By Faith Chatham - August 23, 2007
Under the Texas Open Records law, if release of requested records are refused, those refusing to release the records must file for a waiver from the Attorney General's office within 10 working days. If they do not apply for a waiver and are not granted a waiver, they must release the records.
In a phone conversation with the Texas Attorney General's Open Record's Division on Thursday, August 23rd, I was told that TxDOT had not filed for a waiver on the request of Susie Venable for records from TxDOT on the public hearings on SH 2499 in 2003. The representative at the Attorney General's office told me that materials being under copyright is not a valid reason for not releasing the records. Those receiving the records must adhere to the copyright laws.
There are "fair use" rules for copyrighted material. The Attorney General's office advised me that the Highland Village parents group (Susie Venable) should file a complaint with their (Attorney General's office) against TxDOT. It is a simple process and does not require a lawyer. All that is necessary to file a complaint with the Attorney General's office is to write a letter explaining that you requested materials from x agency and they have refused to release it to you. Attach your letter to the agency and the letter from the agency refusing to release the materials. If it has been over 10 working days, mention that it has been more than ten days and to your knowledge, the agency has not requested a waiver.
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