The Public Information ActThe Public Information Act
Texas Government Code, Chapter 552, gives you the right to access government records; and an oflicer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to tlie disclosure of the information. Governmental bodies shall promptly release requested infonnation that is not confidential by law, either constitmional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. Rights of Requestors Ynu have the right to: •Prompt access to information that is not confidential or otherwise protected;•Receive Lrcatmcm equal to all other rcqucstors, includingaccommodation in accordance with the Americans withDisabilities Act (ADA) requirements;•Receive ce11ai11 kinds oflnformatio11 without exceptions,like the voting record of public officials, and olhcrinfonnation;•Receive a written statement of estimated charges, whencharges will exceed $40, in advance of work being started and opportunity to modify Lhe request in response to the itemizedslatement;•Choose whclher to inspect the requested infonnation (mostoften at no charge), receive copies of the infonnation or both;•A waiver or reduction of charges if the governmental bodydetermines that access to the information primarily bcnciitsthe general public;•Receive a copy of the communic11tion from the governmentalbody asking the Office of the Attorney General for a ruling onwhether the information can be withheld under one of theaccepted exceptions, or if the communication discloses the requested information, a redacted copy;•Lodge a written complaint about overcharges for publicinformation with the Office of the Attorney General.Complaints of other possible violations may be filed with the county or district attorney of the county where thegovernmental body, other than a stale agency, is located. Ifthe complaint is against the county or district attorney, thecomplaint must be filed with the Office of the AttorneyGeneral.Responsibilities of Governmental Bodies All govemmenta/ bodies responding to injimnation requests haFe the responsibility to: •Establish reasonable procedures for inspecting or copying publicinfonmllion and inform rcqucstors of these procedures;•Treat all requestors uniformly and shall give to the requestor allreasonable comfo11 and facility, including accommodation inaccordance with ADA requirements;•Be infonned about open records laws and educate employees on therequirements of those laws;•Inform requestors of the estimated charges greater than $40 and anychanges in the estimates above 20 percent of the original estimate,and confirm that the requestor accepts the charges, has amendedthe request, or has sent a complaint of overcharges to the Office of the Attorney General, in writing before finalizing the request;•Inform the rcquestor if the information cannot be provided promptlyand set a date and time to provide it within a reasonable time; •Request a ruling from the Office of the Attorney Generalregarding any information the governmental body wishes lo withhold, and send a copy of the request for ruling, or a redacted copy, to the requcstor;•Segregate public infonnation from information tliat may bewithheld and provide that public information promptly;•Make a good faith attempt to inform third parties when theirproprietary informatioo is being requested from the governmentalbody;•Respond in writing to all written communications from the Office ofthe Attorney General regarding charges for the infonnation.Respond to the Ofticc of the Attorney General regarding complaintsabout violalions of the Act.Procedures to Obtain Information ✓Submit a request by mail, fax, email or in person according to a governmental body's reasonable procedures.✓Include enough description and detail about the infonnation requested to enable the governmental body to accurately identify and locate the infonnation requested.✓Cooperate with the governmental body's reasonable efforts to clarify the type or amount of information requested.A.Information to be released•You may review it promptly, and if it cannot be producedwithin 10 working days the public information officer willnotify you in writing ofLhc reasonable date and time when itwill be available.•Keep all appointments to inspect records and to pick upcopies. Failure to keep appointments may result in losing theopportunity to inspect the information at the time requested.Cost of Records •You must respond to any written estimate of chargeswithin 10 business days of the date the governmental bodysent it or the request is considered automaticallywithdrawn.•If estimated costs exceed$] 00.00 (or $50.00 if agovernmental body has fewer than 16 foll time employees) the governmental body may require a bond, prepayment or deposit.•You may ask the governmental body to dctcnninc whetherproviding the infonnation primarily benefits the generalpublic, resulting in a waiver or reduction of charges.•Make a timely payment for all mutually agreed charges. Agovernmental body can demand payment of overdue balancesexceeding $100.00, or obtain a security deposit, beforeprocessing additional requests from you.To request information from this governmental body, please contact: By Mail: Joni Underwood, City Clerk P.O. Box 967 Nederland, TX 77627 By e-mail to: By fax to: In person at: junderwood@ci. nederland. tx. us 409. 723.1550207 N. 12th St., Nederland, TX 77627 B.Information that may be withheld due to an exception•By the I Olli business day atler a governmental body receivesyour written request, a governmental body must:1.request an Attorney General opinion and state whichexceptions apply;2.notify the requestor of the refenal lo the AttorneyGeneral; and3.notify third parties if the request involves theirproprietary information.•Failure to request an Attorney General opinion and notify the n:qucstor within IO business days will result in a presumptionthat the infonnation is open unless there is a compellingreason to withhold it.•Requcstors may send a letter to the Attorney General arguingfor release, and may review arguments made by thegovernmental body. If the arguments disclose the requestedinformation, the requestor may obtain a redacted copy.•The Attorney General must issue a decision no later than the 45th working day from the day after the attorney generalreceived the request for a decision. The attorney general mayrequest an additional 10 working day extension.•Governmental bodies may not ask the Attorney General Lo"reconsider" an opinion.For complaints regarding failure to release public infonnation please contact your local County or District Attorney. Please ask and you will be provided with this information. •Y 011 may also contact the Office of the Attorney General,Open Government Hotline, at 512-478-6736 or toll-free at 1-877-67 3-6839.•For complaints regarding overcharges, please contact the Office of the Attorney General's Cost Rules Administrator at 512-475-2497.If you need special accomodations pursuant to the Americans with Disabilities Act (ADA), please contact our ADA coordinator, Joni Underwood, City Clerk, at 409-723-1505.----------------