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2009 Texas Code
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
CHAPTER 552. PUBLIC INFORMATION

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 552. PUBLIC INFORMATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 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;

(x) a local workforce development board created under Section

2308.253;

(xi) a nonprofit corporation that is eligible to receive funds

under the federal community services block grant program and that

is authorized by this state to serve a geographic area of the

state; and

(xii) 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 18.24, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 633, Sec. 2, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1004, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.014, eff. Sept. 1,

2003.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 1, eff. Sept. 1,

1999.

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO

LAW. A property owners' association is subject to this chapter

in the same manner as a governmental body:

(1) if:

(A) 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;

(B) the property owners' association has the power to make

mandatory special assessments for capital improvements or

mandatory regular assessments; and

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; or

(2) if the property owners' association:

(A) provides maintenance, preservation, and architectural

control of residential and commercial property within 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; and

(B) is a corporation that:

(i) is governed by a board of trustees who may employ a general

manager to execute the association's bylaws and administer the

business of the corporation;

(ii) does not require membership in the corporation by the

owners of the property within the defined area; and

(iii) was incorporated before January 1, 2006.

Added by Acts 1999, 76th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1999. Renumbered from Sec. 552.0035 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(51), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1367, Sec. 2, eff. September 1, 2007.

Sec. 552.0037. CERTAIN ENTITIES AUTHORIZED TO TAKE PROPERTY

THROUGH EMINENT DOMAIN. Notwithstanding any other law,

information collected, assembled, or maintained by an entity that

is not a governmental body but is authorized by law to take

private property through the use of eminent domain is subject to

this chapter in the same manner as information collected,

assembled, or maintained by a governmental body, but only if the

information is related to the taking of private property by the

entity through the use of eminent domain.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

1, Sec. 2, eff. November 18, 2005.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 2, eff. Sept. 1,

1999.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 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.

Text of subsection effective on September 01, 2010

(b-1) A member, committee, or agency of the legislature required

by a governmental body to sign a confidentiality agreement under

Subsection (b) may seek a decision as provided by Subsection

(b-2) about whether the information covered by the

confidentiality agreement is confidential under law. A

confidentiality agreement signed under Subsection (b) is void to

the extent that the agreement covers information that is finally

determined under Subsection (b-2) to not be confidential under

law.

Text of subsection effective on September 01, 2010

(b-2) The member, committee, or agency of the legislature may

seek a decision from the attorney general about the matter. The

attorney general by rule shall establish procedures and deadlines

for receiving information necessary to decide the matter and

briefs from the requestor, the governmental body, and any other

interested person. The attorney general shall promptly render a

decision requested under this subsection, determining whether the

information covered by the confidentiality agreement is

confidential under law, not later than the 45th business day

after the date the attorney general received the request for a

decision under this subsection. The attorney general shall issue

a written decision on the matter and provide a copy of the

decision to the requestor, the governmental body, and any

interested person who submitted necessary information or a brief

to the attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court. A

person may appeal a decision of the attorney general under this

subsection to a Travis County district court if the person claims

a proprietary interest in the information affected by the

decision or a privacy interest in the information that a

confidentiality law or judicial decision is designed to protect.

(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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1364, Sec. 1, eff. September 1, 2010.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 2, eff. September 1, 2010.

Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO

ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.

(a) The open records steering committee is composed of two

representatives of the attorney general's office and:

(1) a representative of each of the following, appointed by its

governing entity:

(A) the comptroller's office;

(B) the Department of Public Safety;

(D) the Texas State Library and Archives Commission;

(2) five public members, appointed by the attorney general; and

(3) a representative of each of the following types of local

governments, appointed by the attorney general:

(A) a municipality;

(B) a county; and

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

329, Sec. 1

(b) The representative of the attorney general designated by the

attorney general is the presiding officer of the committee. The

committee shall meet as prescribed by committee procedures or at

the call of the presiding officer.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

716, Sec. 1

(b) The representative of the attorney general is the presiding

officer of the committee. The committee shall meet as prescribed

by committee procedures or at the call of the presiding officer.

the office of the attorney general's performance of its duties

under Sections 552.010, 552.205, 552.262, 552.269, and 552.274.

(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.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 3, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 3.06, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 3, eff. September 1, 2009.

Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER

INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each

state governmental body shall report to the attorney general the

information the attorney general 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 attorney general 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.

under this section with the open records steering committee.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 27.01, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 2, eff. September 1, 2005.

Sec. 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.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 4, eff. Sept. 1,

1999.

Sec. 552.012. OPEN RECORDS TRAINING. (a) This section applies

to an elected or appointed public official who is:

(1) a member of a multimember governmental body;

(2) the governing officer of a governmental body that is headed

by a single officer rather than by a multimember governing body;

(3) the officer for public information of a governmental body,

without regard to whether the officer is elected or appointed to

a specific term.

(b) Each public official shall complete a course of training of

not less than one and not more than two hours regarding the

responsibilities of the governmental body with which the official

serves and its officers and employees under this chapter not

later than the 90th day after the date the public official:

(1) takes the oath of office, if the person is required to take

an oath of office to assume the person's duties as a public

official; or

(2) otherwise assumes the person's duties as a public official,

if the person is not required to take an oath of office to assume

the person's duties.

coordinator to satisfy the training requirements of this section

for the public official if the public information coordinator is

primarily responsible for administering the responsibilities of

the public official or governmental body under this chapter.

Designation of a public information coordinator under this

subsection does not relieve a public official from the duty to

comply with any other requirement of this chapter that applies to

the public official. The designated public information

coordinator shall complete the training course regarding the

responsibilities of the governmental body with which the

coordinator serves and of its officers and employees under this

chapter not later than the 90th day after the date the

coordinator assumes the person's duties as coordinator.

(d) The attorney general shall ensure that the training is made

available. The office of the attorney general may provide the

training and may also approve any acceptable course of training

offered by a governmental body or other entity. The attorney

general shall ensure that at least one course of training

approved or provided by the attorney general is available on

videotape or a functionally similar and widely available medium

at no cost. The training must include instruction in:

(1) the general background of the legal requirements for open

records and public information;

(2) the applicability of this chapter to governmental bodies;

(3) procedures and requirements regarding complying with a

request for information under this chapter;

(4) the role of the attorney general under this chapter; and

(5) penalties and other consequences for failure to comply with

this chapter.

(e) The office of the attorney general or other entity providing

the training shall provide a certificate of course completion to

persons who complete the training required by this section. A

governmental body shall maintain and make available for public

inspection the record of its public officials' or, if applicable,

the public information coordinator's completion of the training.

(f) Completing the required training as a public official of the

governmental body satisfies the requirements of this section with

regard to the public official's service on a committee or

subcommittee of the governmental body and the public official's

ex officio service on any other governmental body.

(g) The training required by this section may be used to satisfy

any corresponding training requirements concerning this chapter

or open records required by law for a public official or public

information coordinator. The attorney general shall attempt to

coordinate the training required by this section with training

required by other law to the extent practicable.

(h) A certificate of course completion is admissible as evidence

in a criminal prosecution under this chapter. However, evidence

that a defendant completed a course of training offered under

this section is not prima facie evidence that the defendant

knowingly violated this chapter.

Added by Acts 2005, 79th Leg., Ch.

105, Sec. 2, eff. January 1, 2006.

SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 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;

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 3, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 5, eff. Sept.

1, 1999.

Sec. 552.0221. EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION

SYSTEM. (a) Information concerning the employment of an

employee of a public employee pension system is public

information under the terms of this chapter, including

information concerning the income, salary, benefits, and bonuses

received from the pension system by the employee in the person's

capacity as an employee of the system, and is not removed from

the application of this chapter, made confidential, or otherwise

excepted from the requirements of Section 552.021 by any statute

intended to protect the records of persons as members,

beneficiaries, or retirees of a public employee pension system in

their capacity as such.

(b) Information concerning the service of a trustee of a public

employee pension system is public information under the terms of

this chapter, including information concerning the income,

salary, benefits, and bonuses received from the pension system by

the trustee in the person's capacity as a trustee of the system,

and is not removed from the application of this chapter, made

confidential, or otherwise excepted from the requirements of

Section 552.021 by any statute intended to protect the records of

persons as members, beneficiaries, or retirees of a public

employee pension system in their capacity as such.

released only to the extent the information is not excepted from

required disclosure under this subchapter or Subchapter C.

(d) For purposes of this section, "benefits" does not include

pension benefits provided to an individual by a pension system

under the statutory plan covering the individual as a member,

beneficiary, or retiree of the pension system.

Added by Acts 2009, 81st Leg., R.S., Ch.

58, Sec. 1, eff. May 19, 2009.

Sec. 552.0225. RIGHT OF ACCESS TO INVESTMENT INFORMATION. (a)

Under the fundamental philosophy of American government described

by Section 552.001, it is the policy of this state that

investments of government are investments of and for the people

and the people are entitled to information regarding those

investments. The provisions of this section shall be liberally

construed to implement this policy.

(b) The following categories of information held by a

governmental body relating to its investments are public

information and not excepted from disclosure under this chapter:

(1) the name of any fund or investment entity the governmental

body is or has invested in;

(2) the date that a fund or investment entity described by

Subdivision (1) was established;

(3) each date the governmental body invested in a fund or

investment entity described by Subdivision (1);

(4) the amount of money, expressed in dollars, the governmental

body has committed to a fund or investment entity;

(5) the amount of money, expressed in dollars, the governmental

body is investing or has invested in any fund or investment

entity;

(6) the total amount of money, expressed in dollars, the

governmental body received from any fund or investment entity in

connection with an investment;

(7) the internal rate of return or other standard used by a

governmental body in connection with each fund or investment

entity it is or has invested in and the date on which the return

or other standard was calculated;

(8) the remaining value of any fund or investment entity the

governmental body is or has invested in;

(9) the total amount of fees, including expenses, charges, and

other compensation, assessed against the governmental body by, or

paid by the governmental body to, any fund or investment entity

or principal of any fund or investment entity in which the

governmental body is or has invested;

(10) the names of the principals responsible for managing any

fund or investment entity in which the governmental body is or

has invested;

(11) each recusal filed by a member of the governing board in

connection with a deliberation or action of the governmental body

relating to an investment;

(12) a description of all of the types of businesses a

governmental body is or has invested in through a fund or

investment entity;

(13) the minutes and audio or video recordings of each open

portion of a meeting of the governmental body at which an item

described by this subsection was discussed;

(14) the governmental body's percentage ownership interest in a

fund or investment entity the governmental body is or has

invested in;

(15) any annual ethics disclosure report submitted to the

governmental body by a fund or investment entity the governmental

body is or has invested in; and

(16) the cash-on-cash return realized by the governmental body

for a fund or investment entity the governmental body is or has

invested in.

Company or a successor to the company.

(d) This section does not apply to a private investment fund's

investment in restricted securities, as defined in Section

552.143.

Added by Acts 2005, 79th Leg., Ch.

1338, Sec. 1, eff. June 18, 2005.

Sec. 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.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 4, eff.

Sept. 1, 1995.

Sec. 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.

chooses not to allow public access to the information:

(1) the information is protected under Subchapter C; and

(2) the governmental body may redact the information from any

information the governmental body discloses under Section 552.021

without the necessity of requesting a decision from the attorney

general under Subchapter G.

(c-1) If, under Subsection (c)(2), a governmental body redacts

or withholds information without requesting a decision from the

attorney general about whether the information may be redacted or

withheld, the requestor is entitled to seek a decision from the

attorney general about the matter. The attorney general by rule

shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the redacted

or withheld information was excepted from required disclosure to

the requestor, not later than the 45th business day after the

date the attorney general received the request for a decision

under this subsection. The attorney general shall issue a

written decision on the matter and provide a copy of the decision

to the requestor, the governmental body, and any interested

person who submitted necessary information or a brief to the

attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court.

(c-2) A governmental body that redacts or withholds information

under Subsection (c)(2) shall provide the following information

to the requestor on a form prescribed by the attorney general:

(1) a description of the redacted or withheld information;

(2) a citation to this section; and

(3) instructions regarding how the requestor may seek a decision

from the attorney general regarding whether the redacted or

withheld information is excepted from required disclosure.

(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.

(f) This section does not apply to a person to whom Section

552.1175 applies.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 5, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 119, Sec. 1, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 1, eff. June 4, 2009.

Sec. 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.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

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.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 12, eff. Sept. 1,

1995.

Sec. 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.

(1) a secure correctional facility, as defined by Section 1.07,

Penal Code;

(2) a secure correctional facility and a secure detention

facility, as defined by Section 51.02, Family Code; and

(3) a place designated by the law of this state, another state,

or the federal government for the confinement of a person

arrested for, charged with, or convicted of a criminal offense.

Added by Acts 1995, 74th Leg., ch. 302, Sec. 1, eff. June 5,

1995. Renumbered from Government Code Sec. 552.027 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(44), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1231, Sec. 6, eff. Sept. 1, 1997. Amended by

Acts 1999, 76th Leg., ch. 154, Sec. 1, eff. May 21, 1999; Acts

2001, 77th Leg., ch. 735, Sec. 1, eff. June 13, 2001; Acts 2003,

78th Leg., ch. 283, Sec. 45, eff. Sept. 1, 2003.

Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO

INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. Notwithstanding

Section 508.313 or 552.134, 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,

department photograph, 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.

Added by Acts 1999, 76th Leg., ch. 783, Sec. 2, eff. Aug. 30,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(7), eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1271, Sec. 1, eff. June 18, 2005.

SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 6, eff.

Sept. 1, 1995.

Sec. 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

postconviction remedies in state and federal court.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 6, eff.

Sept. 1, 1999.

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR

BIDDING. (a) 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.

(b) The requirement of Section 552.022 that a category of

information listed under Section 552.022(a) is public information

and not excepted from required disclosure under this chapter

unless expressly confidential under law does not apply to

information that is excepted from required disclosure under this

section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff.

June 15, 2001.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1437, Sec. 1, eff.

June 20, 1997.

Sec. 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 Evidence or the

Texas Disciplinary Rules of Professional Conduct; or

(2) a court by order has prohibited disclosure of the

information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 8.014, eff. September 1, 2005.

Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS,

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;

(3) it is information relating to a threat against a peace

officer or detention officer collected or disseminated under

Section 411.048; or

(4) it is information that:

(A) is prepared by an attorney representing the state in

anticipation of or in the course of preparing for criminal

litigation; or

(B) reflects the mental impressions or legal reasoning of an

attorney representing the state.

(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:

(A) is prepared by an attorney representing the state in

anticipation of or in the course of preparing for criminal

litigation; or

(B) reflects the mental impressions or legal reasoning of an

attorney representing the state.

Section 552.021 information that is basic information about an

arrested person, an arrest, or a crime.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 1, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 474, Sec. 6, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

557, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

557, Sec. 4, eff. September 1, 2005.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 7, eff.

Sept. 1, 1999.

Sec. 552.111. EXCEPTION: AGENCY MEMORANDA. An interagency or

intraagency 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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).

552.021 if it is information submitted by an individual or other

entity to the Texas Legislative Council, or to any state agency

or department overseen by the Finance Commission of Texas and the

information has been or will be sent to the Texas Legislative

Council, for the purpose of performing a statistical or

demographic analysis of information subject to Section 323.020.

However, this subsection does not except from the requirements of

Section 552.021 information that does not identify or tend to

identify an individual or other entity and that is subject to

required public disclosure under Section 323.020(e).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 918, Sec. 2, eff. June

20, 2003.

Sec. 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.

(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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 8, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.38, eff.

Sept. 1, 1997.

Sec. 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 75th 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);

(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; and

(5) a birth or death record is available to the chief executive

officer of a home-rule municipality or the officer's designee if:

(A) the record is used only to identify a property owner or

other person to whom the municipality is required to give notice

when enforcing a state statute or an ordinance;

(B) the municipality has exercised due diligence in the manner

described by Section 54.035(e), Local Government Code, to

identify the person; and

that requires that:

(i) the information not be disclosed outside the office of the

officer or designee, or within the office for a purpose other

than the purpose described by Paragraph (A);

(ii) the information be labeled as confidential;

(iii) the information be kept securely; and

(iv) 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 remaining confidential and subject

to the confidentiality agreement.

(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.

agreement entered into by the Genealogical Society of Utah, a

nonprofit corporation organized under the laws of the State of

Utah, and the Archives and Information Services Division of the

Texas State Library and Archives Commission.

(d) For the purposes of fulfilling the terms of the agreement in

Subsection (c), the Genealogical Society of Utah shall have

access to birth records 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, but such birth

records shall not be made available to the public until the 75th

anniversary of the date of birth as shown on the record.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 706, Sec. 1, eff. Aug.

30, 1999; Acts 2001, 77th Leg., ch. 413, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1192, Sec. 1, eff. Sept. 1, 2003.

Sec. 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, an institution of higher education as defined by

Section 61.003, Education Code, a county, a municipality, a

school district, or a joint board operating under Section

22.074, Transportation Code, including any audit relating to the

criminal history background check of a public school employee, 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, the charter or an ordinance

of a municipality, an order of the commissioners court of a

county, a resolution or other action of a board of trustees of a

school district, including an audit by the district relating to

the criminal history background check of a public school

employee, or a resolution or other action of a joint board

described by Subsection (a) 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:

(A) intra-agency and interagency communications; and

(B) drafts of the audit report or portions of those drafts.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 10, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 8, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 379, Sec. 1, eff. June 18,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

202, Sec. 1, eff. May 27, 2005.

Acts 2005, 79th Leg., Ch.

202, Sec. 2, eff. May 27, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 24, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 25, eff. June 15, 2007.

Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, TELEPHONE NUMBERS,

SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION. (a)

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 of the following

person or that reveals whether the 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 or 552.1175, as applicable;

(3) a current or former employee of the Texas Department of

Criminal Justice or of the predecessor in function of the

department or any division of the department, regardless of

whether the current or former employee complies with Section

552.1175;

(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 or 552.1175;

(5) a commissioned security officer as defined by Section

1702.002, Occupations Code, regardless of whether the officer

complies with Section 552.024 or 552.1175, as applicable; or

(6) an officer or employee of a community supervision and

corrections department established under Chapter 76 who performs

a duty described by Section 76.004(b), regardless of whether the

officer or employee complies with Section 552.024 or 552.1175.

(b) All documents filed with a county clerk and all documents

filed with a district clerk are exempt from this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 9, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 512, Sec. 1, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 1318, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 119, Sec. 2, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 947, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

621, Sec. 1, eff. September 1, 2007.

Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, TELEPHONE NUMBERS,

SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE

OFFICERS, COUNTY JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE.

(a) This section applies only to:

(1) peace officers as defined by Article 2.12, Code of Criminal

Procedure;

(2) county jailers as defined by Section 1701.001, Occupations

Code;

(3) current or former employees of the Texas Department of

Criminal Justice or of the predecessor in function of the

department or any division of the department;

(4) commissioned security officers as defined by Section

1702.002, Occupations Code;

(5) employees of a district attorney, criminal district

attorney, or county or municipal attorney whose jurisdiction

includes any criminal law or child protective services matters;

(6) officers and employees of a community supervision and

corrections department established under Chapter 76 who perform a

duty described by Section 76.004(b);

(7) criminal investigators of the United States as described by

Article 2.122(a), Code of Criminal Procedure; and

(8) police officers and inspectors of the United States Federal

Protective Service.

(b) Information that relates to the home address, home telephone

number, or social security number of an individual to whom this

section applies, or that reveals whether the individual has

family members is confidential and may not be disclosed to the

public under this chapter if the individual to whom the

information relates:

(1) chooses to restrict public access to the information; and

(2) notifies the governmental body of the individual's choice on

a form provided by the governmental body, accompanied by evidence

of the individual's status.

rescinded in writing by the individual.

(d) This section does not apply to information in the tax

appraisal records of an appraisal district to which Section

25.025, Tax Code, applies.

(e) All documents filed with a county clerk and all documents

filed with a district clerk are exempt from this section.

(f) A governmental body may redact information that must be

withheld under Subsection (b) from any information the

governmental body discloses under Section 552.021 without the

necessity of requesting a decision from the attorney general

under Subchapter G.

(g) If, under Subsection (f), a governmental body redacts or

withholds information without requesting a decision from the

attorney general about whether the information may be redacted or

withheld, the requestor is entitled to seek a decision from the

attorney general about the matter. The attorney general by rule

shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the redacted

or withheld information was excepted from required disclosure to

the requestor, not later than the 45th business day after the

date the attorney general received the request for a decision

under this subsection. The attorney general shall issue a

written decision on the matter and provide a copy of the decision

to the requestor, the governmental body, and any interested

person who submitted necessary information or a brief to the

attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court.

(h) A governmental body that redacts or withholds information

under Subsection (f) shall provide the following information to

the requestor on a form prescribed by the attorney general:

(1) a description of the redacted or withheld information;

(2) a citation to this section; and

(3) instructions regarding how the requestor may seek a decision

from the attorney general regarding whether the redacted or

withheld information is excepted from required disclosure.

Added by Acts 2001, 77th Leg., ch. 119, Sec. 3, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 947, Sec. 2, eff. June

20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

715, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

715, Sec. 2, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch.

621, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 2, eff. June 4, 2009.

Acts 2009, 81st Leg., R.S., Ch.

732, Sec. 2, eff. September 1, 2009.

Sec. 552.1176. CONFIDENTIALITY OF CERTAIN INFORMATION MAINTAINED

BY STATE BAR. (a) Information that relates to the home address,

home telephone number, electronic mail address, social security

number, or date of birth of a person licensed to practice law in

this state that is maintained under Chapter 81 is confidential

and may not be disclosed to the public under this chapter if the

person to whom the information relates:

(1) chooses to restrict public access to the information; and

(2) notifies the State Bar of Texas of the person's choice, in

writing or electronically, on a form provided by the state bar.

(b) A choice made under Subsection (a) remains valid until

rescinded in writing or electronically by the person.

filed with a district clerk are exempt from this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

95, Sec. 1, eff. September 1, 2007.

Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.

Information is excepted from the requirements of Section 552.021

if it is:

(1) 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; or

(2) other information collected under Section 481.075 of that

code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 35, eff.

Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 30, eff. Sept.

1, 2001.

Sec. 552.119. EXCEPTION: PHOTOGRAPH OF PEACE OFFICER. (a) A

photograph that depicts a peace officer as defined by Article

2.12, Code of Criminal Procedure, 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 civil service hearing or a case

in arbitration; or

(3) the photograph is introduced as evidence in a judicial

proceeding.

(b) A photograph excepted from disclosure under Subsection (a)

may be made public only if the peace officer gives written

consent to the disclosure.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

8, Sec. 1, eff. May 3, 2005.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.05(a), eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1035, Sec. 10, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.1235. EXCEPTION: IDENTITY OF PRIVATE DONOR TO

INSTITUTION OF HIGHER EDUCATION. (a) The name or other

information that would tend to disclose the identity of a person,

other than a governmental body, who makes a gift, grant, or

donation of money or property to an institution of higher

education or to another person with the intent that the money or

property be transferred to an institution of higher education is

excepted from the requirements of Section 552.021.

(b) Subsection (a) does not except from required disclosure

other information relating to gifts, grants, and donations

described by Subsection (a), including the amount or value of an

individual gift, grant, or donation.

meaning assigned by Section 61.003, Education Code.

Added by Acts 2003, 78th Leg., ch. 1266, Sec. 4.07, eff. June 20,

2003.

Sec. 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.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.03(a), eff. Sept.

1, 1995; Acts 1995, 74th Leg., ch. 1035, Sec. 11, eff. Sept. 1,

1995.

Sec. 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.

Added by Acts 1995, 74th Leg., ch. 219, Sec. 14, eff. May 23,

1995. Renumbered from Government Code Sec. 552.124 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(45), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1231, Sec. 7, eff. Sept. 1, 1997.

Sec. 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.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 31, eff. May 30,

1995. Renumbered from Government Code Sec. 552.124 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(46), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1231, Sec. 8, eff. Sept. 1, 1997.

Sec. 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.

Added by Acts 1997, 75th Leg., ch. 719, Sec. 1, eff. June 17,

1997.

Sec. 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.

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.

Added by Acts 1997, 75th Leg., ch. 1227, Sec. 1, eff. June 30,

1997. Renumbered from Sec. 552.127 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(51), eff. Sept. 1, 1999.

Sec. 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.

Added by Acts 1997, 75th Leg., ch. 1069, Sec. 17, eff. June 19,

1997. Renumbered from Sec. 552.127 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(52), eff. Sept. 1, 1999.

Sec. 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.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 4, eff. Sept. 1,

1997.

Sec. 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.

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.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 9, eff. Sept. 1,

1999.

Sec. 552.132. CONFIDENTIALITY OF CRIME VICTIM OR CLAIMANT

INFORMATION. (a) Except as provided by Subsection (d), in this

section, "crime victim or claimant" means a victim or claimant

under Subchapter B, Chapter 56, Code of Criminal Procedure, who

has filed an application for compensation under that subchapter.

(b) The following information held by the crime victim's

compensation division of the attorney general's office is

confidential:

(1) the name, social security number, address, or telephone

number of a crime victim or claimant; or

(2) any other information the disclosure of which would identify

or tend to identify the crime victim or claimant.

under Section 56.34, Code of Criminal Procedure, as of the date

of the award of compensation, the name of the crime victim or

claimant and the amount of compensation awarded to that crime

victim or claimant are public information and are not excepted

from the requirements of Section 552.021.

(d) An employee of a governmental body who is also a victim

under Subchapter B, Chapter 56, Code of Criminal Procedure,

regardless of whether the employee has filed an application for

compensation under that subchapter, may elect whether to allow

public access to information held by the attorney general's

office or other governmental body that would identify or tend to

identify the victim, including a photograph or other visual

representation of the victim. An election under this subsection

must be made in writing on a form developed by the governmental

body, be signed by the employee, and be filed with the

governmental body before the third anniversary of the latest to

occur of one of the following:

(1) the date the crime was committed;

(2) the date employment begins; or

(3) the date the governmental body develops the form and

provides it to employees.

(e) If the employee fails to make an election under Subsection

(d), the identifying information is excepted from disclosure

until the third anniversary of the date the crime was committed.

In case of disability, impairment, or other incapacity of the

employee, the election may be made by the guardian of the

employee or former employee.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 10, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1039, Sec. 1, eff.

June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

290, Sec. 1, eff. September 1, 2007.

Sec. 552.1325. CRIME VICTIM IMPACT STATEMENT: CERTAIN

INFORMATION CONFIDENTIAL. (a) In this section:

(1) "Crime victim" means a person who is a victim as defined by

Article 56.32, Code of Criminal Procedure.

(2) "Victim impact statement" means a victim impact statement

under Article 56.03, Code of Criminal Procedure.

(b) The following information that is held by a governmental

body or filed with a court and that is contained in a victim

impact statement or was submitted for purposes of preparing a

victim impact statement is confidential:

(1) the name, social security number, address, and telephone

number of a crime victim; and

(2) any other information the disclosure of which would identify

or tend to identify the crime victim.

Added by Acts 2003, 78th Leg., ch. 1303, Sec. 1, eff. June 21,

2003.

Sec. 552.133. 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;

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.

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.

(d) The requirement of Section 552.022 that a category of

information listed under Section 552.022(a) is public information

and not excepted from required disclosure under this chapter

unless expressly confidential under law does not apply to

information that is excepted from required disclosure under this

section.

Added by Acts 1999, 76th Leg., ch. 405, Sec. 46, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.02, eff.

June 15, 2001. Renumbered from Sec. 552.131 by Acts 2001, 77th

Leg., ch. 1420, Sec. 21.001(52), eff. Sept. 1, 2001.

Sec. 552.134. 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:

(1) statistical or other aggregated information relating to

inmates confined in one or more facilities operated by or under a

contract with the department; or

(2) information about an inmate sentenced to death.

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.

Added by Acts 1999, 76th Leg., ch. 783, Sec. 1, eff. Aug. 30,

1999. Renumbered from Sec. 552.131 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(53), eff. Sept. 1, 2001.

Sec. 552.135. EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL

DISTRICT. (a) "Informer" means a student or a former student or

an employee or former employee of a school district who has

furnished a report of another person's 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.

(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.

Added by Acts 1999, 76th Leg., ch. 1335, Sec. 6, eff. Sept. 1,

1999. Renumbered from Sec. 552.131 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(54), eff. Sept. 1, 2001.

Sec. 552.136. CONFIDENTIALITY OF CREDIT CARD, DEBIT CARD, CHARGE

CARD, AND ACCESS DEVICE NUMBERS. (a) In this section, "access

device" means a card, plate, code, account number, personal

identification number, electronic serial number, mobile

identification number, or other telecommunications service,

equipment, or instrument identifier or means of account access

that alone or in conjunction with another access device may be

used to:

(1) obtain money, goods, services, or another thing of value; or

(2) initiate a transfer of funds other than a transfer

originated solely by paper instrument.

(b) Notwithstanding any other provision of this chapter, a

credit card, debit card, charge card, or access device number

that is collected, assembled, or maintained by or for a

governmental body is confidential.

Added by Acts 2001, 77th Leg., ch. 356, Sec. 1, eff. May 26,

2001.

Sec. 552.137. CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES. (a)

Except as otherwise provided by this section, an e-mail address

of a member of the public that is provided for the purpose of

communicating electronically with a governmental body is

confidential and not subject to disclosure under this chapter.

(b) Confidential information described by this section that

relates to a member of the public may be disclosed if the member

of the public affirmatively consents to its release.

(1) provided to a governmental body by a person who has a

contractual relationship with the governmental body or by the

contractor's agent;

(2) provided to a governmental body by a vendor who seeks to

contract with the governmental body or by the vendor's agent;

(3) contained in a response to a request for bids or proposals,

contained in a response to similar invitations soliciting offers

or information relating to a potential contract, or provided to a

governmental body in the course of negotiating the terms of a

contract or potential contract;

(4) provided to a governmental body on a letterhead, coversheet,

printed document, or other document made available to the public;

(5) provided to a governmental body for the purpose of providing

public comment on or receiving notices related to an application

for a license as defined by Section 2001.003(2) of this code, or

receiving orders or decisions from a governmental body.

(d) Subsection (a) does not prevent a governmental body from

disclosing an e-mail address for any reason to another

governmental body or to a federal agency.

Added by Acts 2001, 77th Leg., ch. 356, Sec. 1, eff. May 26,

2001. Amended by Acts 2003, 78th Leg., ch. 1089, Sec. 1, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

962, Sec. 7, eff. September 1, 2009.

Sec. 552.138. EXCEPTION: FAMILY VIOLENCE SHELTER CENTER AND

SEXUAL ASSAULT PROGRAM INFORMATION. (a) In this section:

(1) "Family violence shelter center" has the meaning assigned by

Section 51.002, Human Resources Code.

(2) "Sexual assault program" has the meaning assigned by Section

420.003.

(b) Information maintained by a family violence shelter center

or sexual assault program is excepted from the requirements of

Section 552.021 if it is information that relates to:

(1) the home address, home telephone number, or social security

number of an employee or a volunteer worker of a family violence

shelter center or a sexual assault program, regardless of whether

the employee or worker complies with Section 552.024;

(2) the location or physical layout of a family violence shelter

center;

(3) the name, home address, home telephone number, or numeric

identifier of a current or former client of a family violence

shelter center or sexual assault program;

(4) the provision of services, including counseling and

sheltering, to a current or former client of a family violence

shelter center or sexual assault program;

(5) the name, home address, or home telephone number of a

private donor to a family violence shelter center or sexual

assault program; or

(6) the home address or home telephone number of a member of the

board of directors or the board of trustees of a family violence

shelter center or sexual assault program, regardless of whether

the board member complies with Section 552.024.

family violence shelter center or sexual assault program that may

be withheld under Subsection (b)(1) or (6) from any information

the governmental body discloses under Section 552.021 without the

necessity of requesting a decision from the attorney general

under Subchapter G.

(d) If, under Subsection (c), a governmental body redacts or

withholds information without requesting a decision from the

attorney general about whether the information may be redacted or

withheld, the requestor is entitled to seek a decision from the

attorney general about the matter. The attorney general by rule

shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the redacted

or withheld information was excepted from required disclosure to

the requestor, not later than the 45th business day after the

date the attorney general received the request for a decision

under this subsection. The attorney general shall issue a

written decision on the matter and provide a copy of the decision

to the requestor, the governmental body, and any interested

person who submitted necessary information or a brief to the

attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court.

(e) A governmental body that redacts or withholds information

under Subsection (c) shall provide the following information to

the requestor on a form prescribed by the attorney general:

(1) a description of the redacted or withheld information;

(2) a citation to this section; and

(3) instructions regarding how the requestor may seek a decision

from the attorney general regarding whether the redacted or

withheld information is excepted from required disclosure.

Added by Acts 2001, 77th Leg., ch. 143, Sec. 1, eff. May 16,

2001. Renumbered from Government Code Sec. 552.136 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(75), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 3, eff. June 4, 2009.

Sec. 552.139. EXCEPTION: GOVERNMENT INFORMATION RELATED TO

SECURITY OR INFRASTRUCTURE ISSUES FOR COMPUTERS. (a)

Information is excepted from the requirements of Section 552.021

if it is information that relates to computer network security,

to restricted information under Section 2059.055, or to the

design, operation, or defense of a computer network.

(b) The following information is confidential:

(1) a computer network vulnerability report; and

(2) any other assessment of the extent to which data processing

operations, a computer, a computer program, network, system, or

system interface, or software of a governmental body or of a

contractor of a governmental body is vulnerable to unauthorized

access or harm, including an assessment of the extent to which

the governmental body's or contractor's electronically stored

information containing sensitive or critical information is

vulnerable to alteration, damage, erasure, or inappropriate use.

described in this section, the information may be disclosed to a

bidder if the governmental body determines that providing the

information is necessary for the bidder to provide an accurate

bid. A disclosure under this subsection is not a voluntary

disclosure for purposes of Section 552.007.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 4.03, eff. June 15,

2001. Renumbered from Government Code Sec. 552.136 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(76), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

183, Sec. 4, eff. September 1, 2009.

Sec. 552.140. MILITARY DISCHARGE RECORDS. (a) This section

applies only to a military veteran's Department of Defense Form

DD-214 or other military discharge record that is first recorded

with or that otherwise first comes into the possession of a

governmental body on or after September 1, 2003.

(b) The record is confidential for the 75 years following the

date it is recorded with or otherwise first comes into the

possession of a governmental body. During that period the

governmental body may permit inspection or copying of the record

or disclose information contained in the record only in

accordance with this section or in accordance with a court order.

the following persons may inspect the military discharge record

or obtain from the governmental body free of charge a copy or

certified copy of the record:

(1) the veteran who is the subject of the record;

(2) the legal guardian of the veteran;

(3) the spouse or a child or parent of the veteran or, if there

is no living spouse, child, or parent, the nearest living

relative of the veteran;

(4) the personal representative of the estate of the veteran;

(5) the person named by the veteran, or by a person described by

Subdivision (2), (3), or (4), in an appropriate power of attorney

executed in accordance with Section 490, Chapter XII, Texas

Probate Code;

(6) another governmental body; or

(7) an authorized representative of the funeral home that

assists with the burial of the veteran.

(d) A court that orders the release of information under this

section shall limit the further disclosure of the information and

the purposes for which the information may be used.

(e) A governmental body that obtains information from the record

shall limit the governmental body's use and disclosure of the

information to the purpose for which the information was

obtained.

Added by Acts 2003, 78th Leg., ch. 438, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

124, Sec. 1, eff. May 24, 2005.

Sec. 552.141. CONFIDENTIALITY OF INFORMATION IN APPLICATION FOR

MARRIAGE LICENSE.

(a) Information that relates to the social security number of an

individual that is maintained by a county clerk and that is on an

application for a marriage license, including information in an

application on behalf of an absent applicant and the affidavit of

an absent applicant, or is on a document submitted with an

application for a marriage license is confidential and may not be

disclosed by the county clerk to the public under this chapter.

(b) If the county clerk receives a request to make information

in a marriage license application available under this chapter,

the county clerk shall redact the portion of the application that

contains an individual's social security number and release the

remainder of the information in the application.

Added by Acts 2003, 78th Leg., ch. 804, Sec. 1, eff. Sept. 1,

2003.

Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED

ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY.

(a) Information is excepted from the requirements of Section

552.021 if an order of nondisclosure with respect to the

information has been issued under Section 411.081(d) or (f-1).

(b) A person who is the subject of information that is excepted

from the requirements of Section 552.021 under this section may

deny the occurrence of the arrest and prosecution to which the

information relates and the exception of the information under

this section, unless the information is being used against the

person in a subsequent criminal proceeding.

Added by Acts 2003, 78th Leg., ch. 1236, Sec. 5, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

780, Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

780, Sec. 4, eff. June 19, 2009.

Sec. 552.1425. CIVIL PENALTY: DISSEMINATION OF CERTAIN CRIMINAL

HISTORY INFORMATION. (a) A private entity that compiles and

disseminates for compensation criminal history record information

may not compile or disseminate information with respect to which

the entity has received notice that:

(1) an order of expunction has been issued under Article 55.02,

Code of Criminal Procedure; or

(2) an order of nondisclosure has been issued under Section

411.081(d) or (f-1).

(b) A district court may issue a warning to a private entity for

a first violation of Subsection (a). After receiving a warning

for the first violation, the private entity is liable to the

state for a civil penalty not to exceed $1,000 for each

subsequent violation.

may sue to collect a civil penalty under this section.

(d) A civil penalty collected under this section shall be

deposited in the state treasury to the credit of the general

revenue fund.

Added by Acts 2003, 78th Leg., ch. 1236, Sec. 5, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 9, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 10, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

780, Sec. 5, eff. June 19, 2009.

Sec. 552.143. CONFIDENTIALITY OF CERTAIN INVESTMENT INFORMATION.

(a) All information prepared or provided by a private

investment fund and held by a governmental body that is not

listed in Section 552.0225(b) is confidential and excepted from

the requirements of Section 552.021.

(b) Unless the information has been publicly released,

pre-investment and post-investment diligence information,

including reviews and analyses, prepared or maintained by a

governmental body or a private investment fund is confidential

and excepted from the requirements of Section 552.021, except to

the extent it is subject to disclosure under Subsection (c).

purchase, holding, or disposal of restricted securities that is

not listed in Section 552.0225(b)(2)-(9), (11), or (13)-(16) is

confidential and excepted from the requirements of Section

552.021. This subsection does not apply to a governmental body's

purchase, holding, or disposal of restricted securities for the

purpose of reinvestment nor does it apply to a private investment

fund's investment in restricted securities. This subsection

applies to information regarding a direct purchase, holding, or

disposal of restricted securities by the Texas growth fund,

created under Section 70, Article XVI, Texas Constitution, that

is not listed in Section 552.0225(b).

(d) For the purposes of this chapter:

(1) "Private investment fund" means an entity, other than a

governmental body, that issues restricted securities to a

governmental body to evidence the investment of public funds for

the purpose of reinvestment.

(2) "Reinvestment" means investment in a person that makes or

will make other investments.

(3) "Restricted securities" has the meaning assigned by 17

C.F.R. Section 230.144(a)(3).

(e) This section shall not be construed as affecting the

authority of the comptroller under Section 403.030.

(f) This section does not apply to the Texas Mutual Insurance

Company or a successor to the company.

Added by Acts 2005, 79th Leg., Ch.

1338, Sec. 2, eff. June 18, 2005.

Sec. 552.144. EXCEPTION: WORKING PAPERS AND ELECTRONIC

COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF

ADMINISTRATIVE HEARINGS. The following working papers and

electronic communications of an administrative law judge at the

State Office of Administrative Hearings are excepted from the

requirements of Section 552.021:

(1) notes and electronic communications recording the

observations, thoughts, questions, deliberations, or impressions

of an administrative law judge;

(2) drafts of a proposal for decision;

(3) drafts of orders made in connection with conducting

contested case hearings; and

(4) drafts of orders made in connection with conducting

alternative dispute resolution procedures.

Acts 2003, 78th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 2003.

Renumbered from Government Code, Section 552.141 by Acts 2005,

79th Leg., Ch.

728, Sec. 23.001(35), eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

350, Sec. 1, eff. June 15, 2007.

Sec. 552.145. EXCEPTION: TEXAS NO-CALL LIST. The Texas no-call

list created under Subchapter B, Chapter 304, Business &

Commerce Code, and any information provided to or received from

the administrator of the national do-not-call registry maintained

by the United States government, as provided by Sections 304.051

and 304.056, Business & Commerce Code, are excepted from the

requirements of Section 552.021.

Added by Acts 2003, 78th Leg., ch. 401, Sec. 2, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

171, Sec. 2, eff. May 27, 2005.

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.20, eff. April 1, 2009.

Renumbered from Government Code, Section 552.141 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(39), eff. September 1, 2007.

Sec. 552.146. EXCEPTION: CERTAIN COMMUNICATIONS WITH ASSISTANT

OR EMPLOYEE OF LEGISLATIVE BUDGET BOARD. (a) All written or

otherwise recorded communications, including conversations,

correspondence, and electronic communications, between a member

of the legislature or the lieutenant governor and an assistant or

employee of the Legislative Budget Board are excepted from the

requirements of Section 552.021.

(b) Memoranda of a communication between a member of the

legislature or the lieutenant governor and an assistant or

employee of the Legislative Budget Board are excepted from the

requirements of Section 552.021 without regard to the method used

to store or maintain the memoranda.

record or memoranda of a communication that occurs in public

during an open meeting or public hearing conducted by the

Legislative Budget Board.

Added by Acts 2005, 79th Leg., Ch.

741, Sec. 9, eff. June 17, 2005.

Sec. 552.147. SOCIAL SECURITY NUMBERS. (a) The social security

number of a living person is excepted from the requirements of

Section 552.021, but is not confidential under this section and

this section does not make the social security number of a living

person confidential under another provision of this chapter or

other law.

(b) A governmental body may redact the social security number of

a living person from any information the governmental body

discloses under Section 552.021 without the necessity of

requesting a decision from the attorney general under Subchapter

may disclose in the ordinary course of business a social security

number that is contained in information held by the clerk's

office, and that disclosure is not official misconduct and does

not subject the clerk to civil or criminal liability of any kind

under the law of this state, including any claim for damages in a

lawsuit or the criminal penalty imposed by Section 552.352.

(d) Unless another law requires a social security number to be

maintained in a government document, on written request from an

individual or the individual's representative the clerk shall

redact within a reasonable amount of time all but the last four

digits of the individual's social security number from

information maintained in the clerk's official public records,

including electronically stored information maintained by or

under the control of the clerk. The individual or the

individual's representative must identify, using a form provided

by the clerk, the specific document or documents from which the

partial social security number shall be redacted.

Added by Acts 2005, 79th Leg., Ch.

397, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

3, Sec. 1, eff. March 28, 2007.

Sec. 552.148. EXCEPTION: CERTAIN PERSONAL INFORMATION

MAINTAINED BY MUNICIPALITY PERTAINING TO A MINOR. (a) In this

section, "minor" means a person younger than 18 years of age.

(b) The following information maintained by a municipality for

purposes related to the participation by a minor in a

recreational program or activity is excepted from the

requirements of Section 552.021:

(1) the name, age, home address, home telephone number, or

social security number of the minor;

(2) a photograph of the minor; and

(3) the name of the minor's parent or legal guardian.

Added by Acts 2007, 80th Leg., R.S., Ch.

114, Sec. 1, eff. May 17, 2007.

Sec. 552.149. EXCEPTION: RECORDS OF COMPTROLLER OR APPRAISAL

DISTRICT RECEIVED FROM PRIVATE ENTITY. (a) Information relating

to real property sales prices, descriptions, characteristics, and

other related information received from a private entity by the

comptroller or the chief appraiser of an appraisal district under

Chapter 6, Tax Code, is excepted from the requirements of Section

552.021.

(b) Notwithstanding Subsection (a), the property owner or the

owner's agent may, on request, obtain from the chief appraiser of

the applicable appraisal district a copy of each item of

information described by Section 41.461(a)(2), Tax Code, and a

copy of each item of information that the chief appraiser took

into consideration but does not plan to introduce at the hearing

on the protest. In addition, the property owner or agent may, on

request, obtain from the chief appraiser comparable sales data

from a reasonable number of sales that is relevant to any matter

to be determined by the appraisal review board at the hearing on

the property owner's protest. Information obtained under this

subsection:

(1) remains confidential in the possession of the property owner

or agent; and

(2) may not be disclosed or used for any purpose except as

evidence or argument at the hearing on the protest.

assist a property owner or an appraisal district in a protest

filed under Section 403.303, the property owner, the district, or

an agent of the property owner or district may, on request,

obtain from the comptroller any information, including

confidential information, obtained by the comptroller in

connection with the comptroller's finding that is being

protested. Confidential information obtained by a property

owner, an appraisal district, or an agent of the property owner

or district under this subsection:

(1) remains confidential in the possession of the property

owner, district, or agent; and

(2) may not be disclosed to a person who is not authorized to

receive or inspect the information.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

555, Sec. 1

(d) This section applies to information described by Subsections

(a) and (c) and to an item of information or comparable sales

data described by Subsection (b) only if the information, item of

information, or comparable sales data relates to real property

that is located in a county having a population of 20,000 or

more.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

1153, Sec. 1

(d) Notwithstanding Subsection (a) or Section 403.304, so as to

assist a school district in the preparation of a protest filed or

to be filed under Section 403.303, the school district or an

agent of the school district may, on request, obtain from the

comptroller or the appraisal district any information, including

confidential information, obtained by the comptroller or the

appraisal district that relates to the appraisal of property

involved in the comptroller's finding that is being protested.

Confidential information obtained by a school district or an

agent of the school district under this subsection:

(1) remains confidential in the possession of the school

district or agent; and

(2) may not be disclosed to a person who is not authorized to

receive or inspect the information.

(e) This section applies to information described by Subsections

(a), (c), and (d) and to an item of information or comparable

sales data described by Subsection (b) only if the information,

item of information, or comparable sales data relates to real

property that is located in a county having a population of

20,000 or more.

Added by Acts 2007, 80th Leg., R.S., Ch.

471, Sec. 1, eff. June 16, 2007.

Renumbered from Government Code, Section 552.148 by Acts 2009,

81st Leg., R.S., Ch.

87, Sec. 27.001(39), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

555, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1153, Sec. 1, eff. June 19, 2009.

For expiration of this section, see Subsection (c).

Sec. 552.150. EXCEPTION: INFORMATION THAT COULD COMPROMISE

SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL DISTRICT. (a)

Information in the custody of a hospital district that relates to

an employee or officer of the hospital district is excepted from

the requirements of Section 552.021 if:

(1) it is information that, if disclosed under the specific

circumstances pertaining to the individual, could reasonably be

expected to compromise the safety of the individual, such as

information that describes or depicts the likeness of the

individual, information stating the times that the individual

arrives at or departs from work, a description of the

individual's automobile, or the location where the individual

works or parks; and

(2) the employee or officer applies in writing to the hospital

district's officer for public information to have the information

withheld from public disclosure under this section and includes

in the application:

(A) a description of the information; and

(B) the specific circumstances pertaining to the individual that

demonstrate why disclosure of the information could reasonably be

expected to compromise the safety of the individual.

(b) On receiving a written request for information described in

an application submitted under Subsection (a)(2), the officer for

public information shall:

(1) request a decision from the attorney general in accordance

with Section 552.301 regarding withholding the information; and

(2) include a copy of the application submitted under Subsection

(a)(2) with the request for the decision.

Added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 4, eff. September 1, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 4

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 5, see other Sec. 552.151.

Sec. 552.151. EXCEPTION: PUBLIC EMPLOYEE OR OFFICER PERSONAL

SAFETY. Information in the custody of a governmental body that

relates to an employee or officer of the governmental body is

excepted from the requirements of Section 552.021 if, under the

specific circumstances pertaining to the employee or officer,

disclosure of the information would subject the employee or

officer to a substantial threat of physical harm.

Added by Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 4, eff. June 4, 2009.

Text of section as added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 5

For text of section as added by Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 4, see other Sec. 552.151.

Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT AGENTS.

(a) The following information that pertains to a biological

agent or toxin identified or listed as a select agent under

federal law, including under the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No.

107-188) and regulations adopted under that Act, is excepted from

the requirements of Section 552.021:

(1) the specific location of a select agent within an approved

facility;

(2) personal identifying information of an individual whose name

appears in documentation relating to the chain of custody of

select agents, including a materials transfer agreement; and

(3) the identity of an individual authorized to possess, use, or

access a select agent.

(b) This section does not except from disclosure the identity of

the select agents present at a facility.

an individual faculty member or employee whose name appears or

will appear on published research.

(d) This section does not except from disclosure otherwise

public information relating to contracts of a governmental body.

(e) If a resident of another state is present in Texas and is

authorized to possess, use, or access a select agent in

conducting research or other work at a Texas facility,

information relating to the identity of that individual is

subject to disclosure under this chapter only to the extent the

information would be subject to disclosure under the laws of the

state of which the person is a resident.

Added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 5, eff. September 1, 2009.

SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff.

Sept. 1, 1995.

Sec. 552.202. DEPARTMENT HEADS. Each department head is an

agent of the officer for public information for the purposes of

complying with this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff. Sept. 1,

1995.

Sec. 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 attorney general 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 attorney general 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

attorney general 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 attorney general, is most useful for requestors to

know and for employees of governmental bodies who receive or

respond to requests for public information to know.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 11, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 3, eff. September 1, 2005.

SUBCHAPTER E. PROCEDURES RELATED TO ACCESS

Sec. 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. In this subsection, "promptly" means as soon as

possible under the circumstances, that is, within a reasonable

time, without delay.

(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.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 12, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 791, Sec. 1, eff. June 20, 2003.

Sec. 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.

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.

(d) If by the 61st day after the date a governmental body sends

a written request for clarification or discussion under

Subsection (b) or an officer for public information or agent

sends a written request for additional information under

Subsection (c) the governmental body, officer for public

information, or agent, as applicable, does not receive a written

response from the requestor, the underlying request for public

information is considered to have been withdrawn by the

requestor.

(e) A written request for clarification or discussion under

Subsection (b) or a written request for additional information

under Subsection (c) must include a statement as to the

consequences of the failure by the requestor to timely respond to

the request for clarification, discussion, or additional

information.

(f) If the requestor's request for public information included

the requestor's physical or mailing address, the request may not

be considered to have been withdrawn under Subsection (d) unless

the governmental body, officer for public information, or agent,

as applicable, sends the request for clarification or discussion

under Subsection (b) or the written request for additional

information under Subsection (c) to that address by certified

mail.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1187, Sec. 5, eff. Sept.

1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

296, Sec. 1, eff. September 1, 2007.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Sec. 552.225. TIME FOR EXAMINATION. (a) A requestor must

complete the examination of the information not later than the

10th business day after the date the custodian of the information

makes it available. If the requestor does not complete the

examination of the information within 10 business days after the

date the custodian of the information makes the information

available and does not file a request for additional time under

Subsection (b), the requestor is considered to have withdrawn the

request.

(b) The officer for public information shall extend the initial

examination period by an additional 10 business 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 business days if, within the

additional period, the requestor files with the officer for

public information a written request for more additional time.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 4, eff. September 1, 2005.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Sec. 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 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.

produce a copy of information in a requested medium for any of

the reasons described by this section, the governmental body

shall provide 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

962, Sec. 8, eff. September 1, 2009.

Sec. 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.

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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 3, eff. Sept.

1, 1997.

Sec. 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

(B) the information could be made available in the requested

form only at a cost that covers the programming and manipulation

of data.

(b) The written statement must include:

(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 under Section

552.262; and

(5) a statement of the anticipated time required to provide the

information in the requested form.

the requestor within 20 days after the date of the governmental

body's receipt of the request. The governmental body has an

additional 10 days to provide the statement if the governmental

body gives written notice to the requestor, within 20 days after

the date of receipt of the request, that the additional time is

needed.

(d) On providing the written statement to the requestor as

required by this section, the governmental body does not have any

further obligation to provide the information in the requested

form or in the form in which it is available unless within 30

days the requestor states in writing to the governmental body

that the requestor:

(1) wants the governmental body to provide the information in

the requested form according to the cost and time parameters set

out in the statement or according to other terms to which the

requestor and the governmental body agree; or

(2) wants the information in the form in which it is available.

(d-1) If a requestor does not make a timely written statement

under Subsection (d), the requestor is considered to have

withdrawn the request for information.

(e) The officer for public information of a governmental body

shall establish policies that assure the expeditious and accurate

processing of requests for information that require programming

or manipulation of data. A governmental body shall maintain a

file containing all written statements issued under this section

in a readily accessible location.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 4, eff. September 1, 2005.

Sec. 552.232. RESPONDING TO REPETITIOUS OR REDUNDANT REQUESTS.

(a) A governmental body that determines that a requestor has

made a request for information for which the governmental body

has previously furnished copies to the requestor or made copies

available to the requestor on payment of applicable charges under

Subchapter F, shall respond to the request, in relation to the

information for which copies have been already furnished or made

available, in accordance with this section, except that:

(1) this section does not prohibit the governmental body from

furnishing the information or making the information available to

the requestor again in accordance with the request; and

(2) the governmental body is not required to comply with this

section in relation to information that the governmental body

simply furnishes or makes available to the requestor again in

accordance with the request.

(b) The governmental body shall certify to the requestor that

copies of all or part of the requested information, as

applicable, were previously furnished to the requestor or made

available to the requestor on payment of applicable charges under

Subchapter F. The certification must include:

(1) a description of the information for which copies have been

previously furnished or made available to the requestor;

(2) the date that the governmental body received the requestor's

original request for that information;

(3) the date that the governmental body previously furnished

copies of 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 the officer's agent making the certification.

certification required under Subsection (b).

(d) This section does not apply to information for which the

governmental body has not previously furnished copies to the

requestor or made copies available to the requestor on payment of

applicable charges under Subchapter F. A request by the requestor

for information for which copies have not previously been

furnished or made available to the requestor, including

information for which copies were not furnished or made available

because the information was redacted from other information that

was furnished or made available or because the information did

not yet exist at the time of an earlier request, shall be treated

in the same manner as any other request for information under

this chapter.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 13, eff. Sept. 1,

1999.

SUBCHAPTER F. CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION

Sec. 552.261. CHARGE FOR PROVIDING COPIES OF PUBLIC INFORMATION.

(a) The charge for providing a copy of public information shall

be an amount that reasonably includes all costs related to

reproducing the public information, including costs of materials,

labor, and overhead. If a request is for 50 or fewer pages of

paper records, the charge for providing the copy of the public

information may not include costs of materials, labor, or

overhead, but shall be limited to the charge for each page of the

paper record that is photocopied, unless the pages to be

photocopied are located in:

(1) two or more separate buildings that are not physically

connected with each other; or

(2) a remote storage facility.

(b) If the charge for providing a copy of public information

includes costs of labor, the requestor may require the

governmental body's officer for public information or the

officer's agent to provide the requestor with a written statement

as to the amount of time that was required to produce and provide

the copy. The statement must be signed by the officer for public

information or the officer's agent and the officer's or the

agent's name must be typed or legibly printed below the

signature. A charge may not be imposed for providing the written

statement to the requestor.

buildings by a covered or open sidewalk, an elevated or

underground passageway, or a similar facility is insufficient to

cause the buildings to be considered separate buildings.

(d) Charges for providing a copy of public information are

considered to accrue at the time the governmental body advises

the requestor that the copy is available on payment of the

applicable charges.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 16, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 14, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 864, Sec. 1, eff. Sept. 1, 2003.

Sec. 552.2615. REQUIRED ITEMIZED ESTIMATE OF CHARGES. (a) If a

request for a copy of public information will result in the

imposition of a charge under this subchapter that exceeds $40, or

a request to inspect a paper record will result in the imposition

of a charge under Section 552.271 that exceeds $40, the

governmental body shall provide the requestor with a written

itemized statement that details all estimated charges that will

be imposed, including any allowable charges for labor or

personnel costs. If an alternative less costly method of viewing

the records is available, the statement must include a notice

that the requestor may contact the governmental body regarding

the alternative method. The governmental body must inform the

requestor of the responsibilities imposed on the requestor by

this section and of the rights granted by this entire section and

give the requestor the information needed to respond, including:

(1) that the requestor must provide the governmental body with a

mailing, facsimile transmission, or electronic mail address to

receive the itemized statement and that it is the requestor's

choice which type of address to provide;

(2) that the request is considered automatically withdrawn if

the requestor does not respond in writing to the itemized

statement and any updated itemized statement in the time and

manner required by this section; and

(3) that the requestor may respond to the statement by

delivering the written response to the governmental body by mail,

in person, by facsimile transmission if the governmental body is

capable of receiving documents transmitted in that manner, or by

electronic mail if the governmental body has an electronic mail

address.

(b) A request described by Subsection (a) is considered to have

been withdrawn by the requestor if the requestor does not respond

in writing to the itemized statement by informing the

governmental body within 10 business days after the date the

statement is sent to the requestor that:

(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.

makes the copy or the paper record available, that the estimated

charges will exceed the charges detailed in the written itemized

statement by 20 percent or more, the governmental body shall send

to the requestor a written updated itemized statement that

details all estimated charges that will be imposed, including any

allowable charges for labor or personnel costs. If the requestor

does not respond in writing to the updated estimate in the time

and manner described by Subsection (b), the request is considered

to have been withdrawn by the requestor.

(d) If the actual charges that a governmental body imposes for a

copy of public information, or for inspecting a paper record

under Section 552.271, exceeds $40, the charges may not exceed:

(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 itemized statement.

(e) An itemized statement or updated itemized statement is

considered to have been sent by the governmental body to the

requestor on the date that:

(1) the statement is delivered to the requestor in person;

(2) the governmental body deposits the properly addressed

statement in the United States mail; or

(3) the governmental body transmits the properly addressed

statement by electronic mail or facsimile transmission, if the

requestor agrees to receive the statement by electronic mail or

facsimile transmission, as applicable.

(f) A requestor is considered to have responded to the itemized

statement or the updated itemized statement on the date that:

(1) the response is delivered to the governmental body in

person;

(2) the requestor deposits the properly addressed response in

the United States mail; or

(3) the requestor transmits the properly addressed response to

the governmental body by electronic mail or facsimile

transmission.

(g) The time deadlines imposed by this section do not affect the

application of a time deadline imposed on a governmental body

under Subchapter G.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 15, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 864, Sec. 2, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 6, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 5, eff. September 1, 2005.

Sec. 552.262. RULES OF THE ATTORNEY GENERAL. (a) The attorney

general shall adopt rules for use by each governmental body in

determining charges for providing copies of public information

under this subchapter and in determining the charge, deposit, or

bond required for making public information that exists in a

paper record available for inspection as authorized by Sections

552.271(c) and (d). The rules adopted by the attorney general

shall be used by each governmental body in determining charges

for providing copies of public information and in determining the

charge, deposit, or bond required for making public information

that exists in a paper record available for inspection, except to

the extent that other law provides for charges for specific kinds

of public information. The charges for providing copies of

public information may not be excessive and may not exceed the

actual cost of producing the information or for making public

information that exists in a paper record available for

inspection. A governmental body, other than an agency of state

government, may determine its own charges for providing copies of

public information and its own charge, deposit, or bond for

making public information that exists in a paper record available

for inspection but may not charge an amount that is greater than

25 percent more than the amount established by the attorney

general unless the governmental body requests an exemption under

Subsection (c).

(b) The rules of the attorney general shall prescribe the

methods for computing the charges for providing copies of public

information in paper, electronic, and other kinds of media and

the charge, deposit, or bond required for making public

information that exists in a paper record available for

inspection. The rules shall establish costs for various

components of charges for providing copies of public information

that shall be used by each governmental body in providing copies

of public information or making public information that exists in

a paper record available for inspection.

or all of the rules adopted by the attorney general for

determining charges for providing copies of public information or

the charge, deposit, or bond required for making public

information that exists in a paper record available for

inspection. The request must be made in writing to the attorney

general and must state the reason for the exemption. If the

attorney general determines that good cause exists for exempting

a governmental body from a part or all of the rules, the attorney

general shall give written notice of the determination to the

governmental body within 90 days of the request. On receipt of

the determination, the governmental body may amend its charges

for providing copies of public information or its charge,

deposit, or bond required for making public information that

exists in a paper record available for inspection according to

the determination of the attorney general.

(d) The attorney general shall publish annually in the Texas

authorization from the attorney general to adopt any modified

rules for determining the cost of providing copies of public

information or making public information that exists in a paper

record available for inspection.

(e) The rules of the attorney general do not apply to a state

governmental body that is not a state agency for purposes of

Subtitle D, Title 10.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 16, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 7, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 6, eff. September 1, 2005.

Sec. 552.263. BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT FOR

PREPARATION OF COPY OF PUBLIC INFORMATION. (a) An officer for

public information or the officer's agent may require a deposit

or bond for payment of anticipated costs for the preparation of a

copy of public information if:

(1) the officer for public information or the officer's agent

has provided the requestor with the written itemized statement

required under Section 552.2615 detailing the estimated charge

for providing the copy; and

(2) the charge for providing the copy of the public information

specifically requested by the requestor is estimated by the

governmental body to exceed:

(A) $100, if the governmental body has more than 15 full-time

employees; or

(B) $50, if the governmental body has fewer than 16 full-time

employees.

(b) The officer for public information or the officer's agent

may not require a deposit or bond be paid under Subsection (a) as

a down payment for copies of public information that the

requestor may request in the future.

require a deposit or bond for payment of unpaid amounts owing to

the governmental body in relation to previous requests that the

requestor has made under this chapter before preparing a copy of

public information in response to a new request if those unpaid

amounts exceed $100. The officer for public information or the

officer's agent may not seek payment of those unpaid amounts

through any other means.

(d) The governmental body must fully document the existence and

amount of those unpaid amounts or the amount of any anticipated

costs, as applicable, before requiring a deposit or bond under

this section. The documentation is subject to required public

disclosure under this chapter.

(e) For purposes of Subchapters F and G, a request for a copy of

public information is considered to have been received by a

governmental body on the date the governmental body receives the

deposit or bond for payment of anticipated costs or unpaid

amounts if the governmental body's officer for public information

or the officer's agent requires a deposit or bond in accordance

with this section.

(f) A requestor who fails to make a deposit or post a bond

required under Subsection (a) before the 10th business day after

the date the deposit or bond is required is considered to have

withdrawn the request for the copy of the public information that

precipitated the requirement of the deposit or bond.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 17, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

315, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

349, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 6, eff. September 1, 2009.

Sec. 552.264. COPY OF PUBLIC INFORMATION REQUESTED BY MEMBER OF

LEGISLATURE. One copy of public information that is requested

from a state agency by a member, agency, or committee of the

legislature under Section 552.008 shall be provided without

charge.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1585, Sec. 1, eff. June 20,

1999.

Sec. 552.265. CHARGE FOR PAPER COPY PROVIDED BY DISTRICT OR

COUNTY CLERK. The charge for providing a paper copy made by a

district or county clerk's office shall be the charge provided by

Chapter 51 of this code, Chapter 118, Local Government Code, or

other applicable law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1155, Sec. 1, eff. June

15, 2001.

Sec. 552.266. CHARGE FOR COPY OF PUBLIC INFORMATION PROVIDED BY

MUNICIPAL COURT CLERK. The charge for providing a copy made by a

municipal court clerk shall be the charge provided by municipal

ordinance.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997.

Sec. 552.267. WAIVER OR REDUCTION OF CHARGE FOR PROVIDING COPY

OF PUBLIC INFORMATION. (a) A governmental body shall provide a

copy of public information without charge or at a reduced charge

if the governmental body determines that waiver or reduction of

the charge is in the public interest because providing the copy

of the information primarily benefits the general public.

(b) If the cost to a governmental body of processing the

collection of a charge for providing a copy of public information

will exceed the amount of the charge, the governmental body may

waive the charge.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997.

Sec. 552.268. EFFICIENT USE OF PUBLIC RESOURCES. A governmental

body shall make reasonably efficient use of supplies and other

resources to avoid excessive reproduction costs.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997.

Sec. 552.269. OVERCHARGE OR OVERPAYMENT FOR COPY OF PUBLIC

INFORMATION. (a) A person who believes the person has been

overcharged for being provided with a copy of public information

may complain to the attorney general in writing of the alleged

overcharge, setting forth the reasons why the person believes the

charges are excessive. The attorney general shall review the

complaint and make a determination in writing as to the

appropriate charge for providing the copy of the requested

information. The governmental body shall respond to the attorney

general to any written questions asked of the governmental body

by the attorney general regarding the charges for providing the

copy of the public information. The response must be made to the

attorney general within 10 business days after the date the

questions are received by the governmental body. If the attorney

general determines that a governmental body has overcharged for

providing the copy of requested public information, the

governmental body shall promptly adjust its charges in accordance

with the determination of the attorney general.

(b) A person who overpays for a copy of public information

because a governmental body refuses or fails to follow the rules

for charges adopted by the attorney general is entitled to

recover three times the amount of the overcharge if the

governmental body did not act in good faith in computing the

costs.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 864, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 8, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 7, eff. September 1, 2005.

Sec. 552.270. CHARGE FOR GOVERNMENT PUBLICATION. (a) This

subchapter does not apply to a publication that is compiled and

printed by or for a governmental body for public dissemination.

If the cost of the publication is not determined by state law, a

governmental body may determine the charge for providing the

publication.

(b) This section does not prohibit a governmental body from

providing a publication free of charge if state law does not

require that a certain charge be made.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff.

Sept. 1, 1997.

Sec. 552.271. INSPECTION OF PUBLIC INFORMATION IN PAPER RECORD

IF COPY NOT REQUESTED. (a) If the requestor does not request a

copy of public information, a charge may not be imposed for

making available for inspection any public information that

exists in a paper record, except as provided by this section.

(b) If a requested page contains confidential information that

must be edited from the record before the information can be made

available for inspection, the governmental body may charge for

the cost of making a photocopy of the page from which

confidential information must be edited. No charge other than the

cost of the photocopy may be imposed under this subsection.

information or the officer's agent may require a requestor to

pay, or to make a deposit or post a bond for the payment of,

anticipated personnel costs for making available for inspection

public information that exists in paper records only if:

(1) the public information specifically requested by the

requestor:

(A) is older than five years; or

(B) completely fills, or when assembled will completely fill,

six or more archival boxes; and

(2) the officer for public information or the officer's agent

estimates that more than five hours will be required to make the

public information available for inspection.

(d) If the governmental body has fewer than 16 full-time

employees, the payment, the deposit, or the bond authorized by

Subsection (c) may be required only if:

(1) the public information specifically requested by the

requestor:

(A) is older than three years; or

(B) completely fills, or when assembled will completely fill,

three or more archival boxes; and

(2) the officer for public information or the officer's agent

estimates that more than two hours will be required to make the

public information available for inspection.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 18, eff.

Sept. 1, 1999.

Sec. 552.272. INSPECTION OF ELECTRONIC RECORD IF COPY NOT

REQUESTED. (a) In response to a request to inspect information

that exists in an electronic medium and that is not available

directly on-line to the requestor, a charge may not be imposed

for access to the information, unless complying with the request

will require programming or manipulation of data. If programming

or manipulation of data is required, the governmental body shall

notify the requestor before assembling the information and

provide the requestor with an estimate of charges that will be

imposed to make the information available. A charge under this

section must be assessed in accordance with this subchapter.

(b) If public information exists in an electronic form on a

computer owned or leased by a governmental body and if the public

has direct access to that computer through a computer network or

other means, the electronic form of the information may be

electronically copied from that computer without charge if

accessing the information does not require processing,

programming, or manipulation on the government-owned or

government-leased computer before the information is copied.

computer owned or leased by a governmental body and if the public

has direct access to that computer through a computer network or

other means and the information requires processing, programming,

or manipulation before it can be electronically copied, a

governmental body may impose charges in accordance with this

subchapter.

(d) If information is created or kept in an electronic form, a

governmental body is encouraged to explore options to separate

out confidential information and to make public information

available to the public through electronic access through a

computer network or by other means.

(e) The provisions of this section that prohibit a governmental

entity from imposing a charge for access to information that

exists in an electronic medium do not apply to the collection of

a fee set by the supreme court after consultation with the

Judicial Committee on Information Technology as authorized by

Section 77.031 for the use of a computerized electronic judicial

information system.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 17, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1327, Sec. 5, eff. Sept.

1, 1997.

Sec. 552.274. REPORTS BY ATTORNEY GENERAL AND STATE AGENCIES ON

COST OF COPIES. (a) The attorney general shall:

(1) biennially update a report prepared by the attorney general

about the charges made by state agencies for providing copies of

public information; and

(2) provide a copy of the updated report on the attorney

general's open records page on the Internet not later than March

1 of each even-numbered year.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

329, Sec. 9

(b) Before the 30th day after the date on which a regular

session of the legislature convenes, each state agency shall

issue a report that describes that agency's procedures for

charging and collecting fees for providing copies of public

information. A state agency may comply with this subsection by

posting the report on the agency's open records page or another

easily accessible page on the agency's website on the Internet.

Text of subsection as amended by Acts 2005, 79th Leg., Ch.

716, Sec. 9

(b) Not later than December 1 of each odd-numbered year, each

state agency shall provide the attorney general detailed

information, for use by the attorney general in preparing the

report required by Subsection (a), describing the agency's

procedures for charging and collecting fees for providing copies

of public information.

Sections 2151.002(2)(A) and (C).

Added by Acts 1995, 74th Leg., ch. 693, Sec. 17, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff.

Sept. 1, 1997. Renumbered from Government Code Sec. 552.270 by

Acts 1997, 75th Leg., ch. 165, Sec. 31.01(47), eff. Sept. 1,

1997. Renumbered from Government Code Sec. 552.270 and amended by

Acts 1997, 75th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 19, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 9.008(a), eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 9, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 8, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 9, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 7, eff. September 1, 2009.

Sec. 552.275. REQUESTS THAT REQUIRE LARGE AMOUNTS OF EMPLOYEE OR

PERSONNEL TIME. (a) A governmental body may establish a

reasonable limit on the amount of time that personnel of the

governmental body are required to spend producing public

information for inspection or duplication by a requestor, or

providing copies of public information to a requestor, without

recovering its costs attributable to that personnel time.

(b) A time limit established under Subsection (a) may not be

less than 36 hours for a requestor during the 12-month period

that corresponds to the fiscal year of the governmental body.

Subsection (a) applies, any time spent complying with a request

for public information submitted in the name of a minor, as

defined by Section 101.003(a), Family Code, is to be included in

the calculation of the cumulative amount of time spent complying

with a request for public information by a parent, guardian, or

other person who has control of the minor under a court order and

with whom the minor resides, unless that parent, guardian, or

other person establishes that another person submitted that

request in the name of the minor.

(d) If a governmental body establishes a time limit under

Subsection (a), each time the governmental body complies with a

request for public information, the governmental body shall

provide the requestor with a written statement of the amount of

personnel time spent complying with that request and the

cumulative amount of time spent complying with requests for

public information from that requestor during the applicable

12-month period. The amount of time spent preparing the written

statement may not be included in the amount of time included in

the statement provided to the requestor under this subsection.

(e) If in connection with a request for public information, the

cumulative amount of personnel time spent complying with requests

for public information from the same requestor equals or exceeds

the limit established by the governmental body under Subsection

(a), the governmental body shall provide the requestor with a

written estimate of the total cost, including materials,

personnel time, and overhead expenses, necessary to comply with

the request. The written estimate must be provided to the

requestor on or before the 10th day after the date on which the

public information was requested. The amount of this charge

relating to the cost of locating, compiling, and producing the

public information shall be established by rules prescribed by

the attorney general under Sections 552.262(a) and (b).

(f) If the governmental body determines that additional time is

required to prepare the written estimate under Subsection (e) and

provides the requestor with a written statement of that

determination, the governmental body must provide the written

statement under that subsection as soon as practicable, but on or

before the 10th day after the date the governmental body provided

the statement under this subsection.

(g) If a governmental body provides a requestor with the written

statement under Subsection (e), the governmental body is not

required to produce public information for inspection or

duplication or to provide copies of public information in

response to the requestor's request unless on or before the 10th

day after the date the governmental body provided the written

statement under that subsection, the requestor submits a

statement in writing to the governmental body in which the

requestor commits to pay the lesser of:

(1) the actual costs incurred in complying with the requestor's

request, including the cost of materials and personnel time and

overhead; or

(2) the amount stated in the written statement provided under

Subsection (e).

(h) If the requestor fails or refuses to submit the written

statement under Subsection (g), the requestor is considered to

have withdrawn the requestor's pending request for public

information.

(i) This section does not prohibit a governmental body from

providing a copy of public information without charge or at a

reduced rate under Section 552.267 or from waiving a charge for

providing a copy of public information under that section.

(j) This section does not apply if the requestor is an

individual who, for a substantial portion of the individual's

livelihood or for substantial financial gain, gathers, compiles,

prepares, collects, photographs, records, writes, edits, reports,

investigates, processes, or publishes news or information for and

is seeking the information for:

(1) a radio or television broadcast station that holds a

broadcast license for an assigned frequency issued by the Federal

Communications Commission;

(2) a newspaper that is qualified under Section 2051.044 to

publish legal notices or is a free newspaper of general

circulation and that is published at least once a week and

available and of interest to the general public in connection

with the dissemination of news;

(3) a newspaper of general circulation that is published on the

Internet by a news medium engaged in the business of

disseminating news or information to the general public; or

(4) a magazine that is published at least once a week or on the

Internet by a news medium engaged in the business of

disseminating news or information to the general public.

(k) This section does not apply if the requestor is an elected

official of the United States, this state, or a political

subdivision of this state.

(l) This section does not apply if the requestor is a

representative of a publicly funded legal services organization

that is exempt from federal income taxation under Section 501(a),

Internal Revenue Code of 1986, as amended, by being listed as an

exempt entity under Section 501(c)(3) of that code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1398, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1383, Sec. 1, eff. September 1, 2009.

SUBCHAPTER G. ATTORNEY GENERAL DECISIONS

Sec. 552.301. REQUEST FOR ATTORNEY GENERAL DECISION. (a) A

governmental body that receives a written request for information

that it wishes to withhold from public disclosure and that it

considers to be within one of the exceptions under Subchapter C

must ask for a decision from the attorney general about whether

the information is within that exception if there has not been a

previous determination about whether the information falls within

one of the exceptions.

(b) The governmental body must ask for the attorney general's

decision and state the exceptions that apply within a reasonable

time but not later than the 10th business day after the date of

receiving the written request.

a request made in writing that is sent to the officer for public

information, or the person designated by that officer, by

electronic mail or facsimile transmission.

(d) A governmental body that requests an attorney general

decision under Subsection (a) must provide to the requestor

within a reasonable time but not later than the 10th business day

after the date of receiving the requestor's written request:

(1) a written statement that the governmental body 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 governmental body's written communication to

the attorney general asking for the decision or, if the

governmental body's written communication to the attorney general

discloses the requested information, a redacted copy of that

written communication.

(e) A governmental body that requests an attorney general

decision under Subsection (a) must within a reasonable time but

not later than the 15th business day after the date of receiving

the written request:

(1) submit to the attorney general:

(A) written comments stating the reasons why the stated

exceptions apply that would allow the information to be withheld;

(B) a copy of the written request for information;

request for information was received by the governmental body or

evidence sufficient to establish that date; and

(D) a copy of the specific information requested, or submit

representative samples of the information if a voluminous amount

of information was requested; and

(2) label that copy of the specific information, or of the

representative samples, to indicate which exceptions apply to

which parts of the copy.

(e-1) A governmental body that submits written comments to the

attorney general under Subsection (e)(1)(A) shall send a copy of

those comments to the person who requested the information from

the governmental body not later than the 15th business day after

the date of receiving the written request. If the written

comments disclose or contain the substance of the information

requested, the copy of the comments provided to the person must

be a redacted copy.

(f) A governmental body must release the requested information

and is prohibited from asking for a decision from the attorney

general about whether information requested under this chapter is

within an exception under Subchapter C if:

(1) the governmental body has previously requested and received

a determination from the attorney general concerning the precise

information at issue in a pending request; and

(2) the attorney general or a court determined that the

information is public information under this chapter that is not

excepted by Subchapter C.

(g) A governmental body may ask for another decision from the

attorney general concerning the precise information that was at

issue in a prior decision made by the attorney general under this

subchapter if:

(1) a suit challenging the prior decision was timely filed

against the attorney general in accordance with this chapter

concerning the precise information at issue;

(2) the attorney general determines that the requestor has

voluntarily withdrawn the request for the information in writing

or has abandoned the request; and

(3) the parties agree to dismiss the lawsuit.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 18, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 5, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 20, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 10, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

474, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 8, eff. September 1, 2009.

Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY

GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a

governmental body does not request an attorney general decision

as provided by Section 552.301 and provide the requestor with the

information required by Sections 552.301(d) and (e-1), the

information requested in writing is presumed to be subject to

required public disclosure and must be released unless there is a

compelling reason to withhold the information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 21, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 11, eff. September 1, 2005.

Sec. 552.303. DELIVERY OF REQUESTED INFORMATION TO ATTORNEY

GENERAL; DISCLOSURE OF REQUESTED INFORMATION; ATTORNEY GENERAL

REQUEST FOR SUBMISSION OF ADDITIONAL INFORMATION. (a) A

governmental body that requests an attorney general decision

under this subchapter shall supply to the attorney general, in

accordance with Section 552.301, the specific information

requested. Unless the information requested is confidential by

law, the governmental body may disclose the requested information

to the public or to the requestor before the attorney general

makes a final determination that the requested information is

public or, if suit is filed under this chapter, before a final

determination that the requested information is public has been

made by the court with jurisdiction over the suit, except as

otherwise provided by Section 552.322.

(b) The attorney general may determine whether a governmental

body's submission of information to the attorney general under

Section 552.301 is sufficient to render a decision.

addition to that required by Section 552.301 is necessary to

render a decision, the attorney general shall give written notice

of that fact to the governmental body and the requestor.

(d) A governmental body notified under Subsection (c) shall

submit the necessary additional information to the attorney

general not later than the seventh calendar day after the date

the notice is received.

(e) If a governmental body does not comply with Subsection (d),

the information that is the subject of a person's request to the

governmental body and regarding which the governmental body fails

to comply with Subsection (d) is presumed to be subject to

required public disclosure and must be released unless there

exists a compelling reason to withhold the information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 19, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 22, eff.

Sept. 1, 1999.

Sec. 552.3035. DISCLOSURE OF REQUESTED INFORMATION BY ATTORNEY

GENERAL. The attorney general may not disclose to the requestor

or the public any information submitted to the attorney general

under Section 552.301(e)(1)(D).

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 23, eff. Sept. 1,

1999.

Sec. 552.304. SUBMISSION OF PUBLIC COMMENTS. (a) A person may

submit written comments stating reasons why the information at

issue in a request for an attorney general decision should or

should not be released.

(b) A person who submits written comments to the attorney

general under Subsection (a) shall send a copy of those comments

to both the person who requested the information from the

governmental body and the governmental body. If the written

comments submitted to the attorney general disclose or contain

the substance of the information requested from the governmental

body, the copy of the comments sent to the person who requested

the information must be a redacted copy.

memorandum, or a brief.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 20, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 12, eff. September 1, 2005.

Sec. 552.305. INFORMATION INVOLVING PRIVACY OR PROPERTY

INTERESTS OF THIRD PARTY. (a) In a case in which information is

requested under this chapter and a person's privacy or property

interests may be involved, including a case under Section

552.101, 552.104, 552.110, or 552.114, a governmental body may

decline to release the information for the purpose of requesting

an attorney general decision.

(b) A person whose interests may be involved under Subsection

(a), or any other person, may submit in writing to the attorney

general the person's reasons why the information should be

withheld or released.

its reasons why the information should be withheld or released.

(d) If release of a person's proprietary information may be

subject to exception under Section 552.101, 552.110, 552.113, or

552.131, the governmental body that requests an attorney general

decision under Section 552.301 shall make a good faith attempt to

notify that person of the request for the attorney general

decision. Notice under this subsection must:

(1) be in writing and sent within a reasonable time not later

than the 10th business day after the date the governmental body

receives the request for the information; and

(2) include:

(A) a copy of the written request for the information, if any,

received by the governmental body; and

(B) a statement, in the form prescribed by the attorney general,

that the person is entitled to submit in writing to the attorney

general within a reasonable time not later than the 10th business

day after the date the person receives the notice:

(i) each reason the person has as to why the information should

be withheld; and

(ii) a letter, memorandum, or brief in support of that reason.

(e) A person who submits a letter, memorandum, or brief to the

attorney general under Subsection (d) shall send a copy of that

letter, memorandum, or brief to the person who requested the

information from the governmental body. If the letter,

memorandum, or brief submitted to the attorney general contains

the substance of the information requested, the copy of the

letter, memorandum, or brief may be a redacted copy.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 21, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 24, eff.

Sept. 1, 1999.

Sec. 552.306. RENDITION OF ATTORNEY GENERAL DECISION; ISSUANCE

OF WRITTEN OPINION. (a) Except as provided by Section 552.011,

the attorney general shall promptly render a decision requested

under this subchapter, consistent with the standards of due

process, determining whether the requested information is within

one of the exceptions of Subchapter C. The attorney general

shall render the decision not later than the 45th business day

after the date the attorney general received the request for a

decision. If the attorney general is unable to issue the

decision within the 45-day period, the attorney general may

extend the period for issuing the decision by an additional 10

business days by informing the governmental body and the

requestor, during the original 45-day period, of the reason for

the delay.

(b) The attorney general shall issue a written opinion of the

determination and shall provide a copy of the opinion to the

requestor.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 22, eff.

Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1319, Sec. 25, eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

349, Sec. 2, eff. June 15, 2007.

Sec. 552.307. SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL

DECISIONS. (a) If a governmental body determines that

information subject to a special right of access under Section

552.023 is exempt from disclosure under an exception of

Subchapter C, other than an exception intended to protect the

privacy interest of the requestor or the person whom the

requestor is authorized to represent, the governmental body

shall, before disclosing the information, submit a written

request for a decision to the attorney general under the

procedures of this subchapter.

(b) If a decision is not requested under Subsection (a), the

governmental body shall release the information to the person

with a special right of access under Section 552.023 not later

than the 10th business day after the date of receiving the

request for information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

349, Sec. 3, eff. June 15, 2007.

Sec. 552.308. TIMELINESS OF ACTION BY UNITED STATES MAIL,

INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. (a) When this

subchapter requires a request, notice, or other document to be

submitted or otherwise given to a person within a specified

period, the requirement is met in a timely fashion if the

document is sent to the person by first class United States mail

or common or contract carrier properly addressed with postage or

handling charges prepaid and:

(1) it bears a post office cancellation mark or a receipt mark

of a common or contract carrier indicating a time within that

period; or

(2) the person required to submit or otherwise give the document

furnishes satisfactory proof that it was deposited in the mail or

with a common or contract carrier within that period.

(b) When this subchapter requires an agency of this state to

submit or otherwise give to the attorney general within a

specified period a request, notice, or other writing, the

requirement is met in a timely fashion if:

(1) the request, notice, or other writing is sent to the

attorney general by interagency mail; and

(2) the agency provides evidence sufficient to establish that

the request, notice, or other writing was deposited in the

interagency mail within that period.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 23, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 26, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 909, Sec. 1, 2, eff.

June 20, 2003.

SUBCHAPTER H. CIVIL ENFORCEMENT

Sec. 552.321. SUIT FOR WRIT OF MANDAMUS. (a) A requestor or

the attorney general may file suit for a writ of mandamus

compelling a governmental body to make information available for

public inspection if the governmental body refuses to request an

attorney general's decision as provided by Subchapter G or

refuses to supply public information or information that the

attorney general has determined is public information that is not

excepted from disclosure under Subchapter C.

(b) A suit filed by a requestor under this section must be filed

in a district court for the county in which the main offices of

the governmental body are located. A suit filed by the attorney

general under this section must be filed in a district court of

Travis County, except that a suit against a municipality with a

population of 100,000 or less must be filed in a district court

for the county in which the main offices of the municipality are

located.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 27, eff.

Sept. 1, 1999.

Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF. (a)

In this section:

(1) "Complainant" means a person who claims to be the victim of

a violation of this chapter.

(2) "State agency" means a board, commission, department,

office, or other agency that:

(A) is in the executive branch of state government;

(B) was created by the constitution or a statute of this state;

and

(b) An action for a declaratory judgment or injunctive relief

may be brought in accordance with this section against a

governmental body that violates this chapter.

governmental body other than a state agency is located or the

attorney general may bring the action in the name of the state

only in a district court for that county. If the governmental

body extends into more than one county, the action may be brought

only in the county in which the administrative offices of the

governmental body are located.

(d) If the governmental body is a state agency, the Travis

County district attorney or the attorney general may bring the

action in the name of the state only in a district court of

Travis County.

(e) A complainant may file a complaint alleging a violation of

this chapter. The complaint must be filed with the district or

county attorney of the county in which the governmental body is

located unless the governmental body is the district or county

attorney. If the governmental body extends into more than one

county, the complaint must be filed with the district or county

attorney of the county in which the administrative offices of the

governmental body are located. If the governmental body is a

state agency, the complaint may be filed with the Travis County

district attorney. If the governmental body is the district or

county attorney, the complaint must be filed with the attorney

general. To be valid, a complaint must:

(1) be in writing and signed by the complainant;

(2) state the name of the governmental body that allegedly

committed the violation, as accurately as can be done by the

complainant;

(3) state the time and place of the alleged commission of the

violation, as definitely as can be done by the complainant; and

(4) in general terms, describe the violation.

(f) A district or county attorney with whom the complaint is

filed shall indicate on the face of the written complaint the

date the complaint is filed.

(g) Before the 31st day after the date a complaint is filed

under Subsection (e), the district or county attorney shall:

(1) determine whether:

(A) the violation alleged in the complaint was committed; and

(B) an action will be brought against the governmental body

under this section; and

(2) notify the complainant in writing of those determinations.

(h) Notwithstanding Subsection (g)(1), if the district or county

attorney believes that that official has a conflict of interest

that would preclude that official from bringing an action under

this section against the governmental body complained of, before

the 31st day after the date the complaint was filed the county or

district attorney shall inform the complainant of that official's

belief and of the complainant's right to file the complaint with

the attorney general. If the district or county attorney

determines not to bring an action under this section, the

district or county attorney shall:

(1) include a statement of the basis for that determination; and

(2) return the complaint to the complainant.

(i) If the district or county attorney determines not to bring

an action under this section, the complainant is entitled to file

the complaint with the attorney general before the 31st day after

the date the complaint is returned to the complainant. On receipt

of the written complaint, the attorney general shall comply with

each requirement in Subsections (g) and (h) in the time required

by those subsections. If the attorney general decides to bring an

action under this section against a governmental body located

only in one county in response to the complaint, the attorney

general must comply with Subsection (c).

(j) An action may be brought under this section only if the

official proposing to bring the action notifies the governmental

body in writing of the official's determination that the alleged

violation was committed and the governmental body does not cure

the violation before the fourth day after the date the

governmental body receives the notice.

(k) An action authorized by this section is in addition to any

other civil, administrative, or criminal action provided by this

chapter or another law.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 28, eff. Sept. 1,

1999.

Sec. 552.322. DISCOVERY OF INFORMATION UNDER PROTECTIVE ORDER

PENDING FINAL DETERMINATION. In a suit filed under this chapter,

the court may order that the information at issue may be

discovered only under a protective order until a final

determination is made.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.323. ASSESSMENT OF COSTS OF LITIGATION AND REASONABLE

ATTORNEY FEES. (a) In an action brought under Section 552.321

or 552.3215, the court shall assess costs of litigation and

reasonable attorney fees incurred by a plaintiff who

substantially prevails, except that the court may not assess

those costs and fees against a governmental body if the court

finds that the governmental body acted in reasonable reliance on:

(1) a judgment or an order of a court applicable to the

governmental body;

(2) the published opinion of an appellate court; or

(3) a written decision of the attorney general, including a

decision issued under Subchapter G or an opinion issued under

Section 402.042.

(b) In an action brought under Section 552.324, the court may

assess costs of litigation and reasonable attorney's fees

incurred by a plaintiff or defendant who substantially prevails.

In exercising its discretion under this subsection, the court

shall consider whether the conduct of the governmental body had a

reasonable basis in law and whether the litigation was brought in

good faith.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 29, eff.

Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 9, eff. September 1, 2009.

Sec. 552.324. SUIT BY GOVERNMENTAL BODY. (a) The only suit a

governmental body may file seeking to withhold information from a

requestor is a suit that:

(1) is filed in a Travis County district court against the

attorney general in accordance with Section 552.325; and

(2) seeks declaratory relief from compliance with a decision by

the attorney general issued under Subchapter G.

(b) The governmental body must bring the suit not later than the

30th calendar day after the date the governmental body receives

the decision of the attorney general determining that the

requested information must be disclosed to the requestor. If the

governmental body does not bring suit within that period, the

governmental body shall comply with the decision of the attorney

general. If a governmental body wishes to preserve an

affirmative defense for its officer for public information as

provided in Section 552.353(b)(3), suit must be filed within the

deadline provided in Section 552.353(b)(3).

Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28,

1995; Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1319, Sec. 30, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 10, eff. September 1, 2009.

Sec. 552.325. PARTIES TO SUIT SEEKING TO WITHHOLD INFORMATION.

(a) A governmental body, officer for public information, or

other person or entity that files a suit seeking to withhold

information from a requestor may not file suit against the person

requesting the information. The requestor is entitled to

intervene in the suit.

(b) The governmental body, officer for public information, or

other person or entity that files the suit shall demonstrate to

the court that the governmental body, officer for public

information, or other person or entity made a timely good faith

effort to inform the requestor, by certified mail or by another

written method of notice that requires the return of a receipt,

of:

(1) the existence of the suit, including the subject matter and

cause number of the suit and the court in which the suit is

filed;

(2) the requestor's right to intervene in the suit or to choose

to not participate in the suit;

(3) the fact that the suit is against the attorney general in

Travis County district court; and

(4) the address and phone number of the office of the attorney

general.

that all or part of the information that is the subject of the

suit should be withheld, the attorney general shall notify the

requestor of that decision and, if the requestor has not

intervened in the suit, of the requestor's right to intervene to

contest the withholding. The attorney general shall notify the

requestor:

(1) in the manner required by the Texas Rules of Civil

Procedure, if the requestor has intervened in the suit; or

(2) by certified mail or by another written method of notice

that requires the return of a receipt, if the requestor has not

intervened in the suit.

(d) The court shall allow the requestor a reasonable period to

intervene after the attorney general attempts to give notice

under Subsection (c)(2).

Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28,

1995; Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept.

1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 11, eff. September 1, 2009.

Sec. 552.326. FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY

GENERAL. (a) Except as provided by Subsection (b), the only

exceptions to required disclosure within Subchapter C that a

governmental body may raise in a suit filed under this chapter

are exceptions that the governmental body properly raised before

the attorney general in connection with its request for a

decision regarding the matter under Subchapter G.

(b) Subsection (a) does not prohibit a governmental body from

raising an exception:

(1) based on a requirement of federal law; or

(2) involving the property or privacy interests of another

person.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 31, eff. Sept. 1,

1999.

Sec. 552.327. DISMISSAL OF SUIT DUE TO REQUESTOR'S WITHDRAWAL OR

ABANDONMENT OF REQUEST. A court may dismiss a suit challenging a

decision of the attorney general brought in accordance with this

chapter if:

(1) all parties to the suit agree to the dismissal; and

(2) the attorney general determines and represents to the court

that the requestor has voluntarily withdrawn the request for

information in writing or has abandoned the request.

Added by Acts 2007, 80th Leg., R.S., Ch.

474, Sec. 2, eff. September 1, 2007.

SUBCHAPTER I. CRIMINAL VIOLATIONS

Sec. 552.351. DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC

INFORMATION. (a) A person commits an offense if the person

wilfully destroys, mutilates, removes without permission as

provided by this chapter, or alters public information.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not less than $25 or more than $4,000;

(2) confinement in the county jail for not less than three days

or more than three months; or

(3) both the fine and confinement.

the public information was transferred under Section 441.204.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 771, Sec. 2, eff. June

13, 2001.

Sec. 552.352. DISTRIBUTION OR MISUSE OF CONFIDENTIAL

INFORMATION. (a) A person commits an offense if the person

distributes information considered confidential under the terms

of this chapter.

(a-1) An officer or employee of a governmental body who obtains

access to confidential information under Section 552.008 commits

an offense if the officer or employee knowingly:

(1) uses the confidential information for a purpose other than

the purpose for which the information was received or for a

purpose unrelated to the law that permitted the officer or

employee to obtain access to the information, including

solicitation of political contributions or solicitation of

clients;

(2) permits inspection of the confidential information by a

person who is not authorized to inspect the information; or

(3) discloses the confidential information to a person who is

not authorized to receive the information.

(a-2) For purposes of Subsection (a-1), a member of an advisory

committee to a governmental body who obtains access to

confidential information in that capacity is considered to be an

officer or employee of the governmental body.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than six months;

(3) both the fine and confinement.

misconduct.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 7.01, 7.02,

eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1089, Sec. 2, eff.

Sept. 1, 2003.

Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC

INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC

INFORMATION. (a) An officer for public information, or the

officer's agent, commits an offense if, with criminal negligence,

the officer or the officer's agent fails or refuses to give

access to, or to permit or provide copying of, public information

to a requestor as provided by this chapter.

(b) It is an affirmative defense to prosecution under Subsection

(a) that the officer for public information reasonably believed

that public access to the requested information was not required

and that:

(1) the officer acted in reasonable reliance on a court order or

a written interpretation of this chapter contained in an opinion

of a court of record or of the attorney general issued under

Subchapter G;

(2) the officer requested a decision from the attorney general

in accordance with Subchapter G, and the decision is pending; or

(3) not later than the 10th calendar day after the date of

receipt of a decision by the attorney general that the

information is public, the officer or the governmental body for

whom the defendant is the officer for public information filed a

petition for a declaratory judgment against the attorney general

in a Travis County district court seeking relief from compliance

with the decision of the attorney general, as provided by Section

552.324, and the cause is pending.

(a) that a person or entity has, not later than the 10th calendar

day after the date of receipt by a governmental body of a

decision by the attorney general that the information is public,

filed a cause of action seeking relief from compliance with the

decision of the attorney general, as provided by Section 552.325,

and the cause is pending.

(d) It is an affirmative defense to prosecution under Subsection

(a) that the defendant is the agent of an officer for public

information and that the agent reasonably relied on the written

instruction of the officer for public information not to disclose

the public information requested.

(e) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not more than $1,000;

(2) confinement in the county jail for not more than six months;

(3) both the fine and confinement.

(f) A violation under this section constitutes official

misconduct.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 12, eff. September 1, 2009.

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2009 Texas Code GOVERNMENT CODE TITLE 5. OPEN GOVERNMENT; ETHICS CHAPTER 552. PUBLIC INFORMATION

2009 Texas Code
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
CHAPTER 552. PUBLIC INFORMATION