Texas Public Records
Documents or information created, collated, or maintained by state and local government agencies in Texas are presumed to be part of the state's public records. Texas public records are generally accessible to state residents per the Texas Public Information Act (PIA) unless statutorily exempt.
Texas law mandates public bodies to grant individuals access to public records without demanding the reason for a request. The law also outlines processes for requesting public records and appealing a public body's refusal to release the records.
Texas public records allow Texas citizens and residents to keep their government accountable, facilitate private and public transactions, and stay updated about policies and laws that affect them.
The state's Attorney General's office, through its Open Records Division, is responsible for administering the PIA and handling records request issues.
Are Texas Records Public?
Yes. The Texas Public Information Act (Texas Gov. Code, Chapter 552) establishes the public's entitlement to information about the government's affairs at every level (state and local). Thus, residents of the Lone Star state can initiate Public Records Act requests with any agency holding the records they want to view or obtain.
However, the public's right to Texas public records is not absolute. Government agencies are not obligated to release records deemed confidential by court rules or state or federal law.
Records exempted under the PIA include:
- Trade secrets and sensitive financial information
- Private communications
- Sensitive crime scene images
- Some details regarding a convict's execution
- Information gathered during incomplete investigations
- Privileged information
- Sensitive personal information such as social security number and financial records
Other exemptions are listed in Subchapter C of the PIA.
Texas Public Records Act
The Texas Public Information Act is the primary law that ensures and regulates access to records held by government agencies in Texas. It was passed into law in 1973 and was formerly called the "Texas Open Records Act."
The PIA defines different terms applicable to the public's access, from what constitutes a public body to materials that qualify as public records. It expressly covers every record that governmental bodies are tasked with releasing to the public and those that do not qualify for disclosure. Examples of publicly available records include:
- Texas court records
- Texas property documents
- Business entity details
- Vehicle information
- Official financial transactions by government bodies
- Certain criminal records
- Texas inmate information
- Texas vital records (birth, marriage, death, and divorce records)
Note, however, that the PIA does not regulate information created, received, and maintained by the Texas Judiciary, which is publicly funded. Instead, it explicitly states, in Sec. 552.0035, that the Supreme Court of Texas is responsible for creating rules that govern access to Texas court records.
How do I Find Public Records in Texas?
To find and obtain public records in Texas, inquirers must determine the type of record being sought, identify the custodial agency, follow the agency's records request process, and pay the fees involved.
Specifying the Records or Information Required
Inquirers must identify the record of interest and the information required to facilitate its search. For example, finding a person's birth information involves requesting their birth certificate and related documents. A requester can then use that knowledge to determine whether the document is available for public inspection under state law and which agency holds the record. Other details that may required to process a public record search include:
- Case information (such as the case number)
- The event location or city (if applicable)
- Page number (for property or real estate documents)
Identifying the Record's Custodian
The body dispensing a public record determines how record seekers can place their requests. Knowing the correct agency helps individuals uncover the request process, choose the document format they will obtain, and plan their submission accordingly. For example, some records may be available via mail or online, and others must be viewed in person.
Determining the Fees
Viewing publicly available documents in an agency's office is free in Texas.
However, individuals interested in collecting copies of documents must pay the fee stipulated by the custodian. The PIA, in Subchapter F, empowers government bodies to impose reasonable fees commensurate with the resources and costs for a record's reproduction. While the PIA authorizes the Attorney General's office to set rules to determine fees for duplication, individuals should still review an agency's payment policies before submitting their requests.
Find Texas Public Record Free
Inquirers may view publicly available information for free on the record custodian's website. For example, certain county offices in Texas provide online resources for viewing real property information. Members of the public can access these records for free when they want to verify information to facilitate real estate transactions.
If a record is unavailable online, requesters may contact the custodian's office to find out how to view records on-site at no cost. Texan courthouses usually provide public-access computers in their lobbies to offer self-service options to visitors. In this case, the requester will only need to pay a fee to cover the cost of reproduction and certification if they need copies of the record.
What Happens if I Am Refused a Public Records Request?
In Texas, public record custodians may reject requests for any material deemed confidential by law. Section 552.301 describes the position of the PIA if an applicant's public record request is refused.
According to the law, before an individual is refused a public records request, the government agency must write to the Texas Attorney General about the request it intends to deny. The letter must request the office's decision if the Attorney General has never determined the same issue. The agency must also provide a written explanation for the denial to the requester, citing the legal reason for its decision and including its written communication with the Attorney General's office.
Requesters unsatisfied with the denial can appeal by submitting a complaint to the Attorney General, especially when the public body did not consult the Attorney General before denying the request. Appellants are advised to attach pertinent documents to their requests for review. This should include the public body's notice of denial, the initial request, and other related information. Individuals can send their complaints to the AG's Open Records Division.
In some cases, requesters can appeal to the district attorney in the county where the request was refused. That said, they have to escalate the matter to the Attorney General if the refusal is from the District Attorney's office.
Since the PIA does not include records maintained by the Texas Judiciary, the process for appealing denials for court records requests differs. Requesters are advised to submit their appeals to the Administrative Director of the Office of Court Administration.
How Long Does it Take to Obtain a Texas Public Record?
Every Public Information Act officer in each government agency is required to provide feedback to PIA requesters within 10 business days. They may notify the requester that they need more time to process the request and propose a reasonable timeline for when the records will be available.
It is also crucial for requesters to review a respective agency's response policy to know the average timeline it takes to process and provide public records.
Sec. 552.225 of the PIA tasks requesters to inspect released records within 10 days from when the custodian makes it available. They may forfeit their chance to view the records if 10 days elapse and they do not file a request to extend the period for viewing the provided documents.
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