TSU Office of General Counsel

Open Records

Texas Government Code, Chapter 552, gives you the right to access government records. All government information is presumed to be available to the public; an officer for public information and the officer’s agent may not ask why you want the information. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought.

• Rights of Requestors
• Responsibilities of Governmental Bodies
• Procedures to Obtain Information
• Information That May Be Released
• Information That Must Be Withheld Due To An Exception
• Cost of Records

Rights of Requestors

You have the right to:

• Prompt access to information that is not confidential or otherwise protected;

• Receive treatment equal to all other requestors, including accommodations in accordance with the Americans with Disabilities Act (ADA);

• Receive certain kinds of information without exceptions, like the voting record of public officials;

• When the cost of the documents will exceed $40, a written statement of estimated charges in advance of work being started and opportunity to modify the request in response to the itemized statement;

• Choose whether to inspect the requested information (most often at no charge), receive copies of the information or both;

• A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;

• Receive a copy of the communication from the governmental body asking the Texas Attorney General’s Office for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication discloses the requested information, a redacted copy; and

• Lodge a written complaint about overcharges for public information with the General Services Commission. Complaints of other possible violations may be filed with the county or district attorney of the county where the governmental body, other than a state agency, is located. If the complaint is against the county or district attorney, it must be filed with the Texas Attorney General’s Office.

Responsibilities of Governmental Bodies

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

• Establish reasonable procedures for inspecting or copying public information and inform requestors of these procedures;

• Treat all requestors uniformly and give the requestor all reasonable comfort and facility, including accommodations in accordance with the ADA;

• Be informed about open records laws and educate employees on the requirements of those laws;

• Inform requestors of the estimated charges greater than $40 and any changes in the estimates above 20 percent of the original estimate, and confirm in writing that the requestor accepts the charges or has amended the request before finalizing the request;

• Inform the requestor if the information cannot be provided promptly and set a date and time to provide it within a reasonable time;

• Request a ruling from the Texas Attorney General’s Office regarding any information the governmental body wishes to withhold, and send a copy of the request for ruling, or a redacted copy, to the requestor;

• Segregate public information from information that may be withheld and provide that public information promptly;

• Make a good faith attempt to inform third parties when their proprietary information is being requested from the governmental body;

• Respond in writing to all written communications from the General Services Commission regarding charges for the information; and

• Respond to the Texas Attorney General’s Office if a complaint about violations of the Act is filed against the governmental body.

Procedures to Obtain Information

• Submit a written request by mail, fax, email or in person according to a governmental body's reasonable procedures.

• Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the information requested.

• Cooperate with the governmental body's reasonable efforts to clarify the type or amount of information requested.

Information That May Be Released

• You may review the information promptly. If the information cannot be produced within ten (10) working days, the public information officer will notify you in writing of the reasonable date and time when it will be available.

• Keep all appointments to inspect records and to pick up copies. Failure to keep appointments may result in losing the opportunity to inspect the information at the time requested.

Information that must be withheld due to an exception

• If the governmental body is claiming an exception to disclosure, by the tenth business day after the governmental body receives your written request, the governmental body must:

  • Request an Attorney General’s Opinion stating which exceptions apply;

  • Notify the requestor of the referral to the Attorney General; and

  • Notify third parties if the request involves their proprietary information.

• Failure to request an Attorney General’s Opinion and notify the requestor within ten business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.

• Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body. If the arguments disclose the requested information, the requestor may obtain a redacted copy.

• The Texas Attorney General’s Office must issue a decision no later than the 45th working day from the day the it received the request. The Attorney General may request an additional ten working days.

• Governmental bodies may not ask the Attorney General to "reconsider" an opinion.

Cost of records

• You must respond to any written estimate of charges within ten days of the date the governmental body sent it or the request is considered automatically withdrawn.

• If estimated costs exceed $100.00 (or $50.00 if a governmental body has fewer than 16 full time employees) the governmental body may require a bond, prepayment or deposit. You may ask the governmental body to determine whether providing the information primarily benefits the general public, resulting in a waiver or reduction of charges.

• Make a timely payment for all mutually agreed charges. A governmental body can demand payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests

To request public information from Texas Southern University, submit your request in writing to:

Office of General Counsel

Texas Southern University

By mail: 3100 Cleburne, Houston, Texas 77004

By fax: (713)313-1906

In person: Hannah Hall, Suite 310

For complaints about failure to release public information, contact your local County or District Attorney

• You can also contact the Office of the Attorney General Open Records Hotline at (512)478-6736 or toll free at(877)673-6839

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

• For more information on Open Government, see the Texas Attorney General's website at http://www.oag.state.tx.us/opinopen/opengovt.shtml