Office of the Vice President and Chief Financial Officer
Open Records
What is the Texas Public Information Act?
What types of records generally fall under the Texas
Public Information Act?
Are records that are kept or owned by a consultant to
the University subject to the Act?
Does University staff have a special right of access
to University records?
Do outside governmental agencies have a special right
of access to University records?
To what University officer must an Open Records Request
be directed?
Who can I contact at the University if I have general
questions about the Texas Public Information Act?
What is the University's duty to respond to e-mailed
or faxed requests for copies of records?
Must a University respond to verbal requests for copies
of records?
What should an Open Records Request include?
How much does it cost to obtain copies of University
records?
What other resources are available via the web about
the Texas Public Information Act?
How much time does the University generally have to
comply with an open records request?
When is the University under a timing deadline to take
a particular action when handling an open records request?
When is the University required to ask for an Open Records
Ruling from the AG?
What procedures must be followed if a governmental body
wishes to withhold information?
I. APPLICATION
OF THE PUBLIC INFORMATION ACT
What is the Texas Public Information Act?
The Texas Public Information Act (the "Public Information Act")
was adopted in 1973 by the reform-minded Sixty-third Legislature. The Sharpstown scandal, which occurred in 1969 and came to light in 1971,
provided the motivation for several enactments opening up government to
the people. The Public Information Act is now codified in the Texas Government
Code at Chapter 552. See the following website for the text of the
Act in its' entirety: http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.005.00.000552.00.htm
What types of records generally fall under the
Texas Public Information Act?
Public records include any information that is collected, assembled, or
maintained ... by or for the University. The act applies to records
regardless of their format. It includes information that is maintained
in paper, tape, microfilm, video, electronic data held in computer memory,
as well as other mediums specified under law.
Are records that are kept or owned by a consultant
to the University subject to the Act?
The fact that a private entity may own or retain a record does not prevent
the record from being subject to release under the Public Information
Act. For example, if a consultant maintains or holds records for
the University, the documents are still considered public information
if the University owns the information or has a right of access to it.
Does University staff have a special right of
access to University records?
An employee whose job requires or permits access to certain public records
would have a special right of access to those records. The transfer
of information to University staff is not considered a release to the
public and would not constitute selective disclosure.
Do outside governmental agencies have a special
right of access to University records?
Outside governmental agencies whose function under state or federal law
requires access to certain records generally have a right of access to
such records. The transfer of information to such outside governmental
agencies is not considered a release to the public and would not constitute
selective disclosure. For example, upon request, the University
must release certain salary and other personnel information to the Texas
Attorney General's Office to enable collection of court-ordered child
support payments.
II.
WHAT CONSTITUTES AN OPEN RECORDS REQUEST
To what University officer must an Open Records
Request be directed?
Except in the case of faxed and e-mail requests, the Public Information
Act does not require that the public direct its open records requests to
any specific University employee or officer. Generally, the deadlines
involved in handling an open records requests are not put on hold merely
because the wrong University staff member received the request. For
this reason, it is important that the University clearly inform all of its
employees what to do if they receive a request for records. Business Procedure
Memorandum 32-09-99, Texas Public Information Act, sets forth procedures
The University of Texas System follows for complying with the Texas Public
Information Act. The University of Texas System includes The University
of Texas System Administration and the component institutions (http://www.utsystem.edu/BPM/32.htm).
A written Open Records Request should be forwarded to our Vice President
and Chief Financial Officer and Custodian of Records for handling.
For U.S. mail delivery:
Vice President and Chief Financial Officer
The University of Texas at Austin
PO Box 8179
Austin, Texas 78713-8179
(512) 471-1422
For hand-delivery:
Office of the Vice President and Chief Financial Officer
Main Bldg., Suite 102
G4900
For fax delivery: (512) 471-7742
By electronic mail: cfo@www.utexas.edu
Who can I contact at The University of Texas
at Austin if I have general questions about the Texas Public Information
Act?
Ms. Annela M. Lopez
Administrative Associate
Office of the Vice President
and Chief Financial Officer
(512) 471-8300
What is the University’s duty to respond
to e-mailed or faxed requests for copies of records?
The University has a duty to respond to any written requests for open records,
including those that are made through e-mail or by fax. However, state
law provides that the University can designate a person that is authorized
to receive e-mail or faxed requests for open records. If the University
makes such a designation, the Open Records Act is only activated if the
request is directed to the assigned individual. If the University
has not made such a designation, the e-mail or faxed request can be directed
to any University official or staff member. Pursuant to Section 552.301(c),
Government Code, the Custodian of Records has been designated to receive
all electronic mail requests for public information. The University
is not responsible for responding to electronic mail and fax requests sent
to any electronic mail address other than the email address for the Vice
President and Chief Financial Officer and Custodian of Records cited above.
Must a University respond to verbal requests
for copies of records?
If the University provides copies of records upon verbal request, the
University must be consistent in its treatment of all requestors. In other words, if the University does not require a written request from
certain individuals, it should not insist on a written request from others. Nonetheless, state law allows the University to require that all requests
for copies of records be made in writing. In fact, the Public Information
Act is only activated by a written request for documents.
What should an Open Records Request include?
Requests for records under the Public Information Act must be in writing.
Including the following information in your request will help ensure that
you receive the information you want:
- your name and mailing address (so we can send you a response)
- your phone number (so we can contact you if we have questions about
how to respond to your request)
- a list or description of the specific information you are interested
in, including time periods
Try to be as specific as possible about the information you are seeking. For
a sample of an Open Records Request, please refer to the following website: http://www.utsystem.edu/OGC/openrecords/sample.htm
How much does it cost to obtain copies of University
records?
Charges for copies of public information are set by the General Services
Commission (GSC). In general, if the number of copies in your request
is less than 50 pages, the charge will be $0.10 per page plus the cost
of postage (or other delivery method, at your request). If the number
of copies is more than 50 pages, the charge will be $0.10 per page plus
personnel costs necessary to compile the documents, in addition to the
postage. If the charge for fulfilling your requests exceeds $40.00, we
will provide you with an itemized written estimate of the charges and
indicate if a less costly alternative is available. You must respond
in writing within 10 days after the estimate is sent that you will accept
the costs, or that you desire any stated alternative, or your request
will be considered withdrawn. If the estimated charge is more than $100.00,
the University will generally require a prepaid deposit or bond before
providing the information. Also, if you have an unpaid balance of more
than $100.00 relating to previous requests, a prepaid deposit or bond
will be required.
What other resources are available via the
web about the Texas Public Information Act?
Office of the Attorney General:
http://www.oag.state.tx.us/opinopen/opengovt.shtml
http://www.oag.state.tx.us/opinopen/og_resources.shtml
General Services Commission:
http://www.tbpc.state.tx.us/open_records/index.html
The University of Texas System Office of General Counsel:
http://www.utsystem.edu/OGC/openrecords/openrecordstoc.htm
Information for 3rd parties about protecting confidential
and proprietary information:
http://www.utsystem.edu/ogc/intellectualproperty/openrec.htm
III. ADMINISTRATION
OF OPEN RECORDS REQUESTS
How much time does the University generally have
to comply with an open records request?
The University must "promptly" produce the public information. There is often a misconception that the Act requires copies of public information
be produced within ten (10) days upon receipt of the written request.
The act states that all requests must be handled with good faith and must
be accomplished within a reasonable time period. What is considered
reasonable and prompt will vary depending on the number of documents sought
by the requestor. In certain circumstances, the records can be produced
in less than ten days. However, requests for a substantial number
of documents may take several weeks to produce. If it will take the University
longer than ten business days to produce the records, the University must
certify that fact in writing to the requestor. In the notice, the
University must indicate a set date and hour within a reasonable time that
the information will be made available for inspection or duplication.
When is the University under a timing deadline
to take a particular action when handling an open records request?
The amount of time the University has to produce copies of records will
vary depending on the amount of information requested. However,
there are six situations that present a timing deadline for the University
to take a particular action when handling an open records request.
- Notice to requestor that the University needs additional time to produce
records: If the University is unable to produce a requested record within
ten business days for inspection or for duplication, the University
must certify that fact in writing to the requestor and set a date and
hour within a reasonable time that the information will be available
for inspection or for duplication.
- Notice to requestor that the University needs additional time to produce
records that are in active use or in storage: If the University needs
additional time to produce a record because it is in active use or because
it is in storage, the University must notify the requestor of this fact.
This notice must be given within ten business days of the University's
receipt of the request for the documents. The notice must set
a date and hour within a reasonable time that the information will be
available for inspection or duplication.
- Notice to requestor of programming or manipulation costs:
- a statement that the information is/is not available in the requested
form;
- a description of the form in which the information is available;
- a description of any contract or services that would be required to
provide the information in the requested form;
- a statement of the estimated cost of providing the information in
the requested form as determined in accordance with the rules established
by the General Services Commission under §552.262; and
- a statement of the anticipated time required for us to provide the
information in the requested form. Generally, this notice must be provided
to the requestor within 20 days of the University's receipt of the
request.
- Request by the University for an Open Record Ruling from the Attorney
General: If the University plans to withhold certain documents or information,
it usually must request an Attorney General's ruling on the ability
to withhold such information. The written request for an AG ruling
must be made within ten business days of the University's receipt of
the request for the documents. However, the ten-day deadline is
tolled during the time that the University and the requestor are actively
clarifying the scope of information requested.
- Notice to requestor that the University sought an Attorney General
Open Record Ruling: The University must give written notice to the requestor
if the University seeks an AG open record ruling on the request. This notice must be given within ten business days of the University's
receipt of the request for the documents.
- Notice to Person or entity with proprietary interest in information
of Attorney General Open Record Ruling Request: If an open records request
may result in the release of proprietary information, the University
must make a good faith attempt to notify the person or entity that had
such an interest of the request. The University must send the
written notice within 10 business days of the date the original request
was received. This notice must include a copy of the request for
information and a statement that the person is entitled to submit a
letter, brief, or memorandum to the AG in support of withholding the
information. The notice must inform the person that the briefing
must state each reason the person has as to why the information should
be withheld and the legal rationale supporting such an assertion. Any briefing by a person with proprietary interest must be provided
within 10 business days from the date the written notice from the University
is received.
When is the University required to ask for
an Open Records Ruling from the AG?
Some of the information maintained by The University of Texas System
may contain information that is not public, such as the following:
- student information/records;
- medical information/records;
- driver's license and motor vehicle information;
- attorney-client communications;
- attorney work product;
- documents made confidential by statute;
- documents claimed to be proprietary by a third party (trade secret
information).
If you want to review or get copies of the non-public information listed
above, it will be necessary for The University of Texas System to request
an Attorney General's opinion about this information. This non-public
information will not be available for review until after the Attorney
General makes a decision about whether the information is public or not
public. The Attorney General's office has about 12 weeks to make
a decision on whether the information is public or not public. If part
of the information you requested is considered public information, then
you will be able to review or get copies of the public information, even
if a request for an Attorney General's open records opinion is necessary
regarding the non-public information. If public information and
non-public information are both included in a single document, the document
will be provided to you. However, the information believed to be
non-public or exempt will be redacted (marked out) while the request for
an Attorney General's opinion is pending.
What procedures must be followed if a governmental
body wishes to withhold information?
Within 10 business days of receiving a written request, the governmental
body must:
- write the Attorney General, asking for a decision and state which
exceptions apply to the requested information;
- provide the requestor with a written statement that the governmental
body wishes to withhold the information and that it has asked the Attorney
General for a decision;
- provide the requestor with a copy of the governmental body's correspondence
to the Attorney General; and
- make a good faith attempt to notify, in the form prescribed by the
Attorney General, any affected third parties of the request.
Within 15 business days of receiving your request, the governmental body
must:
- write the Attorney General and explain how the claimed exceptions
apply;
- provide a copy of your written request to the Attorney General;
- provide a signed statement to the Attorney General stating the date
the request was received by the governmental body or provide evidence
sufficient to establish the date the request was received; and
- provide copies of the documents requested or a representative sample
of the documents to the Attorney General and the documents must be labeled
to show which exceptions apply to which parts of the documents.
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