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Local Government Seminar
January 29, 2015
The Public Information Act
Rights and Responsibilities
of a Governmental Body
Presented by:
Barry Gaines
The Public Information Act
• Located in Chapter 552 of the Texas Government Code
• The text of the PIA and the handbook created by the Attorney
General of Texas are available on the AG’s website
www.texasattorneygeneral.gov
• The PIA applies to every “governmental body” as defined in
the Government Code.
Basic Principles
• Information kept by a governmental body is
presumed to be public
• Public may have access to it or copies upon written
request
• Information is not public if a law provides that it is
confidential
• The body must ask the Attorney General before
withholding or releasing information it believes to
be confidential
Requests for Information
• Set up a system for tracking and monitoring PIA
requests, responses, and letter rulings
• Assign a work order number which is provided to
the requestor and individuals working on gathering
responsive information
• Many requests require assistance from multiple
divisions to locate responsive information
• Keep copies of information provided to requestors
and information provided to AG
Communication with Requestors
• Ask for proof from Requestor that he is authorized to receive the
information
• Cost estimates
– Notification and acceptance of cost estimate
– Deposit required before work can begin if estimate exceeds $100
• Provide a time estimate if request can’t be completed within 10 days
• Provide notification if information is redacted pursuant to statutory authority
Communication with Requestors
• Contact Requestor to clarify and/or narrow a request
• Ask Requestor for authorization to redact confidential information
from responsive documents
• Inform the Requestor that you will seek a ruling from the Attorney
General
• Provide the Requestor with the notification and brief sent to the
Attorney General
The Role of the Attorney General
• The Attorney General is responsible for maintaining
uniformity in the application, operation, and interpretation
of the PIA
• Open Government Hotline
(877) OPEN TEX (877-673-6839)
• Cost Hotline
(888) ORCOSTS (888-672-6787)
Requesting a Ruling from
the Attorney General
• You must identify the information, determine whether a
confidentiality law or other exception applies, and ask
for a ruling within 10 business days
• AG issued approximately 23,500 letter rulings in 2014
• Request for a ruling is mandatory unless you have a
previous determination
• Prior Attorney General letter rulings are not usually
“previous determinations” that can be relied on to
withhold information.
Previous Determinations: Two Types
• Type One (must meet all four criteria)
– The information at issue is precisely the same as information previously
submitted to the AG for a ruling.
– The governmental body that received the request is the same as the one
the previously requested the ruling.
– AG issued a ruling that the precise information either is or is not
excepted from disclosure.
– There has been no change in law, facts, or circumstances since the prior
ruling was issued.
Previous Determinations: Two Types
• Type Two (must meet all five criteria)
– Information at issue falls within a specific category of information on which the
AG previously rendered a decision.
– Decision is applicable to the governmental body who received the request.
– Decision concludes the specific category of information either is or is not
excepted from disclosure.
– Elements of law, facts and circumstances are met with respect to the previous
decision’s conclusion
– Decision explicitly provides that it may be relied on to withhold information
without seeking a new decision.
Exceptions to the Release
of Public Information
• Government Code Section
552.130 motor vehicle
records
• Government Code Section
552.108
law
enforcement
• Government Code Section
552.110 (Notice to the 3rd
party under 552.305)
Confidential Information
• Attorney/Client Privileged
Information
• Information Relating to
Litigation
• Agency Memoranda
(Deliberative Process)
Other Exceptions to
Release of Information
Public Information
• 552.022 Categories of Public Information (not excepted unless
confidential)
– Salary, title, and dates of employment
– Policy statement adopted or issued by agency
– Settlement agreement to which a GB is a party
• 552.0225 Investment Information
• Information made public by a statute
– 551.022 Minutes and Recordings of Open Meetings
Penalty for Failing to Provide
Public Information
• An officer for Public Information or his agent commits an offense that
constitutes official misconduct by failing or refusing to give access or
permit copying of public information as provided by the PIA
• Up to $1000 fine and/or up to 6 months in jail
Penalties for Disclosing
Confidential Information
Government Code (PIA)
• A person commits an offense that constitutes official misconduct by
distributing information considered confidential under the PIA
• Up to $1000 fine and/or up to 6 months in jail
Be aware of particular statutes that the GB you represent must comply
with because they often provide penalties as well.