Excerpt from OAG website
The Office of the Attorney General (OAG) is responsible for the integrity of the public information process under the Public Information Act (PIA) and the PIA authorizes the OAG to interpret its requirements.  The OAG serves both members of the public and governmental bodies in protecting open government under the PIA. 

The PIA helps provide a legal framework for open government and establishes a legal process for the disclosure and protection of public information.  The PIA protects the ability of the citizens to access information maintained by governmental bodies and obtain a more complete understanding of how their government works.  The OAG works to ensure governmental bodies in Texas remain open and accountable to the people they serve because open government elevates the public to their proper role as partners in leadership with governmental bodies.  The OAG strives to ensure the public and governmental bodies have the tools they need to foster this partnership.  The OAG prepares, distributes, and publishes rulings and other materials to maintain uniformity in the application of the PIA.  The OAG also provides training for governmental officials.

Page 11  A  PREFACE TO THE PUBLIC INFORMATION HANDBOOKThe Act. The Texas Public Information Act (the “Public Information Act” or the “Act”) gives the public the right to request access to government information. Below is a description of the basic procedures, rights and responsibilities under the Act.

Making a Request. The Act is triggered when a person submits a written request to a governmental body. The request must ask for records or information already in existence. The Act does not require a governmental body to create new information, to do legal research, or to answer questions. In preparing a request, a person may want to ask the governmental body what information is available.

Charges to the Requestor. A person may ask to view the information, get copies of the information, or both. If a request is for copies of information, the governmental body may charge for the copies. If a request is only for an opportunity to inspect information, then usually the governmental body may not impose a charge on the requestor. However, under certain limited circumstances a governmental body may impose a charge for access to information. All charges imposed by a governmental body for copies or for access to information must comply with the rules prescribed by the Office of the Attorney General (“OAG”), unless another statute authorizes agovernmental body to set its own charges.

Exceptions to the Act. Although the Act makes most government information available to the public, some exceptions exist. If an exception might apply and the governmental body wishes to withhold the information, the governmental body generally must, within ten business days of receiving the open records request, refer the matter to the OAG for a ruling on whether an exception applies. If the OAG rules that an exception applies, the governmental body will not release the information. If a governmental body improperly fails to release information, the Act authorizes the requestor or the OAG to file a civil lawsuit to compel the governmental body to release the information.

One of the changes to the Public Information Act (the “PIA”) as a result of the 2019 Texas Legislative Session is the creation of section 552.235 of the Government Code.  Section 552.235 requires the Office of the Attorney General (the “OAG”) to create a public information request form for use by Texas governmental bodies. The PIA requires governmental bodies, who allow requestors to use this form, to post the form on their website.  

The MUD has downloaded the Pub­lic Infor­ma­tion Request Form for your use.

Sean Abbott
Armbrust & Brown, PLLC
100 Congress Avenue, Suite 1300
Austin, Texas 78701-2744

(512) 435-2300
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