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Texans have the right to request and receive nonconfidential government documents. Cartoon © John Trever. Texas Attorney General Abbott - Documents for TexansMarch 25, 2006
• 2006 Public Information Handbook 1,299 kb • 2006 Open Meeting Handbook 568 kb • 2002 Texas Open Records Laws Made Easy (The New Law is the Texas Public Information Act) 291 kb • 2002 The Texas Open Meetings Act Made Easy 268 kb • 2003 Public Information Law 201 kb • 2005 Open Meetings Law 85 kb • Timeline for Public Information Access 22 kb
The Texas Public Information Act gives Texans the right to view government documents unless they are confidential. The public information officer may not ask why you want them. Cartoon © J. D. Crowe. Attorney General Abbott on the public information actMarch 24, 2006
Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public. 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
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, the complaint must be filed with the Office of the Attorney General. Responsibilities of Governmental Bodies
Procedures to Obtain Information
A. Information to be released
Cost of Records
B. Information that may be withheld due to an exceptionBy the 10th business day after a governmental body receives your written request, a governmental body must:
Failure to request an Attorney General opinion and notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.
To request information from this governmental body, please contact:Karen Rabon By e-mail to: Karen.Rabon@oag.state.tx.us In person at: For complaints regarding failure to release public informationPlease contact your local County or District Attorney. Please ask and you will be provided with this information. You may also contact the Office of the Attorney General, Open Records Hotline, at 512-478-6736 or toll-free at 1-877-673-6839. For complaints regarding overchargesPlease contact the General Services Commission at 512-475-2497. If you need special accommodation pursuant to the Americans with Disabilities Act (ADA), please contact our ADA coordinator, Randy McNair at 512/463-2009. Information on this and other topics is available on the Attorney General's Web site at www.oag.state.tx.us. Attorney General - Public Information Texans have the right to know more about their government. Texans have the right to access nonconfidential government documents and attend public meetings. Texans also have the right to tape public meetings - both audio and video taping is allowed. Cartoon © John Cole. Texas Attorney General Abbott - Frequently asked questions on open recordsMarch 23, 2006
• Relating to the Public Information Act If this list of FAQs does not answer your question, we suggest you: 1. Review the What Requestors Should Know at including the Basic Process
and Deadlines Chart
2. Review the Public Information or Open Meetings Handbooks at 3. Call the Open Records Division Hotline at (512) 478-6736 or toll free at (877) 673-6839. What is the Public Information Act?The Public Information Act, formerly known as the Open Records Act, is located at chapter 552 of the Government Code. The Act provides a mechanism for citizens to inspect or copy government records. It also provides for instances in which governmental bodies wish to, or are required by law to, withhold government records from the public. What types of records are subject to the Public Information Act?Any information collected, assembled, or maintained by or for a governmental body is subject to the Public Information Act. The format (paper, electronic, microfilm, etc.) of the record does not affect its status as a public record. What is a "governmental body"?For purposes of the Public Information Act, a governmental body includes all governmental entities with the exception of the judiciary. In addition, some non-governmental entities that receive public funds are considered governmental bodies. How can I request records of the judiciary?Many court records are available for inspection or copying at the court clerk's office. However, records of the judiciary do not fall under the Public Information Act. To request records of the judiciary, the request must be in writing and must be addressed to the court's custodian of records. For more information about requesting and withholding records of the judiciary. How do I make a public information request?The request must be in writing and must be addressed to the governmental body. While the request does not need to be addressed to any particular person, it is a good practice to clearly label your correspondence as a "Public Information Request" or "Open Records Request." Requests sent via fax or email must be addressed to the public information officer or to the person designated by that officer to receive such requests. What should I say in my public information request?No "magic language" is required to trigger the Public Information Act. You should, however, make the request as clear and as specific as possible. This will enable the governmental body to identify exactly what information you are requesting. How long does the governmental body have to respond to my request for information?The Act provides that a governmental body must respond "promptly" to a request for information. If a governmental body is unable to produce the requested information within ten business days, the officer for public information must send you correspondence certifying that he is unable to do so and he must set a date and time when the records will be available to you. May a governmental body ask me why I want the records?No, a governmental body is forbidden from inquiring about the purpose for which the records will be used. However, if a request is unclear or very broad, the governmental body may ask the requestor to more clearly identify or narrow his or her request. Additionally, a governmental body may require additional identifying information to determine that the requestor is eligible to receive certain types of information. When may a governmental body refuse to release the information I request?If the information you request falls within one of the exceptions to disclosure found in the Public Information Act, the governmental body may refuse to release the information while it seeks an open records decision from the Attorney General. Unless the governmental body has a previous determination from a court or the Attorney General regarding the precise information requested, a governmental body cannot determine on its own to withhold information. What procedures must be followed if a governmental body wishes to withhold information?Within ten business days of receiving a written request, the governmental body must:
Within fifteen business days of receiving your request, the governmental body must:
Frequently Asked Questions What is the Open Meetings Act?The Open Meetings Act, codified at chapter 551 of the Government Code, provides that meetings of governmental bodies must be open to the public except for expressly authorized executive sessions. The Act also provides that the public must be given notice of the time, place, and subject matter of meetings of governmental bodies. See Text of Open Meetings Act at What is a quorum and what is its significance?The Open Meetings Act defines a "quorum" as a majority of the governing body unless otherwise defined by applicable law, rule, or charter. A quorum of a governmental body's members must be present in order for the governmental body to exercise the authority delegated to it. Under some circumstances, less than a quorum of a governmental body may be subject to the Open Meetings Act. See Esperanza Peace and Justice Center v. City of San Antonio, 316 F. Supp.2d 433 (W.D. Tex. 2001) ("walking quorum"). See Willmann v. City of San Antonio, 123 S.W.3d 469 (Tex. App.-San Antonio 2003, pet. denied) (subcommittee of city council). Who may attend an executive session?Only the members of a governmental body have a right to attend an executive session, except that the governmental body's attorney must be present when it meets under section 551.071. Thus, a commissioners court may exclude the county clerk from an executive sessions because the county clerk is not a member of the court. See Tex. Att'y Gen. Op. No. JM-6 (1983) at http://www.oag.state.tx.us/opinions/jm/JM0006.pdf A governmental body has discretion to include in an executive session officers and employees of the governmental body whose participation is necessary to the matter under consideration. Thus, a school board may require its superintendent of schools to attend all executive sessions of the board without violating the act. See Tex. Att'y Gen. Op. No. JC-0375 (2001) at http://www.oag.state.tx.us/opinions/jc/JC0375.pdf A commissioners court may include the county auditor in a meeting closed under section 551.071 to consult with its attorney if the court determines that (1) the auditor's interests are not adverse to the county's; (2) the auditor's presence is necessary for the court to communicate with its attorney; and (3) the county auditor's presence will not waive the attorney-client privilege. If the meeting is closed under an executive session provision other than section 551.071, the commissioners court may include the county auditor if the auditor's interests are not adverse to the county and his participation is necessary to the discussion. See Tex. Att'y Gen. Op. No. JC-0506 (2002) at 6 http://www.oag.state.tx.us/opinions/jc/JC0506.pdf See Tex. Att'y Gen. Op. No.
JM-238 (1984) Section 551.072 of the Government Code allows a governmental body to deliberate the purchase of real estate in an executive session if open deliberation will have a detrimental effect on its negotiating position with a third party. It is improper to allow a third party access to a governmental body's deliberations under 551.072, but the city manager could advise the city council in an executive session of his negotiations with a third party. See Finlan v. City of Dallas, 888 F.Supp. 779 (N.D. Tex. 1995). The attorney-client privilege permits the six members of a school board who have been sued by another board member to exclude the plaintiff board member from their executive session meetings held to consult with the board's attorney about this lawsuit. See Tex. Att'y Gen. Op. No. JM-1004 (1989) Do public officers and employees have the right to require the governmental body to conduct deliberations about them in executive session when the governmental body is conducting such a discussion in an open meeting?No. Although an employee who is the subject of personnel deliberations under section 551.074 has a right to an open hearing, he has no right to insist upon a closed hearing. See Tex. Att'y Gen. Op. No. JM-1191 (1990) May a governmental body, with its attorney, meet in executive session under 551.071 with an opposing party to discuss certain legal issues in an effort to avoid litigation?No. Section 551.071 does not permit an executive session held to discuss potential litigation with the opposing party. See Tex Att'y Gen. Op. No. JM-238 (1984) See Tex. Att'y Gen. Op. No.
MW-417 (1981) May a governmental body convene into executive session to discuss the appointment of individuals to an advisory committee?No. A governmental body may not meet in executive session to discuss the appointment of members to an advisory committee because members of an advisory committee are not public officers. See Tex. Att'y Gen. Op. No. DM-149 (1992) See also Tex. Att'y Gen. Op. No. LO-94-63 But see Gov't Code § 551.0745 (executive session for county commissioners court to appoint members of advisory body). May a governmental body meet in executive session to discuss information that is exempt from disclosure under one of the exceptions of the Public Information Act or that is confidential by law?Closed meetings, other than those authorized by certain provisions in the Open Meetings Act permitting a closed session, may be held only where specifically authorized by law. The exceptions from disclosure in the Public Information Act do not create implied exceptions to the Open Meetings Act. See Finlan v. City of Dallas, 888 F.Supp. 779, 782 (N.D. Tex. 1995). See Tex. Att'y Gen. Op. Nos. GA-0019 (2003) DM-284 (1994) at 16 JM-595 (1986) MW-578 (1982) How detailed should a certified agenda be?The "certified agenda" of an executive session must contain at least a brief summary of every specific subject actually discussed, not just those originally intended for discussion. It need not contain a detailed summary or paraphrase of each question or idea presented on the general subject of the executive session. Enough detail should be included to enable a district judge to determine whether the Act has been violated. See Tex. Att'y Gen. Op. No. JM-840 at 7 (1988) If a governmental body is unable to discuss all items posted on their notice (agenda) due to time constraints, may it recess the meeting until the next day without having to post another notice?A meeting may be continued to the following day without posting a new notice. If a meeting is continued to any day other than the one immediately following, the governmental body must post a new notice. See Rivera v. City of Laredo, 948 S.W.2d 787 (Tex. App. --San Antonio 1997, writ denied). See Tex. Att'y Gen. Op. JC-0308 (1998) Tex. Att'y Gen. Op. JC-0285 (2000) Tex. Att'y Gen. Op. H-1000 (1977) May a member of a governmental body make statements to members of the press regarding subjects that were discussed in an executive session?The Open Meetings Act does not prohibit members of a governmental body or other persons in attendance at an executive session from making public statements about the subject matter of that session. However, there may be privacy laws or policy concerns which may prevent such persons from divulging the deliberations of a closed session. See Tex. Att'y Gen. Op. No. JM-1071 (1989) May a member of a governmental body vote by proxy?No. A common law rule prevents a member of a governmental body from submitting a written vote without attending the meeting of the body. See Tex. Att'y Gen. Op. No. LO94-28 (1994) Is a governmental body required to let citizens speak at their meetings?No. The purpose of the Open Meetings Act is to ensure the public's access to meetings of governmental bodies so that they have the opportunity to be informed concerning the transactions of public business. It does not provide a public forum for every citizen wishing to express an opinion on a matter. However, if the governmental body decides to allow citizens to speak up, it must not unfairly discriminate, but may establish reasonable restraints on the number, length, and frequency of presentations. See Tex. Att'y Gen. Op. No. H-188 (1973) See also Charlestown Homeowner's Ass'n v. La Coke, 507 S.W.2d 876, 883 (Tex. App.--Dallas 1994, writ ref'd n.r.e.). See also Tex. Att'y Gen. Op. No. JC-0169 (2000) (notice for public comment
sessions) Who enforces the criminal provisions of the act?District courts have jurisdiction over criminal violations of the Act as misdemeanors involving official misconduct. Thus, complaints should be presented to the district attorney or criminal district attorney. The Office of the Attorney General has no independent enforcement authority, but local prosecutors may request assistance from the Attorney General in prosecuting criminal cases, including those arising under the Open Meetings Act. See Tovar v. State, 978 S.W.2d 584 (Tex. Crim. App. 1998). What kind of notice of meetings does the Open Meetings Act require?There are many questions about the adequacy of notice and no short answer to them. These questions need to be addressed individually in the context of the relevant facts, so we usually cannot do more than state the test for adequacy of notice and possibly mention some of the cases that have applied the test. See 2004 Open Meetings Act Handbook at 16-19 Section 551.041 of the Government Code provides that "[a] governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body." Most of the questions about notice concern the adequacy of the subject. The notice must identify the subjects of all deliberations, including those that may take place in executive session. The notice must be sufficient to inform the general public of the subjects to be considered, and if a subject is of particular interest to the community, more specificity may be required. Many governmental bodies post the agenda of the meeting with the notice or as the notice, so many people use the terms "notice" and "agenda" interchangeably to refer to the posted document. Information on this and other topics is available on the Attorney General's Web site at www.oag.state.tx.us. Attorney General - Frequently Asked Questions Sunshine week is all about the public's right to know. Training is necessary to ensure that all elected and appointed government officials understand the open records and open meetings laws so they can share information with the public more effectively. This Sunshine Week Cartoon © Gary Varvel. Attorney General Abbott praises local and state officials as they learn more about government in the SunshineResponse from officials taking open government training called impressive From the Office of Greg Abbott, Attorney General of Texas March 22, 2006
“I am pleased that public servants across the spectrum in Texas have taken the spirit of open government to heart and enrolled in essential open government training through my Open Records Division,” said Attorney General Abbott. "The City of Colleyville in North Texas is a prime example of this spirit. I applaud its public officials for engaging in a comprehensive forum on open government and showing our training videos recently with legislators, locally elected officials, news media, our open records staff and, of course, the citizens whom they serve. That’s the way democracy is supposed to work.” The Attorney General’s Office has, to date, issued approximately 5,000 certificates documenting that individuals in government have successfully completed either the open records or open meetings components of the training, or both. The office has also shipped about 2,000 DVDs to requestors wishing to take the training. The training of government officials established by the new law is a counterpunch to the explosion of requests the Attorney General has received over several years for open records rulings. In 2005, the Attorney General received approximately 12,000 requests for rulings, an almost 50 percent increase since 2003. The Attorney General’s Open Government Hotline at 1-877-OPEN-TEX fields more than 10,000 calls per year from citizens wishing to file complaints or seeking general information about how the law works. “We have all the pieces in place now to keep Texas in the forefront among ‘sunshine’ states, and our goal is to drive these requests for ruling drastically downward,” Attorney General Abbott concluded. “Public officials no longer have any excuse for claiming ignorance of the law. Instead, we are seeing the dawning of the day when government officials and their agencies are models of democracy in action.” Attorney General Praises Local Government
Sunshine week is all about the public's right to know. Government officials are receiving training about the open records and open meetings laws so they can share information with the public more effectively. This Sunshine Week Cartoon © Dana Summers. New law shines more light on Texas governmentThe role of public officials is not to be protectors of public information but active participants in sharing information with the public From the Office of Greg Abbott, Attorney General of Texas March 21, 2006
A new Texas law will help achieve that goal. Effective Jan. 1, 2006, all public officials subject to Texas open government laws must complete open government training. The new law tasks the Attorney General's office with establishing the formal training necessary to ensure that all elected and appointed government officials understand open records and open meetings laws. The new mandatory training law, which I have long supported, grew out of a desire to clear up confusion and provide “no excuses” for government not to comply with open government laws. My office is responsible for ruling on open records requests from governmental bodies seeking guidance about disclosure of records to the public. Over the past few years, we have seen incredible growth in the number of those requests. Last year alone, we received 11,300 such requests – an almost 40 percent increase in the last two years. We issue an average of about 45 open records rulings per day and answer more than 10,000 calls per year on our Open Government Hotline. Through our investigations and enforcement, we have found there are several reasons why officials don't comply with open government laws. Some simply try to hide information because they don't want to follow the law. Then there are foot-draggers, who want to impede access to information by building barriers and making it difficult to get information. Most often, however, violations of open government laws occur because public officials simply don't know what the law requires. By educating officials about their duty to provide information to the citizens they represent and to conduct lawful open meetings that are accessible to the public, my office can help ensure the law is followed. My office has produced two hour-long videos – one for the Public Information Act (which governs open records laws), the other for the Open Meetings Act – to teach public officials what those laws require. The free training videos can be viewed on our web site at www.oag.state.tx.us. For those without Internet access, a free DVD or VHS cassette of the videos can be requested by calling my office at (800) 252-8011. You can also visit our web site to apply for the Attorney General's approval of an open government training course, to fill out an open government course completion certificate, and to find answers to many other frequently asked questions. Officials who were in office before Jan. 1, 2006, have until Jan. 1, 2007, to complete the required training. Officials who are elected or appointed after Jan. 1, 2006, have 90 days after taking office within which to complete the required training. I expect this law to reduce violations, increase compliance and speed up response times to open records requests. This, in turn, should decrease the money spent on enforcement and reduce the costs incurred on lawsuits to defend open government claims. As I said earlier, no longer do public officials have any excuse for not following the state's open government laws. This training will teach public officials what the law requires and that there will be consequences for not following it. I'm proud to say I have already completed the new open government training. As stewards of the public trust, we government officials have a duty to be as transparent as possible in the way the public's business is conducted. Making this kind of training available will help prevent inadvertent compliance problems and ensure our government remains open in the interest of all Texans. Attorney General Provides Open Sunshine week is all about the public's right to know what is happening in government at the city, county and state level, including area school districts. This Sunshine Week Cartoon © Ted Rall at www.rall.com Sunshine Week will be celebrated this week at League City Area News OnlineMarch 20, 2006 Sunshine week is all about helping the public gain better access to public information and the meetings of governmental bodies. Articles on sunshine in government will be featured this week. |
More In BriefDonations for Hurricane Katrina ReliefSalvation Army To donate by phone, please call 1-800-SAL-ARMY (725-2769) Red Cross Go to http://www.redcross.org/
![]() Picture of new CCISD logo and motto from CCISD. CCISD: 2004-2005 Budget ApprovedThe CCISD School Board approved a budget for the 2004-2005 school year at its regular meeting on Tuesday, August 24. Total spending for the 2004-2005 school year is projected to be almost $196.5 million. The board approved a total tax rate of $1.745. This breaks down to $1.50 for Maintenance and Operations and $0.245 for debt service. Link to Presentation of 2004-2005 CCISD Budget at the August 24 Board Meeting by Chief Financial Officer Paul McLarty.
Saturday, May 13, 2006 6 p.m. 7:30 p.m. 8:30 p.m. 9:15 p.m. Bayou Casual Tables $5,000 to $1,000 For more information, please call Click here for Bayou Boil Reservation Form
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