TDCAA Community
open records request

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/916105033

July 07, 2005, 11:48
Nathan H. Chu
open records request
Hello all

I have an open records request from the ACLU. Would some kind person direct me to the proper resource to properly respond to this. Ultimately, we want to see if we can just forward this to the AG's office.

thank you

Nathan
July 07, 2005, 13:00
Scott Brumley
If you're employed by a county office under an elected official (such as a county attorney or district attorney), the elected official in charge of your office is the officer for public information and, as such, is responsible for responding to the request. The AG will evaluate and rule upon your objections to disclosure, but they will not assist you. The procedure for asserting exceptions to required disclosure under the Public Information Act is set out in subchapter G of the statute (sections 552.301 through .308). The exceptions themselves are found in subchapter C (sections 552.101 through .1425 Pay close attention to the statutory deadlines (ten business days to send request for decision to AG and serve copy on requestor, 15 days to send brief, copy of requestor's request and information/records responsive to request). You can be sure that the AG will.
July 07, 2005, 13:27
A. Diamond
The above link will take you to the AG's open government website, which might answer other questions not obvious from the statutes and give you the AG's spin on stuff.
July 07, 2005, 15:51
Nathan H. Chu
thanks all for the quick response. I will read up on those sections.

this is in reference ACLU's attempt to audit DPS by using HB 1239 (texas drug task forces under DPS).
July 07, 2005, 16:02
ML
You may not be able to get one in time to assist on this request but I'd recommend contacting the A.G.'s Office and getting their latest Public Information Handbook. It's a pretty good reference tool and it's written by the agency that is going to rule on your OR request.
July 14, 2005, 22:41
Boyd Kennedy
Others here have given you good advice. You MUST move quickly and refer the matter to the A.G. if you don't want to release the info. Point out to the A.G. exactly which clause(s) of the Public Info Act allow you to withhold the info.

If you release the info, it becomes public and
you must release it to anyone else who asks for it.