, a charge may not be imposed when records are made available for inspection. However, under Sections 552.271 (c), 552.271 (d), and 552.272, charges may be incurred for labor in specific circumstances for the inspection of paper and electronic records.
What Records Are Exempted Under the Texas Public Law?
A wide range of exemptions are covered under the Texas Public Information Act. Common records exempted from public disclosure according to the Act include:
- Information deemed confidential by law, such as Social Security numbers, medical records, and certain personal information
- Juvenile offender records
- Child abuse investigations
- Driver's license numbers
- Dates of birth of living persons
- Attorney-Client communications
- Drafts of policymaking documents
- Information related to pending litigation
- Audit working papers
- Competitive bidding information before the contract is awarded
- Certain law enforcement records, including those that would interfere with detection, investigation, or prosecution of crime
- Confidential business information submitted to government agencies by private entities.
- Records that could compromise the security of government buildings, infrastructure, or IT systems