Texas Open Records Act

The Texas Open Records Act requires that records of the executive and legislative branches of state and local governments and in Texas be open and accessible to the public unless the records are one of the 26 types exempted from the statute. The judicial branch is not subject to the law and grand jury records are specifically exempted.

Some non-governmental agencies; records are covered under the statute if these agencies are supported by public funds or if they are responsible for the expenditures of public funds. Other entities subject to the law are a governmental body holding records for another and private entities holding records for government bodies.

There are currently 26 exceptions to the Texas Open Records law that allows government agencies to withhold records and information from the public. The following are broad descriptions of these exceptions.

• Information made confidential by law

• Certain information in personnel files

• Information relating to litigation

• Information relating to competition or bidding on a government project or contract award

• Information relating to location or value of property to be used for future public purposes before public announcement of the project or formal awarding of contracts

• Certain legislative documents such as legislative drafts

• Certain legal matters such as attorney/client privileged information

• Certain law enforcement records

• Certain private communications of elected officials

• Certain commercial information (i.e.: trade secrets)

• Inter- or intra-agency memos

• Certain information relating to the regulation of financial institutions or securities

• Geological or geophysical data

• Student records

• Birth and death records

• Audit working papers

• Certain directory information of government employees and officials

• Medical prescription records

• Photographs of police officers when it could endanger their lives

• Rare books and original manuscripts

• Documents held for historical research such as interviews and personal papers of donors

• Curriculum objectives and test items developed by educational institutions that are funded either wholly or partially by government funds

• Names of applicants for chief executive officer of higher educational institutions

• Library records

• Certain audits

• Names of applicants for Superintendent of a public school district

Requests for public records

Requests for public records and information should be submitted in writing. Once a government agency has received the request, it has 10 days to either comply with the request and release the records or seek an opinion from the attorney general. If the request is denied, the government agency must inform the individual making the request of the exception under the Texas Open Records Act it is basing the denial. If the attorney general should render the opinion that the records in question are a matter of public information, the government agency is bound to release the information. However, the government agency may challenge the attorney general's opinion in district court.

Rights of the individual and the government agency

Under the Texas Open Records law, everyone -- students, scholars, journalists -- has the right to access public records. A person does not have to reside in a particular community to be able to request records or information of that community that are matters of public record. Under the law, the public information officer or the government agency relinquishing the records does not have the right to ask the individual requesting the records of his or her intent or purpose.

The government agency is not required to allow the person requesting the records to view them outside of its offices. However, the government agency must provide a place in which the individual can examine and review the records. An individual is allotted 10 days to review and examine records once they are made available. However, within the 10-day period, the individual may request a 10-day extension in writing and in that time also may request a second 10-day extension by submitting another written request.

The government agency has the right to charge a reasonable fee for the retrieval of the records and any duplicates of the records. If the retrieval and duplication work is costly for the government agency, it may require the individual requesting the records to pay a deposit. However, the 1989 legislature added a provision that requires government agencies to furnish copies at a reduced or no charge if the agency determines that a waiver or reduction of the fee is in the general public's interest.

Source: Texas Freedom of Information Handbook, Third Edition; The 1998 Open Records Act Handbook; and The 1995 Open Meetings Act Handbook.