Public records by state · Texas
Texas Public Information Act: fees, the attorney general ruling, deadlines
The Public Information Act is Government Code chapter 552: what a governmental body may charge, the ten business day clock on anything it wants to withhold, and what a wrongful denial costs.
Request volume keeps climbing. AI-generated requests, social media, and reporters add to the queue, and records staff does not grow with it. In most offices review still happens one page at a time in Adobe, by one or two people. Texas adds its own pressure: marking anything for withholding starts a clock to Austin.
PRODUCE
“Promptly”
As soon as possible under the circumstances, without delay. Gov't Code 552.221(a).
PAST 10 DAYS
Certify in writing
Set a date and hour when records will be ready. Gov't Code 552.221(d).
WITHHOLD
10 business days
To ask the attorney general and state the exceptions. Gov't Code 552.301(b).
Fees
What a governmental body may charge. The 50 page line.
Small paper requests are nearly free to the requestor. For 50 or fewer pages of paper records, the charge may not include costs of materials, labor, or overhead, only the charge per page photocopied. Gov't Code 552.261(a).
Above the line, the charge changes character. It may then reasonably include all costs related to reproducing the information, including costs of materials, labor, and overhead. Gov't Code 552.261(a).
THE CLOCK IS THE REAL COST
The fee schedule is the small number. On 50 paper pages or fewer the body eats every hour of handling, and bigger jobs are capped by a written estimate. The real budget number is the ten business day deadline to ask Austin about anything the body wants to withhold.
The attorney general sets the rates by rule; they live in the attorney general's cost rules, title 1, chapter 70 of the Texas Administrative Code.
| Situation | The rule | Where |
|---|---|---|
| Pages in unconnected buildings or remote storage | The 50 page limit does not apply. | Gov't Code 552.261(a) |
| Estimated charges over $40 | Written itemized statement before the work. | Gov't Code 552.2615(a) |
| Estimate grows 20 percent or more | Updated itemized statement, and the final bill is capped by it. | Gov't Code 552.2615(c) |
- Silence withdraws the request. No written response to the itemized statement within 10 business days means the request is considered withdrawn. Gov't Code 552.2615(b).
- Overcharges route to Austin. A requestor may complain in writing to the attorney general. Without good faith behind the numbers, the body owes three times the overcharge. Gov't Code 552.269.
The signature process
Withholding runs through the attorney general.
A governmental body cannot deny a request on its own signature. To withhold under a Subchapter C exception it must ask the attorney general for a ruling, unless a previous determination covers the information. Gov't Code 552.301(a).
Three deadlines, one request
Day 10: ask. Ask the attorney general for a ruling, stating which exceptions apply, not later than the 10th business day after the written request arrives. Gov't Code 552.301(b).
Day 10: tell the requestor. In the same window, tell the requestor in writing and share a copy of the letter to the attorney general, redacted if needed. Gov't Code 552.301(d).
Day 15: brief it. Submit written comments on why the exceptions apply, the request itself, proof of its receipt date, and the records or samples, labeled by exception. The requestor gets a copy of the comments. Gov't Code 552.301(e), (e-1).
MISS THE DEADLINE
Fail to ask on time, or skip the required notices, and the information is presumed public: released unless there is a compelling reason to withhold it. Gov't Code 552.302.
PREVIOUS DETERMINATIONS
If a prior ruling held the precise information public, the body must release it and may not ask again. Gov't Code 552.301(f). Withholding under a previous determination requires notice within 10 business days identifying it. Gov't Code 552.221(g).
When a denial goes wrong
What a wrongful denial costs.
Civil
Mandamus, and the fee award
A requestor or the attorney general may sue for a writ of mandamus when the body refuses to ask for a ruling or to supply information, including what the attorney general has held public. Gov't Code 552.321(a).
The court shall assess litigation costs and reasonable attorney fees for a plaintiff who substantially prevails, unless the body reasonably relied on a court order, a published appellate opinion, or a written attorney general decision. Gov't Code 552.323(a).
Criminal
A misdemeanor with a name on it
An officer who with criminal negligence fails or refuses to provide access commits a misdemeanor: a fine up to $1,000, up to six months in county jail, or both. Gov't Code 552.353(a), (e).
A pending request for an attorney general decision is an affirmative defense. Gov't Code 552.353(b).
The clock
Promptly, with a ten day tripwire.
The production standard is promptly. That means as soon as possible under the circumstances, within a reasonable time, without delay. Gov't Code 552.221(a).
Ten business days is the tripwire. An officer who cannot produce within 10 business days must certify that in writing and set a date and hour when the records will be ready. Gov't Code 552.221(d).
- Nothing responsive. Written notice to the requestor by the 10th business day. Gov't Code 552.221(f).
- The 60 day walk away. A request is considered withdrawn if the requestor does not inspect or pay within 60 days. Gov't Code 552.221(e).
Exceptions
The exceptions, and the marks that skip Austin.
Subchapter C holds the exceptions, Sections 552.101 through 552.164. Gov't Code 552.101. Seen most:
- 552.101 Confidential by law. Constitutional, statutory, or by judicial decision.
- 552.103 Litigation. Litigation involving the state or a political subdivision, pending or reasonably anticipated.
- 552.107 Certain legal matters. Information an attorney is barred from disclosing by a duty to the client.
- 552.108 Law enforcement and prosecution. Release would interfere with detecting, investigating, or prosecuting crime. Basic arrest information still comes out promptly.
- 552.117 and 552.1175 Personal safety. Home addresses, phone numbers, and family information of covered employees, peace officers, and prosecutors.
- 552.130 Motor vehicle records. Licenses, titles, registrations, and personal identification documents.
- 552.136 Card and account numbers. Credit, debit, and charge card numbers, and other access device numbers.
Some marks skip the ruling. A body may redact motor vehicle record information without an attorney general decision, Gov't Code 552.130(c), and the same is true for card and access device numbers, Gov't Code 552.136(c).
The notice duty stays. The requestor gets, on the attorney general's form, a description of the redaction, the section relied on, and instructions for seeking a ruling on it. Gov't Code 552.130(e), 552.136(e).
The act
What counts, and who is covered.
Public information is broad. It covers information written, produced, collected, assembled, or maintained in connection with official business, by or for a governmental body. Gov't Code 552.002(a). Any electronic communication about official business counts, on any device. Gov't Code 552.002(a-2).
Governmental body is broad too. It reaches state agencies, county commissioners courts, city councils, school boards, and special districts, plus the part of any organization supported in whole or in part by public funds. The judiciary is outside the act. Gov't Code 552.003(1).
Practical notes
For the person actually answering requests.
- Decide early whether anything will be withheld. The ruling request has a hard 10 business day limit that does not wait for the review to finish. Gov't Code 552.301(b).
- Send the estimate before the work. Over $40 means an itemized written statement first, and the final bill is capped by it. Gov't Code 552.2615(a), (d).
- Keep a file of previous determinations. A prior ruling on the precise information means no new ask, and the notice citing it is due within 10 business days. Gov't Code 552.221(g).
Texas Public Information Act questions, answered from the statute
How long does a Texas governmental body have to respond to a public information request?
Promptly: as soon as possible under the circumstances, within a reasonable time, without delay. A body that cannot produce within 10 business days must certify that in writing and set a date and hour when it will be available. Gov't Code 552.221.
Can a Texas governmental body charge for labor on a public information request?
For 50 or fewer pages of paper records, no: the charge is limited to the per page copy charge, with no materials, labor, or overhead, unless the pages sit in unconnected buildings or remote storage. Larger requests may include all costs reasonably related to reproduction. Gov't Code 552.261(a).
What happens if a governmental body misses the attorney general ruling deadline?
The information is presumed public and must be released unless there is a compelling reason to withhold it. The deadline is the 10th business day: ask the attorney general, state the exceptions, and give the requestor the required notices. Gov't Code 552.301, 552.302.
What can a Texas governmental body redact without an attorney general ruling?
Motor vehicle record information under Section 552.130(c), and card and access device numbers under Section 552.136(c). The requestor gets a description of the redaction on the attorney general's form, the section relied on, and instructions for seeking review. Gov't Code 552.130, 552.136.
What does a wrongful denial cost a Texas governmental body?
A requestor or the attorney general may sue for a writ of mandamus. A plaintiff who substantially prevails is awarded litigation costs and reasonable attorney fees unless the body reasonably relied on a court order, a published appellate opinion, or a written attorney general decision. Criminally negligent refusal is also a misdemeanor for the officer personally. Gov't Code 552.321, 552.323, 552.353.
How should a Texas governmental body handle a request for a whole email export?
Email about official business is public information, on any device. Gov't Code 552.002. Produce promptly what is public. Anything marked for withholding starts the 10 business day attorney general clock. Gov't Code 552.301.
This page is general information, not legal advice. The statute is the authority: read it at statutes.capitol.texas.gov and check anything that matters before it goes out.
The ten days go fast.
Texas gives a records office ten business days to decide what to withhold and ask for a ruling. RecordBeacon reads a records set, including whole email exports, flags content that may be exempt, and holds every mark for a named reviewer. The release records who decided what, which is the record you want when a withholding is challenged. The first fifteen documents are free with no card.
Or read how it works on the public records software page.