Open Records/Public Information
“…it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.”
- Texas Gov’t Code, § 552.001
An open records request is a request for public information contained in the files or records of a Texas governmental agency such as Texas A&M University-Kingsville.
FOR REQUESTORS
What is the Texas Public Information Act?
The Texas Public Information Act, formerly known as the Texas Open Records Act, is located in the Texas Government Code, Chapter 552. The Act provides a mechanism for citizens to inspect or receive copies of 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 Texas Public Information Act?
Any information collected, assembled, or maintained by or for a governmental body is generally subject to the Texas Public Information Act. The format (paper, electronic, microfilm, etc.) of the record does not affect its status as a public record. The location in which the information is retained also does not affect its status as public information (employee’s home computer, personal phone, USB drive, etc.) The governmental body does not, however, have to create or manipulate documents to respond to requests, nor must it answer questions.
How do I make a public information request?
Open Records/Public Information requests to TAMUK must be in writing and may be submitted via one of the following designated methods provided below. The university is not required to respond to public information requests received at another address or method. Another university department’s receipt of a request will not be sufficient to initiate the university’s required response. Departments receiving a request should not forward the request to the public information officer, but rather return it to the requestor with a notification about how to send it to the proper office.
Designated Open Records Portal:
Designated Mailing Address:
Office of Compliance
700 University Boulevard, MSC 221
Kingsville, Texas 78363
Designated in Person Delivery Location:
Office of Compliance
Lewis Hall, Room 130
Designated Email Address:
Exceptions to Disclosure
Under the Public Information Act, exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions that allow but do not require a governmental body to withhold information.
What should I say in my public information request?
Your request should be as specific as possible to enable us to identify exactly what information you are requesting. Providing date ranges, individuals involved (if seeking emails), university offices you believe to be connected to the information, etc. are all helpful to our office in attempting to promptly respond. The university may respond with a clarifying request if we are unable to locate the records based on the initial request. If you do not know specifically what documents you are looking for, a request that states “I request records that demonstrate [insert information here]…..” is better than asking a question. You must provide a method of written contact—email or mailing address.
What is the cost of copies of public information?
Who is the Public Information Officer at Texas A&M University-Kingsville?
Joe T. Henderson
Chief Compliance Officer
Texas A&M University-Kingsville
Phone: (361) 593-4758
How long does the university have to respond to my request for information?
The Act provides that a governmental body must respond promptly to a request for information. If we are unable to produce the requested information within 10 business days, we will contact you to let you know that we are unable to do so, and will set a date and time when the records will be available to you. This will include letting you know by the 10th business day if the university is seeking an open records decision to withhold any information
When may a university refuse to release the information I request?
If the information you request falls within one of the exceptions to disclosure found in the Texas Public Information Act, the university may refuse to release the information while it seeks an open records decision from the Office of 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.
FOR EMPLOYEES
How do I know if I have received a request for public information?
You will receive an email from the Office of Compliance notifying you of a received request, providing a copy of the part of the request that is relevant to you, and providing you a date by which you must respond. You will also receive the assigned number for the particular request, and possibly the desired format of the responsive records.
What do I do if I think I will not be able to respond by the deadline provided?
Please contact the Office of Compliance as soon as possible. Sometimes we are able to extend deadlines and sometimes we are not. It depends on the request and the potentially responsive records, but our 10-business-day deadline to respond to requestors must be strictly adhered to, or there may be legal implications.
What if I am an employee who has been asked to produce documents that I think may be confidential under the law?
If you are asked to provide information pursuant to a properly issued request, provide whatever you have that is responsive to the public information officer, even if you believe it should not be released to the requestor. The public information officer will make a determination, with input from the Office of General Counsel, about whether a request for an exception will be made and the requestor will be notified. The university may not determine, on its own, to not release responsive information.
More about Public Information
Texas Public Information Act Handbook (PDF)
TAMUK Public Information Poster
Relevant Texas A&M University System Policies: