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Public Information
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.
Governmental bodies shall promptly release requested information that is
not confidential by law, either constitutional, statutory, or by
judicial decision, or information for which an exception to disclosure
has not been sought.
Rights of Requestors
You have the right to:
Prompt access to information that is not
confidential or otherwise protected;
Receive treatment equal to all other
requestors, including accommodation in accordance with the Americans with
Disabilities Act (ADA) requirements;
Receive certain kinds of information without
exceptions, like the voting record of public officials, and other
information;
Receive a written 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;
Choose whether to inspect the requested information
(most often at no charge), receive copies of the information or both;
A waiver or reduction of charges if the
governmental body determines that access to the information primarily
benefits the general public;
Receive a copy of the communication from the
governmental body asking the Office of 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;
Lodge a written complaint about overcharges for
public information with the Texas Building and Procurement Commission.
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 Office of the
Attorney General.
Responsibilities of Governmental Bodies
All governmental bodies responding
to information requests have the responsibility to:
Establish reasonable procedures for
inspecting or copying public information and inform requestors of these
procedures;
- Treat all requestors uniformly and shall
give to the requestor all reasonable comfort and facility, including
accommodation in accordance with ADA requirements;
- Be informed about open records laws and educate
employees on the requirements of those laws;
- Inform requestors of the estimated charges greater
than $40 and any changes in the estimates above 20 percent of the original
estimate, and confirm that the requestor accepts the charges, or
has amended the request, in writing before finalizing the request;
- Inform the requestor if the information cannot be
provided promptly and set a date and time to provide it within a
reasonable time;
- Request a ruling from the Office of the Attorney
General regarding any information the governmental body wishes to
withhold, and send a copy of the request for ruling, or a redacted copy,
to the requestor;
- Segregate public
information from information that may be withheld and provide that public
information promptly;
- Make a good faith attempt to inform third
parties when their proprietary information is being requested from the
governmental body;
- Respond in writing to all written communications
from the Texas Building and Procurement Commission regarding charges for
the information. Respond to the Office of the Attorney General regarding
complaints about violations of the Act.
Procedures to Obtain Information
Submit a request by mail, fax, email or in person
according to a governmental body's reasonable procedures.
Include enough description and detail about the
information requested to enable the governmental body to accurately
identify and locate the information requested.
Cooperate with the governmental body's reasonable
efforts to clarify the type or amount of information requested.
A. Information to be released
You may review it promptly, and if it cannot be
produced within 10 working days the public information officer will notify
you in writing of the reasonable date and time when it will be available.
Keep all appointments to inspect records and to
pick up copies. Failure to keep appointments may result in losing the
opportunity to inspect the information at the time requested.
Cost of Records
- You must respond to any written estimate of charges
within 10 days of the date the governmental body sent it or the request is
considered automatically withdrawn.
- If estimated costs exceed $100.00 (or $50.00 if a
governmental body has fewer than 16 full time employees) the governmental
body may require a bond, prepayment or deposit.
- You may ask the governmental body to determine
whether providing the information primarily benefits the general public,
resulting in a waiver or reduction of charges.
- Make a timely payment for all mutually agreed
charges. A governmental body can demand payment of overdue balances
exceeding $100.00, or obtain a security deposit, before processing
additional requests from you.
B. Information that may be withheld due to an
exception
- By the 10th business day after a
governmental body receives your written request, a governmental body must:
- request an Attorney General opinion and state
which exceptions apply;
- notify the requestor of the referral to the
Attorney General; and
- notify third parties if the request involves
their proprietary information.
- Failure to request an Attorney General opinion and
notify the requestor within 10 business days will result in a presumption
that the information is open unless there is a compelling reason to
withhold it.
- Requestors may send a letter to the Attorney
General arguing for release, and may review arguments made by the
governmental body. If the arguments disclose the requested information,
the requestor may obtain a redacted copy.
- The Attorney General must issue a decision no later
than the 45th working day from the day after the attorney general received
the request for a decision. The attorney general may request an additional
10 working day extension.
- Governmental bodies may not ask the Attorney
General to "reconsider" an opinion.
To request information from this governmental
body, please contact: Jill Ready, City Secretary
You may send your request
By mail to: City of Columbus, POB 87, Columbus, TX 78934-0087
By e-mail to:
secretary@columbustexas.net
By fax to: 979 732.8213
In person at: 605 Spring Street, Columbus, Texas
For complaints regarding failure to release public
information please contact County Attorney Ken Sparks at: 979 732.8203
- You may also contact the Office of the Attorney
General, Open Records Hotline, at 512-478-6736 or toll-free at
1-877-673-6839.
- For complaints regarding overcharges, please
contact the Texas Building and Procurement Commission at
512-475-2497.
If you need special accommodation pursuant to the Americans With
Disabilities Act (ADA), please contact our ADA coordinator, Jill Ready at979
732.2366 – Fax 979 732.8213 – e-mail
secretary@columbustexas.net.
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