Texas FOIA procedures
| Texas FOIA procedures |
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| FOIA laws in Texas |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in Texas as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
How to request public records in Texas
The Texas Public Information Act, found in Texas Government Code, Chapter 552, says the following:[1]
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A person may make a written request for public information under this chapter only by delivering the request by one of the following methods to the applicable officer for public information or a person designated by that officer:
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Purpose and use
A person's purpose for requesting records may not be taken into consideration. According to Section 552.222:[3]
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The officer for public information and the officer's agent may not make an inquiry of a requestor except to establish proper identification or except as provided by Subsection (b), (c), or (c-1). (b) If what information is requested is unclear to the governmental body, the governmental body may ask the requestor to clarify the request. If a large amount of information has been requested, the governmental body may discuss with the requestor how the scope of a request might be narrowed, but the governmental body may not inquire into the purpose for which information will be used. (c) If the information requested relates to a motor vehicle record, the officer for public information or the officer's agent may require the requestor to provide additional identifying information sufficient for the officer or the officer's agent to determine whether the requestor is eligible to receive the information under Chapter 730, Transportation Code. In this subsection, "motor vehicle record" has the meaning assigned that term by Section 730.003, Transportation Code. (c-1) If the information requested includes a photograph described by Section 552.155(a), the officer for public information or the officer's agent may require the requestor to provide additional information sufficient for the officer or the officer's agent to determine whether the requestor is eligible to receive the information under Section 552.155(b).[2] |
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Section 552.223 says, "The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media."[4]
Texas law does not restrict the use of public records.
Who may request public records?
Any person may request public records in Texas. According to Section 552.001:[5]
| “ | 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.[2] | ” |
Texas is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Texas law allows public entities to charge a fee to cover the cost of responding to public records requests. According to the attorney general's office:[6]
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Subchapter F of the Public Information Act, sections 552.261 through 552.275, generally provides for allowable charges for copies of and access to public information. All charges must be calculated in accordance with the rules promulgated by the attorney general under section 552.262. The rules establish the charges, as well as methods of calculation for those charges. The rules also provide that a governmental body that is not a state agency may exceed the costs established by the rules of the attorney general by up to 25 percent. The cost rules are available on the attorney general’s website and in Part Four of this Handbook. Also available on the website is the Public Information Cost Estimate Model, a tool designed to assist the public and governmental bodies in estimating costs associated with public information requests. Section 552.261(a) allows a governmental body to recover costs related to reproducing public information. A request for copies may generally be assessed charges for labor, overhead (which is calculated as a percentage of the total labor), and materials. However, if the request is for 50 or fewer pages of paper records, only the charge for the photocopy may be imposed. Requests that require programming and/or manipulation of data may be assessed charges for those tasks also, as well as computer time to process the request.[2] |
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To view a public information cost estimate model provided by the attorney general's office, click here.
Response time
- See also: Request response times by state
Section 552.221 says, "An officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both on application by any person to the officer. In this subsection, "promptly" means as soon as possible under the circumstances, that is, within a reasonable time, without delay."[7] According to the attorney general's office:[8]
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Typically, a governmental body must “promptly” produce public information in response to your request. “Promptly” means that a governmental body may take a reasonable amount of time to produce the information and may not delay. The amount of time reasonably necessary to release information can vary depending on the facts in each case. If a governmental body will take longer than ten business days to produce the requested information, the governmental body must notify you when the information will be released. If the governmental body withholds any of the requested information, then in most cases, the governmental body must request a ruling from the Office of the Attorney General (OAG).[2] |
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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
Exemptions to the Texas Public Information Act are outlined in Texas Government Code, Chapter 552, Subchapter C.
See also
External links
- Texas Statutes
- Texas State Library and Archives - Open Records/Public Information Act
- Office of the Attorney General - Public Information Act Handbook 2020
Footnotes
- ↑ Texas Constitution and Statutes, "Government Code," accessed May 19, 2025 (Sec. 552.234)
- ↑ 2.0 2.1 2.2 2.3 2.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Constitution and Statutes, "Government Code," accessed May 19, 2025 (Sec. 552.222)
- ↑ Texas Constitution and Statutes, "Government Code," accessed May 19, 2025 (Sec. 552.223)
- ↑ Texas Constitution and Statutes, "Government Code," accessed May 19, 2025 (Sec. 552.001)
- ↑ Office of the Attorney General, "Public Information Act Handbook 2024," accessed May 19, 2025 (page 50)
- ↑ Texas Constitution and Statutes, "Government Code," accessed May 19, 2025 (Sec. 552.221)
- ↑ Office of the Attorney General, "Overview of the Public Information Act," accessed May 19, 2025
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