What is the Texas Public Information Act?
The Texas Public Information Act, previously known as the Texas Open Records Act, was adopted in 1973 and provides the public a right of access to information collected, assembled, maintained, owned or controlled by a governmental body unless the information fits within one of the exceptions to disclosure. The Act is found in Chapter 552 of the Texas Government Code.
What is the definition of Public Information?
Public information is defined as information “collected, assembled, or maintained in connection with the transaction of official business.” If information exists in a recorded format when a request is received, the information is subject to disclosure. The Act does not require governmental bodies to disclose information that has not been recorded. Therefore, there is no obligation to create a record where one did not exist at the time of the request. Additionally, the Act does not require governmental bodies to answer questions or conduct research in order to respond to a public information request.
How does the Public Information Act work?
Any member of the public may request access to public information. The request must be in writing and must be addressed to the governmental body. All requests for public information for the University of North Texas, UNT Health Science Center, UNT Dallas and the UNT System Administration are handled by the UNT System Public Information Program in the Office of General Counsel. Requests for information must be sent to the designated email address (publicinformation@untsytsem.edu) or mailing address (1155 Union Circle #310907, Denton, TX 76203), or by hand delivery or submitting a request via the online form.
How long does it take to receive information?
Information must be provided within a reasonable time. The governmental body must inform the requestor if it will take more than 10 days to make the information available. How long it takes to make information available depends on how easily accessible the information is, whether the records contain confidential information that must be removed prior to making it available, whether the information has to be obtained from a computer, whether there is an ongoing catastrophe, and other factors (e.g. public health emergencies, weather events, UNT System closures, etc.).
When a catastrophe prevents a governmental body from receiving or processing public information requests within the time required by the Act, the body may notify the Office of the Attorney General and formally notify the public by posting a “catastrophe notice” on its webpage. The notice also will be available on the Attorney General’s webpage.
Is all information available to the public?
No, certain information held by UNT System components is confidential and cannot be released to the public.
A governmental body does not have to request a ruling in order to withhold information the Attorney General previously has determined is confidential or otherwise protected from disclosure. In addition, a request for ruling from the Office of the Attorney General Open Records Division is not required to withhold certain information, such as social security numbers, driver’s license and license plate numbers, private email addresses, private account numbers, military discharge records, W-2 and W-4 forms, student education records, credit card and debit card information, and the home addresses, telephone numbers and personal email addresses of employees who have elected to keep this information confidential.
Prior to withholding any other types of information, the UNT System Public Information Program must request permission to withhold the information from the requestor or from the Office of the Attorney General Open Records Division.
Examples of information that may be withheld as confidential and would require a request for ruling include the following examples: medical information, information related to competitive bidding, the price of appraisal of real property a governmental body has an interest in acquiring, trade secrets, and law enforcement records that are under investigation or prosecution. In addition, institutions of higher education may withhold internal audit working papers, tests and answer keys, the identity of private donors, information relating to technological and scientific research being conducted by faculty members, and the names and other personally identifiable information of individuals who report suspected wrongdoing and witnesses who participate in related investigations.
Is there a charge for obtaining information under the Public Information Act?
Charges may be applied but they are liberally waived when providing the information primarily benefits the general public. There is no charge for obtaining fewer than 50 pages of information and there is no charge for inspecting information, except when it is necessary for the governmental body to redact confidential information before making it available. When a fee is assessed, the Public Information Program will provide the requestor an itemized invoice showing the amount charged and the reason for the fees. If the estimated fee exceeds $40.00, the Public Information Program will inform the requestor and give the individual the opportunity to modify the request in order to decrease the charges.