The Freedom of Information Act in Texas: What You Need to Know

The Freedom of Information Act in Texas: What You Need to Know

The Freedom of Information Act (FOIA) is a law that allows citizens to access government information. Texas has its own version of FOIA which is known as the Texas Public Information Act (TPIA). This law ensures that Texans have the right to access information held by state agencies and local governments.

What Does the TPIA Cover?

The TPIA applies to all governmental bodies in Texas including state agencies, counties, cities, school districts, and other local government bodies. It covers all records, except for proprietary information, trade secrets, and other confidential information. Records include emails, written documents, photographs, and electronic communications.

How to Make a Request Under the TPIA?

To make a request under the TPIA, you need to submit a written request to the governmental body that holds the information you’re seeking. The request must describe the information you’re seeking in sufficient detail to enable the governmental body to identify and locate the information requested. Requests may be made in person or by mail, fax, email, or any other means of communication.

What Happens When You Make a Request?

The governmental body has ten business days to respond to the request. The response may be in the form of providing the requested information, asking for clarification or an extension of the time limit, or denying the request. If the request is denied, the governmental body has to provide a written explanation for the denial and cite the legal authority for the denial.

What are the Costs Involved?

The TPIA allows certain charges for providing information, including personnel costs for locating, compiling, and reviewing the requested information, as well as costs of materials, shipping, or programming. However, the governmental body cannot charge for the first hour of labor for locating and compiling information. If a request must be fulfilled electronically, the governmental body may charge for the cost of accessing electronic information.

What Are Some Cases of TPIA Requests?

In 2015, Texas Attorney General Ken Paxton ruled that dashboard camera footage of a high-speed chase was public information and had to be released under the TPIA upon request by the public. Additionally, in 2020, the city of Austin was sued by an activist group after it failed to release records about police interactions with immigrants.

Conclusion

The TPIA is crucial in ensuring transparency and accountability in Texas government. Texans have the right to access records held by state agencies and local governments under the TPIA. By understanding your rights and making appropriate requests under the TPIA, you can help hold your government accountable.