SYSTEM REGULATIONS
61.01.02 Public Information
April 24, 1996, Revised May 16, 1997, Revised November 12, 1997, Revised March 9, 2000, Revised February 1, 2002
Supplements System Policy 61.01
1. GENERAL
The Texas Public Information Act states that, unless otherwise expressly prohibited by law, all persons are entitled at all times to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. As used in the Act, the term "governmental body" includes boards, such as the System Board, that are within or created by the executive branch of the state government and that are under the direction of one or more elected or appointed members. "Public information" means information that is collected, assembled, or maintained by a governmental body in connection with the transaction of official business.
2. PUBLIC INFORMATION
The Act specifies types of records which are to be available to the public and provides that, with certain exceptions, all information collected, assembled, or maintained by or for governmental bodies except in those situations where the governmental body does not have either a right of access to or ownership of the information, pursuant to law or ordinance or in connection with the transaction of official business is public information and available to the public during normal business hours of any governmental body.
3. EXCEPTIONS TO DISCLOSURE REQUIREMENTS
3.1 The following items are specifically excepted from disclosure and are of particular interest to System agencies and institutions:
3.1.1 Student records at educational institutions funded wholly, or in part, by state revenue shall be made available only upon request of educational institution personnel; the student involved; that student's parent, legal guardian, or spouse; or a person conducting a child abuse investigation required by Section 34.05, Texas Family Code. Nothing in the act should be construed to require the release of information contained in education records of any educational agency or institution except in conformity with the provisions of the Family Educational and Privacy Act. System components may develop rules for the release of student records.
3.1.2 Information may not be released from personnel files if the information would, if disclosed, constitute a clearly unwarranted invasion of personal privacy. All of the information in the personnel files of an individual employee that is public information, as defined in the Act, is to be made available, however, to that individual employee or the employee's designated representative.
3.1.3 Present and former officials and employees shall decide whether to allow access to their home addresses and phone numbers. Newly-hired employees will be provided a form which, when signed and returned, will restrict such access. A change may be made in the status of the access by written notification to the personnel officer of the organization.
3.1.4 Other exceptions to public disclosure requirements include information that: (1) relates to certain litigation and settlement negotiations; (2) would give advantage to competitors or bidders; (3) pertains to the location of real or personal property for public purposes prior to public announcement of the project; (4) pertains to appraisals or purchase price of real or personal property for public purposes prior to the formal award of contracts therefor; (5) relates to certain items of historical research; and (6) includes test items developed by state institutions of higher education.
3.1.5 Separate legislation excepts from public disclosure information related to technological and scientific products, devices, or processes (including computer programs): (1) that was developed at a state institution of higher education and has a potential for being sold, traded, or licensed for a fee, or (2) that is the proprietary information of a person, partnership, corporation, or federal agency that has been disclosed to an institution of higher education solely for the purposes of a written research contract or grant that contains a provision prohibiting the institution of higher education from disclosing such proprietary information to third persons or parties. (Section 51.914, Texas Education Code, Protection of Certain Information)
4. THE OFFICER FOR PUBLIC INFORMATION
4.1 The Texas Public Information Act states that the chief administrative officer of each institution or agency shall be the Officer for Public Information, and shall be responsible for the preservation and care of the public records of the institution or agency. The Act further states that each "department head" shall be an agent of the Officer for Public Information for the purpose of complying with the Act.
4.2 It is the duty of the Officer for Public Information to see that the records are made available for public inspection and copying; that the records are carefully protected and preserved from deterioration, alteration, mutilation, loss, removal, or destruction; and that public records are repaired, renovated, or rebound when necessary to maintain them properly. It is not intended that the Officer shall be called upon to perform general research.
5. PROCEDURES FOR INSPECTION OF PUBLIC INFORMATION AND COST OF COPIES
5.1 The Officer for Public Information in each System component shall see that the component promulgates reasonable rules of procedure by which public information may be inspected efficiently, safely, and without delay. Such rules shall include assessment, collection and deposit of fees which are charged for copying the records.
5.2 The Public Information Act states that the cost to any person requesting non-certified photographic reproductions of public information, up to legal size, shall not be excessive. Maximum charges for reproduction of public information, reflecting rates approved by the Texas Building and Procurement Commission, are presented at the end of this regulation.
5.3 Public information shall be furnished without charge or at a reduced rate if the System component determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Requests for reduced charges should be in writing and addressed to the CEO or duly delegated representative.
5.4 Charges shall not be made for one copy of any public information requested from state agencies by members of the Legislature in performance of their duties.
6. APPLICATION FOR PUBLIC INFORMATION
6.1 After receiving an application for release of public information, the Officer shall promptly produce the information for inspection and/or duplication in the offices of the System component or subunit having possession of the information. Neither the Officer for Public Information nor the officer's agent shall make any inquiry of any person who applies for inspection or copying of public information except to establish proper identification and to determine which public information is being requested. All requests shall be treated uniformly without regard to the position or occupation of the requestor or because he or she is a member of the media.
6.2 If the information is unavailable within 10 business days after receiving a written request for information, the Officer shall certify this fact in writing to the applicant and set a date and hour within a reasonable time when the information will be available.
7. LIMITATIONS ON USE
7.1 The person who requests the public information must complete examination of the material within 10 days after it is made available for use. An extension of up to 20 days shall be granted upon written request.
7.2 If the information is needed by the governmental body during the time it is being examined by an individual, the period of interruption will not be included as part of the time the individual has access to the information.
7.3 Original copies of public information may not be removed from the offices of any governmental body.
8. PUBLIC INFORMATION DECISIONS
8.1 If the component receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one of the exceptions to disclosure, there must be a request for a decision from the Attorney General within 10 business days after receiving the request unless there has been a previous determination about whether the information falls within one of the exceptions. If such a decision is not requested, the information shall be presumed to be public information. Requests submitted after the 10-day limitation will be considered, but the Attorney General will presume the information to be public whereupon there must be a compelling demonstration to the contrary by the governmental body.
8.2 Information necessary to prepare an opinion request shall be submitted to the Office of General Counsel by the component's Officer for Public Information, or agent, immediately upon receipt and evaluation. Information to be submitted to the Office of General Counsel for review and for preparation of the formal request must include the following:
(1) a written request for the information, signed by the requestor, and
(2) a copy of the specific information requested, or representative samples of the information if a voluminous amount of information was requested.
The request will then be forwarded to the Attorney General by the Office of General Counsel.
9. PENALTIES
Any person who willfully destroys, mutilates, removes without permission as provided herein, or alters public information shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25 nor more than $4,000, or confined in the county jail not less than three days nor more than three months, or both such fine and confinement.
10. EMPLOYEE PUBLIC INFORMATION REQUESTS
System employees are not authorized to submit public information requests in their official capacity. Any public information request by an employee must be submitted by that employee in that employee's individual capacity as a private citizen. The willful misuse of information received through the Public Information Act may subject the employee to the loss of individual indemnification by the state. This regulation does not affect employees' access to information in their official personnel files.
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CONTACT FOR INTERPRETATION: The System Office of General Counsel
HISTORY: Last version: March 9, 2000
The Texas A&M University System Schedule of Charges and Billing Form