EABB(LEGAL) - ACCESS TO PUBLIC INFORMATION: REQUESTS FOR INFORMATION

Officer for Public Information and Required Notices

Officer for Public Information

Duties

  1. Make public information available for public inspection and copying.
  2. Carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal.
  3. Repair, renovate, or rebind public information when necessary to maintain it properly.

Gov't Code 552.201(a)–.204

Public Information Coordinator

Gov't Code 552.012(b), (e)

Sign

  1. Members of the public who request public information in person; and
  2. Employees of the ESC whose duties include receiving or responding to public information requests.

Gov't Code 552.205

Access to Public Information

Access to Public Information

Procedural Rules

Treatment of Requests

Location of Access

  1. Providing the information for inspection or duplication in the ESC's offices [see Time for Examination, below]. The PIA does not authorize a requestor to remove an original copy of a public record from the office of an ESC.
  2. Sending copies of the information by first class mail, if the requestor requests that copies be provided and pays the postage and any other applicable charges that the requestor has accrued under Subchapter F of the PIA [see Costs and Charges, below].
  3. By referring a requestor to an exact Internet location or uniform resource locator (URL) address on a website maintained by the ESC and accessible to the public if the requested information is identifiable and readily available on that website. If the person requesting the information prefers a manner other than access through the URL, the ESC must supply the information by sending copies to the requestor, as described above.

Gov't Code 552.221(b)–(b-2), .226

Time for Response

Gov't Code 552.221; Tex. Atty. Gen. ORD 664 (2000)

Requests to Narrow or Clarify

Gov't Code 552.222(b), (d)–(g)

Time for Examination

Gov't Code 552.221(e), .225

Electronic Data

  1. If the ESC has the technological ability to produce the information in the requested medium;
  2. If the ESC is not required to purchase any software or hardware to accommodate the request; and
  3. Providing the copy will not violate any copyright agreement between the ESC and a third party.

Gov't Code 552.228

Requests Requiring Programming or Manipulation

  1. That responding to a request for information will require programming or manipulation of data; and
  2. That:
    1. Compliance with the request is not feasible or will result in substantial interference with operations; or
    2. The information could be made available in the requested form only at a cost that covers the programming and manipulation of data.
  1. A statement that the information is not available in the requested form;
  2. A description of the form in which the information is available;
  3. A description of any contract or services that would be required to provide the information in the requested form;
  4. A statement of the estimated cost of providing the information in the requested form, as determined in accordance with the rules established by the attorney general; and
  5. A statement of the anticipated time required to provide the information in the requested form.

Response Time When Programming or Manipulation Is Required

Further Action

  1. Wants the information in the requested form according to the time and cost parameters set out in the written statement, or according to other terms to which the requestor and the ESC agree; or
  2. Wants the information in the form in which it is available.

Processing of Requests

Gov't Code 552.231

Repetitious or Redundant Requests

  1. Respond to the request for information as set forth below, at Procedures; or
  2. Furnish the information or make the information available to the requestor again in accordance with the request. If the ESC selects this option, the ESC is not required to comply with the procedures described below.

Gov't Code 552.232(a)

Procedures

  1. A description of the information for which copies have been previously furnished or made available to the requestor;
  2. The date the ESC received the requestor's original request for that information;
  3. The date the ESC previously furnished copies or made available copies of the information to the requestor;
  4. A certification that no subsequent additions, deletions, or corrections have been made to that information; and
  5. The name, title, and signature of the officer for public information or agent making the certification.

Gov't Code 552.232

Attorney General Decisions

Attorney General Decisions

Time for Request

Gov't Code 552.301(a)–(c), .302

Calculating Time Lines

Gov't Code 552.309

Previous Determinations

Same Information

Categories of Information

  1. The previous decision is applicable to an ESC;
  2. The previous decision concludes that the category of information is or is not excepted from public disclosure;
  3. The elements of law, fact, and circumstances are met to support the previous decision's conclusion that the requested records and information at issue are or are not excepted from public disclosure; and
  4. The previous decision explicitly provides that the governmental body or bodies to which the decision applies may withhold the information without the necessity of seeking a decision from the attorney general.

Tex. Att'y Gen. ORD 673 (2001)

Tex. Att'y Gen. ORD 684 (2009)

Statement to Requestor

  1. A written statement that the ESC wishes to withhold the requested information and has asked for a decision from the attorney general about whether the information is within an exception to public disclosure; and
  2. A copy of the ESC's written communication to the attorney general asking for the decision. If the ESC's written communication to the attorney general discloses the requested information, the ESC shall provide a redacted copy of that written communication.

Gov't Code 552.301(d)

Submission to Attorney General

  1. Written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld;
  2. A copy of the written request for information;
  3. A signed statement as to the date on which the written request for information was received by the ESC or evidence sufficient to establish that date; and
  4. A copy of the specific information requested, or representative samples of the information if a voluminous amount of information was requested. The ESC shall label the copies or representative samples to indicate which exceptions apply to which parts of the copy.

Gov't Code 552.301(e), (e-1)

Additional Information

Privacy or Property Interests

Notice to Owner of Proprietary Information
  1. Be sent within a reasonable time not later than the tenth business day after the ESC receives the request for information; and
  2. Include:
    1. A copy of any written request the ESC received for the information; and
    2. A statement, in the form prescribed by the attorney general, that the person is entitled to submit to the attorney general, not later than the tenth business day after the person receives the notice, a written statement of the reason(s) why the information should be withheld and a letter, memorandum, or brief supporting the reason(s).

Gov't Code 552.305(d)

Charges Regarding Public Information Requests

Costs and Charges

50 Pages or Less

Statement of Labor Costs

Gov't Code 552.261, .262(a)

Attorney General's Rules

Gov't Code 552.262(a); 1 TAC 70.1(b)

Exemptions

Copies for Parents

Statement of Estimated Charges

Requestor's Response
  1. The requestor will accept the estimated charges;
  2. The requestor is modifying the request in response to the itemized statement; or
  3. The requestor has sent to the attorney general a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information.
Actual Charges
  1. The amount estimated in the updated itemized statement; or
  2. If an updated itemized statement is not sent to the requestor, an amount that exceeds by 20 percent or more the amount estimated in the original itemized statement.
Timing of Deadlines
  1. Delivered in person;
  2. Deposited, properly addressed, in the U.S. Mail; or
  3. Transmitted by electronic mail or facsimile, provided the requestor agrees to receive the statement by those means.

Gov't Code 552.2615

Deposit or Bond

  1. The officer or agent has provided the requestor with the written itemized statement required by Government Code 552.2615 [see Statement of Estimated Charges, above]; and
  2. The charge for providing the copy is estimated by the ESC to exceed $100, if the ESC has more than 15 full-time employees, or $50, if the ESC has fewer than 16 full-time employees.

Gov't Code 552.263(a), (b)

Modified Request

Unpaid Amounts

Documentation of Unpaid Amounts

Waivers

Gov't Code 552.267

Government Publication

Inspection of Public Information

Inspection of Public Information

Confidential Information

Payment, Deposit, or Bond

  1. The information specifically requested by the requestor is older than five years or completely fills, or when assembled will completely fill, six or more archival boxes; and
  2. The officer for public information or agent estimates that more than five hours will be required to make the information available for inspection.

Gov't Code 552.271(c)

Certain Small ESCs
  1. The information specifically requested by the requestor is older than three years or completely fills, or when assembled will completely fill, three or more archival boxes; and
  2. The officer for public information or agent estimates that more than two hours will be required to make the information available for inspection.

Gov't Code 552.271(d)

Electronic Records

Gov't Code 552.272

Miscellaneous Provisions

Large or Frequent Requests

Personnel Time

Request by Minor

Exception

  1. Dissemination by a news medium or communication service provider, including:
    1. An individual who supervises or assists in gathering, preparing, and disseminating the news or information; or
    2. An individual who is or was a journalist, scholar, or researcher employed by an institution of higher education at the time the person made the request for information; or
  2. Creation or maintenance of an abstract plant as described by Insurance Code 2501.004.
  1. Print;
  2. Television;
  3. Radio;
  4. Photographic;
  5. Mechanical;
  6. Electronic; and
  7. Other means, known or unknown, that are accessible to the public.

Written Statement of Personnel Time

Written Estimate of Charges

Additional Time

Acceptance of Charges

Waived or Reduced Charges

Gov't Code 552.275

Filing Suit to Withhold Information

Gov't Code 552.324, .353(b)(3)

Parent's Request for Information

Education Code 26.0085

Region III Education Service Center

EABB(LEGAL)-ESCA

UPDATE 23

DATE ISSUED: 6/20/2018