CHAPTER 552. PUBLIC INFORMATION
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.
(c) The general forms in which the media containing public
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
(C) the amount of the mandatory special or regular assessments
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.
(c) This section does not affect:
(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;
(C) the Department of Information Resources; and
(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
(C) a school district.
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.
(c) The committee shall advise the attorney general regarding
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.
(c) The attorney general shall share the information reported
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;
or
(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.
(c) A public official may designate a public information
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;
(C) in the case of a uniformed service, the members from whom
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.
(c) Information subject to Subsections (a) and (b) must be
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.
(c) This section does not apply to the Texas Mutual Insurance
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.
(c) A release of information under Subsections (a) and (b) is
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.
(c) If the employee or official or former employee or official
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.
(c) Subchapter C does not authorize withholding from the public
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.
(c) A governmental body shall allow the inspection of
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.
(c) In this section, "correctional facility" means:
(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.
(c) Information relating to litigation involving a governmental
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.
(c) This section does not except from the requirements of
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).
(c) Information is excepted from the requirements of Section
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.
(c) In this section:
(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