Texas Open Records Act Request Must Be Specific and In Writing

Under the Texas Open Records Requests Act, a person or entity can request for public information from a governmental agency regarding any public information not subject to exemption from open records. When requesting public information from any governmental agency, a request must be made in writing. Generally a letter will suffice. E-mails are also considered written requests. The requestor is entitled to receive the following:

Rights of Requestors: (You have the right to receive:)

(A) Prompt access to information that is not confidential or otherwise protected;
(B) Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements;
(C) Receive certain kinds of information without exceptions, like the voting record of public officials, and other information;
(D) Receive a written itemized statement of estimated charges, when charges will exceed $40, in advance of work being started and opportunity to modify the request in response to the itemized statement;
(E) Choose whether to inspect the requested information (most often at no charge), receive copies of the information, or both;
(F) A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;
(G) Receive a copy of the communication from the governmental body asking the Attorney General 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;
(H) Lodge a written complaint about overcharges for public information with the Attorney General. 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 Attorney General.

For the full scope of the Texas Open Records Act, please see the Texas Attorney General's webpage at: http://www.oag.state.tx.us/open/pia/pia.shtml

In some instances however, some information may not be subject to open records. Each state agency has certain exemptions. For example, when requesting claimant information from the former Texas Worker's Compensation Commission now combined with the Texas Department of Insurance, a requestor requesting claimant information must make the request specific as to the claimant and the information sought.

See Texas Attorney General Letter Ruling - click here:
Open%20Records%20Request%20Ruling%20-%20TWCC.pdf
In the letter ruling, the Texas Attorney General opined that to the extent that the submitted information consists of claim file information that implicitly or explicitly identifies claimants, such information must be withheld under section 552.101 of the Government Code in conjunction with section 402.083 of the Labor Code.

In summary when requesting public information:
1. Make the request in writing;
2. Address the request to the relevant Open Records Officer for the state or governmental agency;
3. Keep your request specific;
4. Ask for the approximate costs of duplication or copies before you receive the requested information;
5. The agency has 10 days to provide your with the non-exempt public information; otherwise you a right to file a complaint with the Texas Attorney General and pursue litigation in state district court.