How to File a Public Records Request in Texas
The Texas Public Information Act (PIA), codified at Chapter 552 of the Texas Government Code, guarantees the public's right to access government records held by state and local governmental bodies. The law presumes all government information is public and places the burden squarely on the governmental body to justify any withholding. It applies to all governmental bodies created by the state's executive or legislative branches, including cities, counties, school districts, and boards or commissions that spend or are supported by public funds. Any person — not just Texas residents — may submit a written request. If a governmental body believes information is exempt from disclosure, it must generally seek a ruling from the Office of the Attorney General's Open Records Division within 10 business days. The agency must produce non-exempt information promptly, and no later than 10 business days after receipt.
The Texas Public Information Act
- Statutory Citation
- Texas Government Code, Chapter 552 (§§ 552.001 through 552.353)
- Response Deadline
- 10 business days
- Fee Provisions
- Governmental bodies may charge for copies of public information at rates set by the Office of the Attorney General. If charges will exceed $40, the agency must provide a written, itemized estimate in advance and give the requester an opportunity to modify the request. If estimated costs exceed $100 (or $50 for agencies with fewer than 16 full-time employees), the agency may require prepayment or a deposit. Requesters may ask for a fee waiver or reduction if providing the information primarily benefits the general public. Inspecting records in person is typically free of charge.
- Key Exemptions
- The PIA lists specific statutory exceptions in Subchapter C of Chapter 552. Common exemptions include certain personnel records, pending litigation and attorney-client privileged materials, competitive bids and trade secrets, certain real estate transaction information, and law enforcement records whose release would hinder an active investigation or prosecution. Confidential information designated by other statutes — such as protected personal identifying information — is also withheld. The governmental body bears the burden of establishing that an exception applies before it may withhold information.
- Appeal Process
- Texas does not have a traditional administrative appeal process. Instead, if a governmental body believes information is exempt, it must seek a ruling from the Attorney General's Open Records Division (ORD) within 10 business days. The ORD issues a decision within 45 business days. Requesters may submit written comments to the ORD supporting disclosure. If the ORD rules for withholding, the requester may file a writ of mandamus or civil lawsuit in state district court under § 552.321. In suits brought by a requester, attorney fees may be assessed at the court's discretion when the governmental body's action was groundless under § 552.323.
- Ombudsman
- Texas does not have a dedicated public records ombudsman. Complaints and disputes are handled by the Attorney General's Open Records Division, which can be reached via the Open Government Hotline at (877) 673-6839.
City FOIA Guides in Texas
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Texas?
If you're dealing with missing records or unresponsive agencies in Texas, Project Paper Trail can help you follow the paper trail on development approvals.
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