Open Records Policy

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 Office of the Attorney General. 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, has amended the request, or has sent a complaint of overcharges to the Office of the Attorney General, 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 Office of the Attorney General 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.

Cost of Records

• You must respond to any written estimate of charges within 10 business 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.

• By the 10th business day after a governmental body receives your written request, a governmental body must:
  1. request an Attorney General opinion and state which exceptions apply;
  2. notify the requestor of the referral to the Attorney General; and
  3. 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.

For fastest service, please address your request to the appropriate department at the Office of the Secretary of State:

Information about corporations and other business entities registered with this agency

In person: Corporations Section, 1019 Brazos St., Austin, TX 78701
By mail: Corporations Section, P.O. Box 13697, Austin, TX 78711-3697
By fax: (512) 463-5709
By e-mail

The Secretary of State’s computer database, including corporation and other business entity information, may also be accessed over the Internet through SOSDirect.

Information about Uniform Commercial Code Filings

In person: Uniform Commercial Code Section, 1019 Brazos St., Austin, TX 78701
By mail: Uniform Commercial Code Section, P.O. Box 13193, Austin, TX 78711-3193
By fax: (512) 475-2812
By e-mail

The Secretary of State’s computer database, including corporation and other business entity information, may also be accessed over the Internet through SOSDirect.

Elections and Voter Information

In person: Elections Division, 208 E. 10 th St., 3 rd Floor, Austin, TX 78701
By mail: Elections Division, P.O. Box 12060, Austin, TX 78711-2060
By fax: (512) 475-2811
By e-mail

Notary Public Information

In person: Notary Public Unit, 1019 Brazos St., Austin, TX 78701
By mail: Notary Public Unit, P.O. Box 13375, Austin, TX 78711-3375
By fax: (512) 463-0873
By e-mail

Authentications Information (Documents requiring an apostille or certificate for foreign use)

In person: Authentications Unit, 1019 Brazos St., Austin, TX 78701
By mail: Authentications Unit, P.O. Box 13550, Austin, TX 78711-3550
By fax: (512) 463-0873
By e-mail

Citations Information

In person: Citations Unit, 1019 Brazos St., Austin, TX 78701
By mail: Citations Unit, P.O. Box 12079, Austin, TX 78711-2079
By fax: (512) 463-0873
By e-mail

Information about filings with the Registrations Unit

In person: Registrations Unit, 1019 Brazos, St. Austin, TX 78701
By mail: Registrations Unit, P.O. Box 13550, Austin, TX 78711-3550
By fax: (512) 475-2815
By e-mail

All Other Public Information Requests

In person: Office of the General Counsel, Capitol Bldg. 1E.8, Austin, TX 78701
By mail: Office of the General Counsel, P.O. Box 12887, Austin, TX 78711-2887
By fax: (512) 475-2761
By e-mail

For complaints regarding failure to release public information please contact your local County or District Attorney. Please ask and you will be provided with this information.

• You may also contact the Office of the Attorney General, Open Government Hotline, at 478-6736 or toll-free at 1-877-673-6839.
• For complaints regarding overcharges, please contact the Office of the Attorney General's Cost Rules Administrator at 512-475-2497.

If you need a special accommodation pursuant to the Americans with Disabilities Act (ADA), please contact our ADA coordinator at 512-463-8000.

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