The state of Texas passed a Public Information Act in 1973 as a series of laws serving to ensure public access to government information. The act is in the Texas Government Code, Chapter 552. It gives Texans the right to access government records without being subject to questions about why they are accessing them. After the act went into effect, all government information became available to the public.
Understanding the Public Information Act
The attorney general of Texas, Ken Paxton, believes it is important to provide Texans with an opportunity to hold public officials accountable for their actions. In Paxton’s Public Information Handbook 2016, he states that the Texas Public Information Act sets a standard for the state government to be open and accessible to citizens to create an environment of trust and understanding. It is important for the Texas state government to provide Texans with transparency when it comes to actions taken by governmental bodies.
The Public Information Act applies to every governmental body – a board, commission, committee, institution, agency, department, or office within the executive or legislative branches of the state government. Other entities whose information is accessible include county boards of education and school boards of trustees. The act also includes private entities supported by public funds and private entities the statute deems “governmental bodies.”
Property owners are also subject to the act in the same capacity as a governmental body, if they are classified as owners of private property of an area in or adjacent to a county with a population of at least 2.8 million. Property owners are also included if membership into the property owners’ association is mandatory or if the association has the power to make special assessments for property improvements. Harris County is the only county in Texas with a population of more than 2.8 million. The act considers property owners in surrounding counties governmental bodies.
How Do I Gain Access to Public Information?
If you’re interested in reviewing or making copies of information in public records, you have to submit an official request according to your county’s procedures. You can submit your request in person, via email, or by regular mail. Include detailed information about what record(s) you want to access so the government can locate the correct information on your behalf. When the government releases a public record to you, you can review it and pick up copies if desired.
What Are My Rights as a Texas Citizen?
As a resident of Texas, you have the right to request any type of government information. As a requestor of information, you have the right to prompt access to information. You have no right to protected or confidential information, but all other information is at your disposal. The government must release types of information without exception, such as a public official’s voter records.
When you obtain access to the information you need, you can decide if you’d like to inspect it and/or have copies made. The government is under legal obligation to inform you about open records law and rules regarding the inspection and copying of public records. If, for some reason, the information you request cannot appear immediately, a governmental body will provide you with a reasonable time and date when it will become available.
According to the Texas Public Information Act, you have access to any recorded information in any medium. The act does not even necessarily exclude personal notes and emails from its definition of public information. An amendment made in 2013 explains that electronic communication, regardless of device, is included if the communication is connected with official business.
This amendment now brings public record into the realm of mobile phones, personal devices, and electronic devices used by public employees and officials – whether it’s a personal or work-issued device. The Texas Public Information Act allows Texans access to a wealth of information about governmental entities. Texans should take full advantage of this opportunity by learning as much as they can about potential political candidates and governmental bodies.
