CHAPTER 552. PUBLIC INFORMATION

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GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 552. PUBLIC INFORMATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 552.001. POLICY; CONSTRUCTION. (a) Under the fundamental

philosophy of the American constitutional form of representative

government that adheres to the principle that government is the

servant and not the master of the people, 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. The people, in delegating authority, do

not give their public servants the right to decide what is good

for the people to know and what is not good for them to know. The

people insist on remaining informed so that they may retain

control over the instruments they have created. The provisions of

this chapter shall be liberally construed to implement this

policy.

(b) This chapter shall be liberally construed in favor of

granting a request for information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING

PUBLIC INFORMATION. (a) In this chapter, "public information"

means information that is collected, assembled, or maintained

under a law or ordinance or in connection with the transaction of

official business:

(1) by a governmental body; or

(2) for a governmental body and the governmental body owns the

information or has a right of access to it.

(b) The media on which public information is recorded include:

(1) paper;

(2) film;

(3) a magnetic, optical, or solid state device that can store an

electronic signal;

(4) tape;

(5) Mylar;

(6) linen;

(7) silk; and

(8) vellum.

information exist include a book, paper, letter, document,

printout, photograph, film, tape, microfiche, microfilm,

photostat, sound recording, map, and drawing and a voice, data,

or video representation held in computer memory.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.003. DEFINITIONS. In this chapter:

(1) "Governmental body":

(A) means:

(i) a board, commission, department, committee, institution,

agency, or office that is within or is created by the executive

or legislative branch of state government and that is directed by

one or more elected or appointed members;

(ii) a county commissioners court in the state;

(iii) a municipal governing body in the state;

(iv) a deliberative body that has rulemaking or quasi-judicial

power and that is classified as a department, agency, or

political subdivision of a county or municipality;

(v) a school district board of trustees;

(vi) a county board of school trustees;

(vii) a county board of education;

(viii) the governing board of a special district;

(ix) the governing body of a nonprofit corporation organized

under Chapter 67, Water Code, that provides a water supply or

wastewater service, or both, and is exempt from ad valorem

taxation under Section 11.30, Tax Code;

(x) a local workforce development board created under Section

2308.253;

(xi) a nonprofit corporation that is eligible to receive funds

under the federal community services block grant program and that

is authorized by this state to serve a geographic area of the

state; and

(xii) the part, section, or portion of an organization,

corporation, commission, committee, institution, or agency that

spends or that is supported in whole or in part by public funds;

and

(B) does not include the judiciary.

(2) "Manipulation" means the process of modifying, reordering,

or decoding of information with human intervention.

(3) "Processing" means the execution of a sequence of coded

instructions by a computer producing a result.

(4) "Programming" means the process of producing a sequence of

coded instructions that can be executed by a computer.

(5) "Public funds" means funds of the state or of a governmental

subdivision of the state.

(6) "Requestor" means a person who submits a request to a

governmental body for inspection or copies of public information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 18.24, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 633, Sec. 2, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1004, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.014, eff. Sept. 1,

2003.

Sec. 552.0035. ACCESS TO INFORMATION OF JUDICIARY. (a) Access

to information collected, assembled, or maintained by or for the

judiciary is governed by rules adopted by the Supreme Court of

Texas or by other applicable laws and rules.

(b) This section does not address whether information is

considered to be information collected, assembled, or maintained

by or for the judiciary.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 1, eff. Sept. 1,

1999.

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO

LAW. A property owners' association is subject to this chapter

in the same manner as a governmental body:

(1) if:

(A) membership in the property owners' association is mandatory

for owners or for a defined class of owners of private real

property in a defined geographic area in a county with a

population of 2.8 million or more or in a county adjacent to a

county with a population of 2.8 million or more;

(B) the property owners' association has the power to make

mandatory special assessments for capital improvements or

mandatory regular assessments; and

is or has ever been based in whole or in part on the value at

which the state or a local governmental body assesses the

property for purposes of ad valorem taxation under Section 20,

Article VIII, Texas Constitution; or

(2) if the property owners' association:

(A) provides maintenance, preservation, and architectural

control of residential and commercial property within a defined

geographic area in a county with a population of 2.8 million or

more or in a county adjacent to a county with a population of 2.8

million or more; and

(B) is a corporation that:

(i) is governed by a board of trustees who may employ a general

manager to execute the association's bylaws and administer the

business of the corporation;

(ii) does not require membership in the corporation by the

owners of the property within the defined area; and

(iii) was incorporated before January 1, 2006.

Added by Acts 1999, 76th Leg., ch. 1084, Sec. 2, eff. Sept. 1,

1999. Renumbered from Sec. 552.0035 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(51), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1367, Sec. 2, eff. September 1, 2007.

Sec. 552.0037. CERTAIN ENTITIES AUTHORIZED TO TAKE PROPERTY

THROUGH EMINENT DOMAIN. Notwithstanding any other law,

information collected, assembled, or maintained by an entity that

is not a governmental body but is authorized by law to take

private property through the use of eminent domain is subject to

this chapter in the same manner as information collected,

assembled, or maintained by a governmental body, but only if the

information is related to the taking of private property by the

entity through the use of eminent domain.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

1, Sec. 2, eff. November 18, 2005.

Sec. 552.004. PRESERVATION OF INFORMATION. A governmental body

or, for information of an elective county office, the elected

county officer, may determine a time for which information that

is not currently in use will be preserved, subject to any

applicable rule or law governing the destruction and other

disposition of state and local government records or public

information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.005. EFFECT OF CHAPTER ON SCOPE OF CIVIL DISCOVERY.

(a) This chapter does not affect the scope of civil discovery

under the Texas Rules of Civil Procedure.

(b) Exceptions from disclosure under this chapter do not create

new privileges from discovery.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.0055. SUBPOENA DUCES TECUM OR DISCOVERY REQUEST. A

subpoena duces tecum or a request for discovery that is issued in

compliance with a statute or a rule of civil or criminal

procedure is not considered to be a request for information under

this chapter.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 2, eff. Sept. 1,

1999.

Sec. 552.006. EFFECT OF CHAPTER ON WITHHOLDING PUBLIC

INFORMATION. This chapter does not authorize the withholding of

public information or limit the availability of public

information to the public, except as expressly provided by this

chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.007. VOLUNTARY DISCLOSURE OF CERTAIN INFORMATION WHEN

DISCLOSURE NOT REQUIRED. (a) This chapter does not prohibit a

governmental body or its officer for public information from

voluntarily making part or all of its information available to

the public, unless the disclosure is expressly prohibited by law

or the information is confidential under law.

(b) Public information made available under Subsection (a) must

be made available to any person.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES. (a) This

chapter does not grant authority to withhold information from

individual members, agencies, or committees of the legislature to

use for legislative purposes.

(b) A governmental body on request by an individual member,

agency, or committee of the legislature shall provide public

information, including confidential information, to the

requesting member, agency, or committee for inspection or

duplication in accordance with this chapter if the requesting

member, agency, or committee states that the public information

is requested under this chapter for legislative purposes. A

governmental body, by providing public information under this

section that is confidential or otherwise excepted from required

disclosure under law, does not waive or affect the

confidentiality of the information for purposes of state or

federal law or waive the right to assert exceptions to required

disclosure of the information in the future. The governmental

body may require the requesting individual member of the

legislature, the requesting legislative agency or committee, or

the members or employees of the requesting entity who will view

or handle information that is received under this section and

that is confidential under law to sign a confidentiality

agreement that covers the information and requires that:

(1) the information not be disclosed outside the requesting

entity, or within the requesting entity for purposes other than

the purpose for which it was received;

(2) the information be labeled as confidential;

(3) the information be kept securely; or

(4) the number of copies made of the information or the notes

taken from the information that implicate the confidential nature

of the information be controlled, with all copies or notes that

are not destroyed or returned to the governmental body remaining

confidential and subject to the confidentiality agreement.

Text of subsection effective on September 01, 2010

(b-1) A member, committee, or agency of the legislature required

by a governmental body to sign a confidentiality agreement under

Subsection (b) may seek a decision as provided by Subsection

(b-2) about whether the information covered by the

confidentiality agreement is confidential under law. A

confidentiality agreement signed under Subsection (b) is void to

the extent that the agreement covers information that is finally

determined under Subsection (b-2) to not be confidential under

law.

Text of subsection effective on September 01, 2010

(b-2) The member, committee, or agency of the legislature may

seek a decision from the attorney general about the matter. The

attorney general by rule shall establish procedures and deadlines

for receiving information necessary to decide the matter and

briefs from the requestor, the governmental body, and any other

interested person. The attorney general shall promptly render a

decision requested under this subsection, determining whether the

information covered by the confidentiality agreement is

confidential under law, not later than the 45th business day

after the date the attorney general received the request for a

decision under this subsection. The attorney general shall issue

a written decision on the matter and provide a copy of the

decision to the requestor, the governmental body, and any

interested person who submitted necessary information or a brief

to the attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court. A

person may appeal a decision of the attorney general under this

subsection to a Travis County district court if the person claims

a proprietary interest in the information affected by the

decision or a privacy interest in the information that a

confidentiality law or judicial decision is designed to protect.

(1) the right of an individual member, agency, or committee of

the legislature to obtain information from a governmental body

under other law, including under the rules of either house of the

legislature;

(2) the procedures under which the information is obtained under

other law; or

(3) the use that may be made of the information obtained under

other law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1364, Sec. 1, eff. September 1, 2010.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 2, eff. September 1, 2010.

Sec. 552.009. OPEN RECORDS STEERING COMMITTEE: ADVICE TO

ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION.

(a) The open records steering committee is composed of two

representatives of the attorney general's office and:

(1) a representative of each of the following, appointed by its

governing entity:

(A) the comptroller's office;

(B) the Department of Public Safety;

(D) the Texas State Library and Archives Commission;

(2) five public members, appointed by the attorney general; and

(3) a representative of each of the following types of local

governments, appointed by the attorney general:

(A) a municipality;

(B) a county; and

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

329, Sec. 1

(b) The representative of the attorney general designated by the

attorney general is the presiding officer of the committee. The

committee shall meet as prescribed by committee procedures or at

the call of the presiding officer.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.

716, Sec. 1

(b) The representative of the attorney general is the presiding

officer of the committee. The committee shall meet as prescribed

by committee procedures or at the call of the presiding officer.

the office of the attorney general's performance of its duties

under Sections 552.010, 552.205, 552.262, 552.269, and 552.274.

(d) The members of the committee who represent state

governmental bodies and the public members of the committee shall

periodically study and determine the types of public information

for which it would be useful to the public or cost-effective for

the government if the type of information were made available by

state governmental bodies by means of the Internet or another

electronic format. The committee shall report its findings and

recommendations to the governor, the presiding officer of each

house of the legislature, and the budget committee and state

affairs committee of each house of the legislature.

(e) Chapter 2110 does not apply to the size, composition, or

duration of the committee. Chapter 2110 applies to the

reimbursement of a public member's expenses related to service on

the committee. Any reimbursement of the expenses of a member who

represents a state or local governmental body may be paid only

from funds available to the state or local governmental body the

member represents.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 3, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 3.06, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 3, eff. September 1, 2009.

Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER

INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each

state governmental body shall report to the attorney general the

information the attorney general requires regarding:

(1) the number and nature of requests for information the state

governmental body processes under this chapter in the period

covered by the report; and

(2) the cost to the state governmental body in that period in

terms of capital expenditures and personnel time of:

(A) responding to requests for information under this chapter;

and

(B) making information available to the public by means of the

Internet or another electronic format.

(b) The attorney general shall design and phase in the reporting

requirements in a way that:

(1) minimizes the reporting burden on state governmental bodies;

and

(2) allows the legislature and state governmental bodies to

estimate the extent to which it is cost-effective for state

government, and if possible the extent to which it is

cost-effective or useful for members of the public, to make

information available to the public by means of the Internet or

another electronic format as a supplement or alternative to

publicizing the information only in other ways or making the

information available only in response to requests made under

this chapter.

under this section with the open records steering committee.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 27.01, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

329, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

716, Sec. 2, eff. September 1, 2005.

Sec. 552.011. UNIFORMITY. The attorney general shall maintain

uniformity in the application, operation, and interpretation of

this chapter. To perform this duty, the attorney general may

prepare, distribute, and publish any materials, including

detailed and comprehensive written decisions and opinions, that

relate to or are based on this chapter.

Added by Acts 1999, 76th Leg., ch. 1319, Sec. 4, eff. Sept. 1,

1999.

Sec. 552.012. OPEN RECORDS TRAINING. (a) This section applies

to an elected or appointed public official who is:

(1) a member of a multimember governmental body;

(2) the governing officer of a governmental body that is headed

by a single officer rather than by a multimember governing body;

(3) the officer for public information of a governmental body,

without regard to whether the officer is elected or appointed to

a specific term.

(b) Each public official shall complete a course of training of

not less than one and not more than two hours regarding the

responsibilities of the governmental body with which the official

serves and its officers and employees under this chapter not

later than the 90th day after the date the public official:

(1) takes the oath of office, if the person is required to take

an oath of office to assume the person's duties as a public

official; or

(2) otherwise assumes the person's duties as a public official,

if the person is not required to take an oath of office to assume

the person's duties.

coordinator to satisfy the training requirements of this section

for the public official if the public information coordinator is

primarily responsible for administering the responsibilities of

the public official or governmental body under this chapter.

Designation of a public information coordinator under this

subsection does not relieve a public official from the duty to

comply with any other requirement of this chapter that applies to

the public official. The designated public information

coordinator shall complete the training course regarding the

responsibilities of the governmental body with which the

coordinator serves and of its officers and employees under this

chapter not later than the 90th day after the date the

coordinator assumes the person's duties as coordinator.

(d) The attorney general shall ensure that the training is made

available. The office of the attorney general may provide the

training and may also approve any acceptable course of training

offered by a governmental body or other entity. The attorney

general shall ensure that at least one course of training

approved or provided by the attorney general is available on

videotape or a functionally similar and widely available medium

at no cost. The training must include instruction in:

(1) the general background of the legal requirements for open

records and public information;

(2) the applicability of this chapter to governmental bodies;

(3) procedures and requirements regarding complying with a

request for information under this chapter;

(4) the role of the attorney general under this chapter; and

(5) penalties and other consequences for failure to comply with

this chapter.

(e) The office of the attorney general or other entity providing

the training shall provide a certificate of course completion to

persons who complete the training required by this section. A

governmental body shall maintain and make available for public

inspection the record of its public officials' or, if applicable,

the public information coordinator's completion of the training.

(f) Completing the required training as a public official of the

governmental body satisfies the requirements of this section with

regard to the public official's service on a committee or

subcommittee of the governmental body and the public official's

ex officio service on any other governmental body.

(g) The training required by this section may be used to satisfy

any corresponding training requirements concerning this chapter

or open records required by law for a public official or public

information coordinator. The attorney general shall attempt to

coordinate the training required by this section with training

required by other law to the extent practicable.

(h) A certificate of course completion is admissible as evidence

in a criminal prosecution under this chapter. However, evidence

that a defendant completed a course of training offered under

this section is not prima facie evidence that the defendant

knowingly violated this chapter.

Added by Acts 2005, 79th Leg., Ch.

105, Sec. 2, eff. January 1, 2006.

SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION

Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public

information is available to the public at a minimum during the

normal business hours of the governmental body.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff.

Sept. 1, 1995.

Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. (a)

Without limiting the amount or kind of information that is public

information under this chapter, the following categories of

information are public information and not excepted from required

disclosure under this chapter unless they are expressly

confidential under other law:

(1) a completed report, audit, evaluation, or investigation made

of, for, or by a governmental body, except as provided by Section

552.108;

(2) the name, sex, ethnicity, salary, title, and dates of

employment of each employee and officer of a governmental body;

(3) information in an account, voucher, or contract relating to

the receipt or expenditure of public or other funds by a

governmental body;

(4) the name of each official and the final record of voting on

all proceedings in a governmental body;

(5) all working papers, research material, and information used

to estimate the need for or expenditure of public funds or taxes

by a governmental body, on completion of the estimate;

(6) the name, place of business, and the name of the

municipality to which local sales and use taxes are credited, if

any, for the named person, of a person reporting or paying sales

and use taxes under Chapter 151, Tax Code;

(7) a description of an agency's central and field

organizations, including:

(A) the established places at which the public may obtain

information, submit information or requests, or obtain decisions;

(B) the employees from whom the public may obtain information,

submit information or requests, or obtain decisions;

the public may obtain information, submit information or

requests, or obtain decisions; and

(D) the methods by which the public may obtain information,

submit information or requests, or obtain decisions;

(8) a statement of the general course and method by which an

agency's functions are channeled and determined, including the

nature and requirements of all formal and informal policies and

procedures;

(9) a rule of procedure, a description of forms available or the

places at which forms may be obtained, and instructions relating

to the scope and content of all papers, reports, or examinations;

(10) a substantive rule of general applicability adopted or

issued by an agency as authorized by law, and a statement of

general policy or interpretation of general applicability

formulated and adopted by an agency;

(11) each amendment, revision, or repeal of information

described by Subdivisions (7)-(10);

(12) final opinions, including concurring and dissenting

opinions, and orders issued in the adjudication of cases;

(13) a policy statement or interpretation that has been adopted

or issued by an agency;

(14) administrative staff manuals and instructions to staff that

affect a member of the public;

(15) information regarded as open to the public under an

agency's policies;

(16) information that is in a bill for attorney's fees and that

is not privileged under the attorney-client privilege;

(17) information that is also contained in a public court

record; and

(18) a settlement agreement to which a governmental body is a

party.

(b) A court in this state may not order a governmental body or

an officer for public information to withhold from public

inspection any category of public information described by

Subsection (a) or to not produce the category of public

information for inspection or duplication, unless the category of

information is expressly made confidential under other law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 3, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 5, eff. Sept.

1, 1999.

Sec. 552.0221. EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION

SYSTEM. (a) Information concerning the employment of an

employee of a public employee pension system is public

information under the terms of this chapter, including

information concerning the income, salary, benefits, and bonuses

received from the pension system by the employee in the person's

capacity as an employee of the system, and is not removed from

the application of this chapter, made confidential, or otherwise

excepted from the requirements of Section 552.021 by any statute

intended to protect the records of persons as members,

beneficiaries, or retirees of a public employee pension system in

their capacity as such.

(b) Information concerning the service of a trustee of a public

employee pension system is public information under the terms of

this chapter, including information concerning the income,

salary, benefits, and bonuses received from the pension system by

the trustee in the person's capacity as a trustee of the system,

and is not removed from the application of this chapter, made

confidential, or otherwise excepted from the requirements of

Section 552.021 by any statute intended to protect the records of

persons as members, beneficiaries, or retirees of a public

employee pension system in their capacity as such.

released only to the extent the information is not excepted from

required disclosure under this subchapter or Subchapter C.

(d) For purposes of this section, "benefits" does not include

pension benefits provided to an individual by a pension system

under the statutory plan covering the individual as a member,

beneficiary, or retiree of the pension system.

Added by Acts 2009, 81st Leg., R.S., Ch.

58, Sec. 1, eff. May 19, 2009.

Sec. 552.0225. RIGHT OF ACCESS TO INVESTMENT INFORMATION. (a)

Under the fundamental philosophy of American government described

by Section 552.001, it is the policy of this state that

investments of government are investments of and for the people

and the people are entitled to information regarding those

investments. The provisions of this section shall be liberally

construed to implement this policy.

(b) The following categories of information held by a

governmental body relating to its investments are public

information and not excepted from disclosure under this chapter:

(1) the name of any fund or investment entity the governmental

body is or has invested in;

(2) the date that a fund or investment entity described by

Subdivision (1) was established;

(3) each date the governmental body invested in a fund or

investment entity described by Subdivision (1);

(4) the amount of money, expressed in dollars, the governmental

body has committed to a fund or investment entity;

(5) the amount of money, expressed in dollars, the governmental

body is investing or has invested in any fund or investment

entity;

(6) the total amount of money, expressed in dollars, the

governmental body received from any fund or investment entity in

connection with an investment;

(7) the internal rate of return or other standard used by a

governmental body in connection with each fund or investment

entity it is or has invested in and the date on which the return

or other standard was calculated;

(8) the remaining value of any fund or investment entity the

governmental body is or has invested in;

(9) the total amount of fees, including expenses, charges, and

other compensation, assessed against the governmental body by, or

paid by the governmental body to, any fund or investment entity

or principal of any fund or investment entity in which the

governmental body is or has invested;

(10) the names of the principals responsible for managing any

fund or investment entity in which the governmental body is or

has invested;

(11) each recusal filed by a member of the governing board in

connection with a deliberation or action of the governmental body

relating to an investment;

(12) a description of all of the types of businesses a

governmental body is or has invested in through a fund or

investment entity;

(13) the minutes and audio or video recordings of each open

portion of a meeting of the governmental body at which an item

described by this subsection was discussed;

(14) the governmental body's percentage ownership interest in a

fund or investment entity the governmental body is or has

invested in;

(15) any annual ethics disclosure report submitted to the

governmental body by a fund or investment entity the governmental

body is or has invested in; and

(16) the cash-on-cash return realized by the governmental body

for a fund or investment entity the governmental body is or has

invested in.

Company or a successor to the company.

(d) This section does not apply to a private investment fund's

investment in restricted securities, as defined in Section

552.143.

Added by Acts 2005, 79th Leg., Ch.

1338, Sec. 1, eff. June 18, 2005.

Sec. 552.023. SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL

INFORMATION. (a) A person or a person's authorized

representative has a special right of access, beyond the right of

the general public, to information held by a governmental body

that relates to the person and that is protected from public

disclosure by laws intended to protect that person's privacy

interests.

(b) A governmental body may not deny access to information to

the person, or the person's representative, to whom the

information relates on the grounds that the information is

considered confidential by privacy principles under this chapter

but may assert as grounds for denial of access other provisions

of this chapter or other law that are not intended to protect the

person's privacy interests.

not an offense under Section 552.352.

(d) A person who receives information under this section may

disclose the information to others only to the extent consistent

with the authorized purposes for which consent to release the

information was obtained.

(e) Access to information under this section shall be provided

in the manner prescribed by Sections 552.229 and 552.307.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 4, eff.

Sept. 1, 1995.

Sec. 552.024. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER.

(a) Each employee or official of a governmental body and each

former employee or official of a governmental body shall choose

whether to allow public access to the information in the custody

of the governmental body that relates to the person's home

address, home telephone number, or social security number, or

that reveals whether the person has family members.

(b) Each employee and official and each former employee and

official shall state that person's choice under Subsection (a) to

the main personnel officer of the governmental body in a signed

writing not later than the 14th day after the date on which:

(1) the employee begins employment with the governmental body;

(2) the official is elected or appointed; or

(3) the former employee or official ends service with the

governmental body.

chooses not to allow public access to the information:

(1) the information is protected under Subchapter C; and

(2) the governmental body may redact the information from any

information the governmental body discloses under Section 552.021

without the necessity of requesting a decision from the attorney

general under Subchapter G.

(c-1) If, under Subsection (c)(2), a governmental body redacts

or withholds information without requesting a decision from the

attorney general about whether the information may be redacted or

withheld, the requestor is entitled to seek a decision from the

attorney general about the matter. The attorney general by rule

shall establish procedures and deadlines for receiving

information necessary to decide the matter and briefs from the

requestor, the governmental body, and any other interested

person. The attorney general shall promptly render a decision

requested under this subsection, determining whether the redacted

or withheld information was excepted from required disclosure to

the requestor, not later than the 45th business day after the

date the attorney general received the request for a decision

under this subsection. The attorney general shall issue a

written decision on the matter and provide a copy of the decision

to the requestor, the governmental body, and any interested

person who submitted necessary information or a brief to the

attorney general about the matter. The requestor or the

governmental body may appeal a decision of the attorney general

under this subsection to a Travis County district court.

(c-2) A governmental body that redacts or withholds information

under Subsection (c)(2) shall provide the following information

to the requestor on a form prescribed by the attorney general:

(1) a description of the redacted or withheld information;

(2) a citation to this section; and

(3) instructions regarding how the requestor may seek a decision

from the attorney general regarding whether the redacted or

withheld information is excepted from required disclosure.

(d) If an employee or official or a former employee or official

fails to state the person's choice within the period established

by this section, the information is subject to public access.

(e) An employee or official or former employee or official of a

governmental body who wishes to close or open public access to

the information may request in writing that the main personnel

officer of the governmental body close or open access.

(f) This section does not apply to a person to whom Section

552.1175 applies.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 5, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 119, Sec. 1, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

283, Sec. 1, eff. June 4, 2009.

Sec. 552.025. TAX RULINGS AND OPINIONS. (a) A governmental

body with taxing authority that issues a written determination

letter, technical advice memorandum, or ruling that concerns a

tax matter shall index the letter, memorandum, or ruling by

subject matter.

(b) On request, the governmental body shall make the index

prepared under Subsection (a) and the document itself available

to the public, subject to the provisions of this chapter.

or limiting the availability to the public of a written

determination letter, technical advice memorandum, or ruling that

concerns a tax matter and that is issued by a governmental body

with taxing authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.026. EDUCATION RECORDS. This chapter does not require

the release of information contained in education records of an

educational agency or institution, except in conformity with the

Family Educational Rights and Privacy Act of 1974, Sec. 513, Pub.

L. No. 93-380, 20 U.S.C. Sec. 1232g.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.027. EXCEPTION: INFORMATION AVAILABLE COMMERCIALLY;

RESOURCE MATERIAL. (a) A governmental body is not required

under this chapter to allow the inspection of or to provide a

copy of information in a commercial book or publication purchased

or acquired by the governmental body for research purposes if the

book or publication is commercially available to the public.

(b) Although information in a book or publication may be made

available to the public as a resource material, such as a library

book, a governmental body is not required to make a copy of the

information in response to a request for public information.

information in a book or publication that is made part of,

incorporated into, or referred to in a rule or policy of a

governmental body.

Added by Acts 1995, 74th Leg., ch. 1035, Sec. 12, eff. Sept. 1,

1995.

Sec. 552.028. REQUEST FOR INFORMATION FROM INCARCERATED

INDIVIDUAL. (a) A governmental body is not required to accept

or comply with a request for information from:

(1) an individual who is imprisoned or confined in a

correctional facility; or

(2) an agent of that individual, other than that individual's

attorney when the attorney is requesting information that is

subject to disclosure under this chapter.

(b) This section does not prohibit a governmental body from

disclosing to an individual described by Subsection (a)(1), or

that individual's agent, information held by the governmental

body pertaining to that individual.

(1) a secure correctional facility, as defined by Section 1.07,

Penal Code;

(2) a secure correctional facility and a secure detention

facility, as defined by Section 51.02, Family Code; and

(3) a place designated by the law of this state, another state,

or the federal government for the confinement of a person

arrested for, charged with, or convicted of a criminal offense.

Added by Acts 1995, 74th Leg., ch. 302, Sec. 1, eff. June 5,

1995. Renumbered from Government Code Sec. 552.027 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(44), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1231, Sec. 6, eff. Sept. 1, 1997. Amended by

Acts 1999, 76th Leg., ch. 154, Sec. 1, eff. May 21, 1999; Acts

2001, 77th Leg., ch. 735, Sec. 1, eff. June 13, 2001; Acts 2003,

78th Leg., ch. 283, Sec. 45, eff. Sept. 1, 2003.

Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO

INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. Notwithstanding

Section 508.313 or 552.134, the following information about an

inmate who is confined in a facility operated by or under a

contract with the Texas Department of Criminal Justice is subject

to required disclosure under Section 552.021:

(1) the inmate's name, identification number, age, birthplace,

department photograph, physical description, or general state of

health or the nature of an injury to or critical illness suffered

by the inmate;

(2) the inmate's assigned unit or the date on which the unit

received the inmate, unless disclosure of the information would

violate federal law relating to the confidentiality of substance

abuse treatment;

(3) the offense for which the inmate was convicted or the

judgment and sentence for that offense;

(4) the county and court in which the inmate was convicted;

(5) the inmate's earliest or latest possible release dates;

(6) the inmate's parole date or earliest possible parole date;

(7) any prior confinement of the inmate by the Texas Department

of Criminal Justice or its predecessor; or

(8) basic information regarding the death of an inmate in

custody, an incident involving the use of force, or an alleged

crime involving the inmate.

Added by Acts 1999, 76th Leg., ch. 783, Sec. 2, eff. Aug. 30,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(7), eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1271, Sec. 1, eff. June 18, 2005.

SUBCHAPTER C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE

Sec. 552.101. EXCEPTION: CONFIDENTIAL INFORMATION. Information

is excepted from the requirements of Section 552.021 if it is

information considered to be confidential by law, either

constitutional, statutory, or by judicial decision.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.102. EXCEPTION: PERSONNEL INFORMATION. (a)

Information is excepted from the requirements of Section 552.021

if it is information in a personnel file, the disclosure of which

would constitute a clearly unwarranted invasion of personal

privacy, except that all information in the personnel file of an

employee of a governmental body is to be made available to that

employee or the employee's designated representative as public

information is made available under this chapter. The exception

to public disclosure created by this subsection is in addition to

any exception created by Section 552.024. Public access to

personnel information covered by Section 552.024 is denied to the

extent provided by that section.

(b) Information is excepted from the requirements of Section

552.021 if it is a transcript from an institution of higher

education maintained in the personnel file of a professional

public school employee, except that this section does not exempt

from disclosure the degree obtained or the curriculum on a

transcript in the personnel file of the employee.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 6, eff.

Sept. 1, 1995.

Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT NEGOTIATIONS

INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a) Information

is excepted from the requirements of Section 552.021 if it is

information relating to litigation of a civil or criminal nature

to which the state or a political subdivision is or may be a

party or to which an officer or employee of the state or a

political subdivision, as a consequence of the person's office or

employment, is or may be a party.

(b) For purposes of this section, the state or a political

subdivision is considered to be a party to litigation of a

criminal nature until the applicable statute of limitations has

expired or until the defendant has exhausted all appellate and

postconviction remedies in state and federal court.

body or an officer or employee of a governmental body is excepted

from disclosure under Subsection (a) only if the litigation is

pending or reasonably anticipated on the date that the requestor

applies to the officer for public information for access to or

duplication of the information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 6, eff.

Sept. 1, 1999.

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR

BIDDING. (a) Information is excepted from the requirements of

Section 552.021 if it is information that, if released, would

give advantage to a competitor or bidder.

(b) The requirement of Section 552.022 that a category of

information listed under Section 552.022(a) is public information

and not excepted from required disclosure under this chapter

unless expressly confidential under law does not apply to

information that is excepted from required disclosure under this

section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff.

June 15, 2001.

Sec. 552.105. EXCEPTION: INFORMATION RELATED TO LOCATION OR

PRICE OF PROPERTY. Information is excepted from the requirements

of Section 552.021 if it is information relating to:

(1) the location of real or personal property for a public

purpose prior to public announcement of the project; or

(2) appraisals or purchase price of real or personal property

for a public purpose prior to the formal award of contracts for

the property.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.106. EXCEPTION: CERTAIN LEGISLATIVE DOCUMENTS. (a) A

draft or working paper involved in the preparation of proposed

legislation is excepted from the requirements of Section 552.021.

(b) An internal bill analysis or working paper prepared by the

governor's office for the purpose of evaluating proposed

legislation is excepted from the requirements of Section 552.021.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1437, Sec. 1, eff.

June 20, 1997.

Sec. 552.107. EXCEPTION: CERTAIN LEGAL MATTERS. Information is

excepted from the requirements of Section 552.021 if:

(1) it is information that the attorney general or an attorney

of a political subdivision is prohibited from disclosing because

of a duty to the client under the Texas Rules of Evidence or the

Texas Disciplinary Rules of Professional Conduct; or

(2) a court by order has prohibited disclosure of the

information.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 8.014, eff. September 1, 2005.

Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS,

AND PROSECUTORIAL INFORMATION. (a) Information held by a law

enforcement agency or prosecutor that deals with the detection,

investigation, or prosecution of crime is excepted from the

requirements of Section 552.021 if:

(1) release of the information would interfere with the

detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection,

investigation, or prosecution of crime only in relation to an

investigation that did not result in conviction or deferred

adjudication;

(3) it is information relating to a threat against a peace

officer or detention officer collected or disseminated under

Section 411.048; or

(4) it is information that:

(A) is prepared by an attorney representing the state in

anticipation of or in the course of preparing for criminal

litigation; or

(B) reflects the mental impressions or legal reasoning of an

attorney representing the state.

(b) An internal record or notation of a law enforcement agency

or prosecutor that is maintained for internal use in matters

relating to law enforcement or prosecution is excepted from the

requirements of Section 552.021 if:

(1) release of the internal record or notation would interfere

with law enforcement or prosecution;

(2) the internal record or notation relates to law enforcement

only in relation to an investigation that did not result in

conviction or deferred adjudication; or

(3) the internal record or notation:

(A) is prepared by an attorney representing the state in

anticipation of or in the course of preparing for criminal

litigation; or

(B) reflects the mental impressions or legal reasoning of an

attorney representing the state.

Section 552.021 information that is basic information about an

arrested person, an arrest, or a crime.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1231, Sec. 1, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 474, Sec. 6, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

557, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

557, Sec. 4, eff. September 1, 2005.

Sec. 552.109. EXCEPTION: CERTAIN PRIVATE COMMUNICATIONS OF AN

ELECTED OFFICE HOLDER. Private correspondence or communications

of an elected office holder relating to matters the disclosure of

which would constitute an invasion of privacy are excepted from

the requirements of Section 552.021.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.110. EXCEPTION: TRADE SECRETS; CERTAIN COMMERCIAL OR

FINANCIAL INFORMATION. (a) A trade secret obtained from a

person and privileged or confidential by statute or judicial

decision is excepted from the requirements of Section 552.021.

(b) Commercial or financial information for which it is

demonstrated based on specific factual evidence that disclosure

would cause substantial competitive harm to the person from whom

the information was obtained is excepted from the requirements of

Section 552.021.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1319, Sec. 7, eff.

Sept. 1, 1999.

Sec. 552.111. EXCEPTION: AGENCY MEMORANDA. An interagency or

intraagency memorandum or letter that would not be available by

law to a party in litigation with the agency is excepted from the

requirements of Section 552.021.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 552.112. EXCEPTION: CERTAIN INFORMATION RELATING TO

REGULATION OF FINANCIAL INSTITUTIONS OR SECURITIES. (a)

Information is excepted from the requirements of Section 552.021

if it is information contained in or relating to examination,

operating, or condition reports prepared by or for an agency

responsible for the regulation or supervision of financial

institutions or securities, or both.

(b) In this section, "securities" has the meaning assigned by

The Securities Act (Article 581-1 et seq., Vernon's Texas Civil

Statutes).

552.021 if it is information submitted by an individual or other

entity to the Texas Legislative Council, or to any state agency

or department overseen by the Finance Commission of Texas and the

information has been or will be sent to the Texas Legislative

Council, for the purpose of performing a statistical or

demographic analysis of information subject to Section 323.020.

However, this subsection does not except from the requirements of

Section 552.021 information that does not identify or tend to

identify an individual or other entity and that is subject to

required public disclosure under Section 323.020(e).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 918, Sec. 2, eff. June

20, 2003.

Sec. 552.113. EXCEPTION: GEOLOGICAL OR GEOPHYSICAL INFORMATION.

(a) Information is excepted from the requirements of Section

552.021 if it is:

(1) an electric log confidential under Subchapter M, Chapter 91,

Natural Resources Code;

(2) geological or geophysical information or data, including

maps concerning wells, except information filed in connection

with an application or proceeding before an agency; or

(3) confidential under Subsections (c) through (f).

(b) Information that is shown to or examined by an employee of

the General Land Office, but not retained in the land office, is

not considered to be filed with the land office.

(1) "Confidential material" includes all well logs, geological,

geophysical, geochemical, and other similar data, including maps

and other interpretations of the material filed in the General

Land Office:

(A) in connection with any administrative application or

proceeding before the land commissioner, the school land board,

any board for lease, or the commissioner's or board's staff; or

(B) in compliance with the requirements of any law, rule, lease,

or agreement.

(2) "Basic electric logs" has the same meaning as it has in

Chapter 91, Natural Resources Code.

(3) "Administrative applications" and "administrative

proceedings" include applications for pooling or unitization,

review of shut-in royalty payments, review of leases or other

agreements to determine their validity, review of any plan of

operations, review of the obligation to drill offset wells, or an

application to pay compensatory royalty.

(d) Confidential material, except basic electric logs, filed in

the General Land Office on or after September 1, 1985, is public

information and is available to the public under Section 552.021

on and after the later of:

(1) five years from the filing date of the confidential

material; or

(2) one year from the expiration, termination, or forfeiture of

the lease in connection with which the confidential material was

filed.

(e) Basic electric logs filed in the General Land Office on or

after September 1, 1985, are either public information or

confidential material to the same extent and for the same periods

provided for the same logs by Chapter 91, Natural Resources Code.

A person may request that a basic electric log that has been

filed in the General Land Office be made confidential by filing

with the land office a copy of the written request for

confidentiality made to the Railroad Commission of Texas for the

same log.

(f) The following are public information:

(1) basic electric logs filed in the General Land Office before

September 1, 1985; and

(2) confidential material, except basic electric logs, filed in

the General Land Office before September 1, 1985, provided, that

Subsection (d) governs the disclosure of that confidential

material filed in connection with a lease that is a valid and

subsisting lease on September 1, 1995.

(g) Confidential material may be disclosed at any time if the

person filing the material, or the person's successor in interest

in the lease in connection with which the confidential material

was filed, consents in writing to its release. A party consenting

to the disclosure of confidential material may restrict the

manner of disclosure and the person or persons to whom the

disclosure may be made.

(h) Notwithstanding the confidential nature of the material

described in this section, the material may be used by the

General Land Office in the enforcement, by administrative

proceeding or litigation, of the laws governing the sale and

lease of public lands and minerals, the regulations of the land

office, the school land board, or of any board for lease, or the

terms of any lease, pooling or unitization agreement, or any

other agreement or grant.

(i) An administrative hearings officer may order that

confidential material introduced in an administrative proceeding

remain confidential until the proceeding is finally concluded, or

for the period provided in Subsection (d), whichever is later.

(j) Confidential material examined by an administrative hearings

officer during the course of an administrative proceeding for the

purpose of determining its admissibility as evidence shall not be

considered to have been filed in the General Land Office to the

extent that the confidential material is not introduced into

evidence at the proceeding.

(k) This section does not prevent a person from asserting that

any confidential material is exempt from disclosure as a trade

secret or commercial information under Section 552.110 or under

any other basis permitted by law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 8, eff.

Sept. 1, 1995.

Sec. 552.114. EXCEPTION: STUDENT RECORDS. (a) Information is

excepted from the requirements of Section 552.021 if it is

information in a student record at an educational institution

funded wholly or partly by state revenue.

(b) A record under Subsection (a) shall be made available on the

request of:

(1) educational institution personnel;

(2) the student involved or the student's parent, legal

guardian, or spouse; or

(3) a person conducting a child abuse investigation required by

Subchapter D, Chapter 261, Family Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.38, eff.

Sept. 1, 1997.

Sec. 552.115. EXCEPTION: BIRTH AND DEATH RECORDS. (a) A birth

or death record maintained by the bureau of vital statistics of

the Texas Department of Health or a local registration official

is excepted from the requirements of Section 552.021, except

that:

(1) a birth record is public information and available to the

public on and after the 75th anniversary of th

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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