Sunday, August 26, 2007

TxDOT reverses position on releasing records

By Faith Chatham - Aug. 26, 2007
Susie Venable received a letter Aug. 25th from the Dallas District TxDOT attorney, Sue Reid offering to send her the "unobtainable" transcripts of the 2003 public hearing on FM 2499. The fee will be apx. $70.00 for photocopying.
Earlier this week in a telephone call, I advised Ms. Reid to confer with the Texas Attorney General's office regarding the legality of refusing to release materials based on copyright under Freedom of Information. I also mentioned that the Attorney General's office told me that they had not received a request from TxDOT for a waiver. Under Texas Law unless a request for waiver is received by the Open Records Division of the Texas Attorney General office within 10 working days of the receipt of the request for records under the Freedom of Information Act, the agancy must release the requested records.

Read more on OPEN GOVERNMENT.
The Open Records Division also provides an Open Government Hotline,
staffed by investigators who specialize in both the Public Information Act and the Open Meetings Act. These investigators can answer questions regarding these laws and can help resolve disputes involving the open government laws. However, the Hotline cannot provide legal advice to private citizens or governmental entities. The Hotline can be reached at (512) 478-OPEN (6736) or toll-free at (877) OPEN TEX (673-6839).

Public Information Handbook 2006 Texas Attorney General

2006 Administrative Law Handbook - Texas Attorney General

2006 Open Meetings Law Made Easy - Texas Attorney General

2006 Open Meetings Act Handbook - Texas Attorney General

2006 Public Information Act Made Easy - Texas Attorney General

2006 Eminent Domain Made Easy - Texas Attorney General

Other helpful publications:
2006 Public Officers: Traps for the Unwary - Texas Attorney General

2006 Conflict of Interest Laws Made Easy - Texas Attorney General

2006 Nepotism Laws Made Easy - Texas Attorney General

2006 Ethics, Gifts and Honorarium Laws Made Easy - Texas Attorney General

2006 Dual Office Holding Laws Made Easy - Texas Attorney General

Charges for Public Information
The Open Records Section of the Office of the Attorney General (OAG) discharges the mandates set out in Government Code, Chapter 552, Subchapter A, Section 552.009; Subchapter D, Section 552.205; and Subchapter F, Sections 552.261 through 552.274.
The OAG Cost Rules Administration administers the rules promulgated by the Attorney General to determine charges and methods for charging for copies of public information, complaints from requestors regarding overcharges for copies of public information, and requests from governmental bodies for exemption from the rules or part of the rules.

Additionally, the section provides advice to governmental bodies and requestors regarding the charges and their applicability.

OAG Rules for charges
Report on Charges for Public Information
Contact the Open Records Administrator:
Postal Mail:
Hadassah Schloss
Open Records Division
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
E-mail: hadassah.schloss@oag.state.tx.us
Telephone: 512/475-2497
Fax: 512/481-1992

Need More Information?
Charges for Public Information
Open Records in Texas
Open Records Rules (Secretary of State's website)
Agency Open Records Reports Login page
Instructions for Completing the Open Records Questionnaire
Open Records Questionnaire (Word97 format)
Report on Charges for Public Information: [2000 | 2002 | 2004]
Report Regarding the Posting Information on State Agencies' Web Sites (Word97 | PDF formats)

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