Texas Public Information Act (Open Records Requests) (2023)

FAQs

What are the open records request rules in Texas? ›

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.

Some information is not open to the public. These types of information are listed as exceptions in the Texas Public Information Act. They include some information in personnel records, pending litigation, competitive bids, trade secrets, real estate deals and certain legal matters involving attorney-client privilege.

If a governmental body fails to respond to your request for information or request an attorney general ruling within ten business days, you may file an informal written complaint with the Open Records Division of the Office of the Attorney General.

Submit a written request using our Public Information Request Form or a self-composed request in any legible format by: Emailing to openrecs@tceq.texas.gov. Faxing to 512-239-OPEN (6736). Austin, Texas 78753.

Texas is considered a "one-party consent" state. This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties have a "reasonable expectation of privacy."

Written requests may also be mailed or delivered in person to our offices at 125 E. 11th St., Austin, TX 78701, or to the addresses listed on the district and division contact pages. Email requests will be accepted only through TxDOT_ORR@txdot.gov.

This law gives you the right to inspect or copy government records. It applies to all Texas governmental bodies, and covers information collected, assembled, produced, or maintained in connection with transacting public business. Private businesses and individuals are not covered under the Act.

The “necessary use” exception applies when (1) the invitee, despite his awareness of the risk, must use an unreasonably dangerous premises condition, and (2) the premises owner should have anticipated that the invitee was unable to avoid the unreasonable risks associated with the condition.

Imminent danger to self or others, in which case staff contact medical and/or police personnel. Suspicion of abuse of children, the elderly, or persons with a disability, in which case staff contact the Texas Department of Family Services.

(a) Time for response. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories , except that a defendant served with interrogatories before the defendant's answer is due need not respond until 50 days after service of the interrogatories .

How long do you have to answer a petition in Texas? ›

You have a limited time to file your Answer.

In most cases, counting from the day you were served, you have 20 days plus until the following Monday, at 10 a.m. to file your Answer. Count all the calendar days including weekends and holidays. However, in some kind of cases, the Answer deadline is shorter than 20 days.

What is the deadline to file an answer in a family law case? If you have been served with a citation and petition, there is a 20-day deadline to file your answer. To determine the deadline, find the day you were served on a calendar, count out 20 more days (including weekends and holidays) then go to the next Monday.

Some records are available for free while others require a fee payment, typically to offset the cost of physical copy production and administration. A public record is any information “assembled, produced, collected, or maintained as part of conducting Texas government business.”

With limited exceptions, the governmental body can't charge for copying costs or overhead when records are inspected in person. Tex. Gov't Code §§ 552.271; 552.272.

Obtaining Court Records

Some counties have online search options for court records from the county, district, or probate courts. Some municipalities offer online access to court records for cases heard in municipal courts. Visit your county's or city's website to see if they offer online access.

In California, it is a misdemeanor to record a conversation without the consent of all parties to the conversation, which can lead to fines of up to $2,500 and/or imprisonment for up to a year.

For the most part, your neighbor is legally allowed to have security cameras installed on their property, even if those cameras are aimed at your property. However, your neighbor does not have the right to record you or anyone else without consent in areas with reasonable expectation of privacy.

Illegal Recording Under the Wiretap Act

Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)

(2) The inventory shall be maintained in a written, typewritten, or printed form. An inventory taken by use of an oral recording device must be promptly transcribed. (3) The inventory shall be kept in the pharmacy and shall be available for inspection for two years.

Are 911 calls public record Texas? ›

Yes, 911 calls are public records. However, state law determines what the information Public Safety Answering Point (PSAP) may share with the public. Consequently, if you want to see the name, number, address, or personal information of the person who made a 911 call, you may need a court order.

Examples of public records include: Birth records. Marriage records. Trial transcripts.

Section 552.131 - Exception: Confidentiality of Certain Economic Development Information (a) Information is excepted from the requirements of Section 552.021 if the information relates to economic development negotiations involving a governmental body and a business prospect that the governmental body seeks to have ...

Judicial records are open to the public unless exempt from disclosure, and where a respondent does not raise exemptions and the special committee cannot conclude any apply the records must be released.

There are three types of exception—the checked exception, the error and the runtime exception.

Exception handling is the process of responding to unwanted or unexpected events when a computer program runs. Exception handling deals with these events to avoid the program or system crashing, and without this process, exceptions would disrupt the normal operation of a program.

Exceptions that require mandatory handling are called checked exceptions. The compiler will check that such exceptions are handled by the program. Suppose that some statement in the body of a subroutine can generate a checked exception, one that requires mandatory handling.

Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.

An adult brother or sister of the minor. An adult aunt or uncle of the minor. An educational institution in which the child is enrolled that has received written authorization to consent from a person having the right to consent.

Here's some breach of confidentiality examples you could find yourself facing: Saving sensitive information on an unsecure computer that leaves the data accessible to others. Sharing employees' personal data, like payroll details, bank details, home addresses and medical records.

What is the Texas Rule 92? ›

P. 92. A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.

A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.

Requests for inspection or entry let you examine physical evidence like documents, emails, and property from the other side. These requests must be specific and relevant to your case (Rule 196.1(b)). Discovery requests must be specific. The request must identify the particular evidence you are looking for.

TEXAS RULE OF CIVIL PROCEDURE 202 provides for the taking of depositions prior to the filing of suit. Rule 202 specifies two scenarios where pre-suit depositions are proper: (1) to preserve witness testimony for an anticipated suit; or (2) to investigate a potential suit.

The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories, except that a defendant served with interrogatories before the defendant's answer is due need not respond until 50 days after service of the interrogatories.

Not later than 30 days following the filing of the petition, except for good cause shown of record. Not later than 15 days following the adjudicatory hearing. The court may grant additional time in exceptional cases that require more complex evaluation.

Rule 165a - Dismissal for Want of Prosecution 1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice.

Rule 297. TIME TO FILE FINDINGS OF FACT & CONCLUSIONS OF LAWS

The court shall file its findings of fact and conclusions of law within twenty days after a timely request is filed. The court shall cause a copy of its findings and conclusions to be made to each party in the suit.

Rule 190.4. Discovery Control Plan - By Order (Level 3) (1999) (a) Application. The court must, on a party's motion, and may, on its own initiative, order that discovery be conducted in accordance with a discovery control plan tailored to the circumstances of the specific suit.

At its core, the Texas Open Meetings Act simply requires government entities to keep public business, well, open to the public.

What is the Texas Open Records Act sometimes also called? ›

This federal law is often called “FERPA.” Texas Government Code 552.026 and Texas Government Code 552.114. Personnel Records.

Judicial records are open to the public unless exempt from disclosure, and where a respondent does not raise exemptions and the special committee cannot conclude any apply the records must be released.

Texas Government Code section 551.005 imposes a mandatory educational requirement on members of a governmental body subject to the Open Meetings Act.

Section 551.074 - Personnel Matters; Closed Meeting (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an ...

A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.

Open Records Acts or Freedom of Information Acts

(FOIA) are laws that give you the right to access public documents, which means anything in possession of a public agency.

Some counties have online search options for court records from the county, district, or probate courts. Some municipalities offer online access to court records for cases heard in municipal courts. Visit your county's or city's website to see if they offer online access.

The open courts provision of the Texas Constitution provides that: All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

How can I get my court records online for free in Texas? ›