Texas Public Information Act

Response Timeline

Business days. Agency must 'promptly' produce records or request an Attorney General ruling within 10 business days. If requesting AG ruling, agency has additional time while ruling is pending (typically 45 business days for AG decision).

Any person may request records. No residency, citizenship, or purpose requirement. Cannot be required to provide ID unless necessary to establish right to information (e.g., records about yourself).

How to Submit a Request

Accepted Methods

• Email
• Mail
• Fax
• In person
• Portal

Requests should be in writing and directed to the governmental body's public information officer. Many agencies have designated email addresses or online portals. Verbal requests are not recommended as they may not trigger statutory deadlines.

Required Elements

• Description — Describe the information requested with reasonable specificity
• Contact info — Provide name and address (physical or email) for response

Optional Elements

• Preferred format — Request electronic format if preferred
• Statement of purpose — May help narrow request but NOT required - agencies cannot demand purpose

Fees

Texas allows charges for personnel time (after first 15 minutes free), unlike California. However, agencies must provide an itemized estimate if charges exceed $40. You can narrow your request to reduce costs.

Fee Waivers

• Requesters who cannot afford to pay may request waiver or reduction of fees
• Agencies may waive fees when disclosure primarily benefits the general public
• Some agencies waive or reduce fees for media requests as a matter of policy

Unlike federal FOIA, Texas does not have mandatory fee waiver categories. Waivers are generally discretionary. However, you can request a waiver based on inability to pay or public interest, and should ask about the agency's fee waiver policy.

Exemptions

• Confidential by Law
  Information confidential by law (constitutional, statutory, or judicial decision)
• Personnel Information
  Information in personnel file, if disclosure would constitute clearly unwarranted invasion of privacy
• Litigation Information
  Information relating to litigation involving the governmental body
• Competitive Bidding
  Information that would give advantage to competitor or bidder
• Agency Memoranda
  Internal communications relating to policy-making (deliberative process)
• Draft Documents
  Drafts or working papers in preparation of intra-agency or inter-agency work
• Attorney-Client Privilege
  Privileged communications between attorney and client
• Law Enforcement Information
  Information relating to detection, investigation, or prosecution of crime
• Trade Secrets
  Trade secrets and commercial or financial information
• Agency Deliberations
  Interagency or intraagency advisory opinions
• Personal Information
  Home addresses, phone numbers, SSNs of current/former employees and officials
• Motor Vehicle Records
  Personal information from motor vehicle records
• Credit Card Numbers
  Credit card, debit card, and charge card numbers

Texas has many specific exemptions. Unlike some states, agencies must request an Attorney General ruling if they want to withhold information, unless the exception is well-established. The AG ruling provides an independent check on withholding claims.

Appeal Process

Texas has a unique system where the Attorney General provides binding rulings on withholding requests. This gives requesters free administrative review without needing to go to court. Agencies that withhold without AG approval (except for well-established exceptions) can face penalties.

Request Templates

Records Retention

Tex. Gov't Code 441.158-441.204

View retention law →

Retention schedule catalog →

TSLAC's State and Local Records Management Division issues the Texas State Records Retention Schedule (RRS), adopted as administrative rule. All state agencies must submit complete retention schedules to TSLAC. If a federal or state statute specifies a longer retention period, it overrides the RRS.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Texas →
• NFOIC State FOI Resources →