Public Information Act Overview in Texas: Rights and Procedures
Explore the Public Information Act in Texas covering discovery, investigation guidance, details on requesting public information, and the process for appealing denials. Learn about the rights, obligations, and exceptions under the law to access governmental information promptly. Agency procedures and essential contact information are provided for reference.
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Presentation Transcript
Discovery & Investigation Joe Hoelscher Hoelscher Gebbia PLLC 3030 Nacogdoches, Ste. 222 San Antonio, TX 78217 210-222-9132
Public Information Act Tex. Gov t Code Chapter 552 Public Information Handbook https://www.texasattorneygeneral.gov/files/og /publicinfo_hb.pdf written request only (fax or email ok) good for existing documents or info may require fee (PIA Cost Hotline: 512-475- 2497) Open Records Division Hotline at (512) 478-6736 or toll-free (877) 673-6839 , your local District Attorney, or local County Attorney.
Public Information Act Agency must produce requested material promptly Must request AG opinion within 10 days May supplement within 15 days Agency must inform requestor in writing Noncompliance creates presumption that material is open to the public Lauren Downey, Public Information Coordinator Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 FAX (512) 494-8017
Public Information Act OAG will issue opinion letter, usually 45 days Agency must: release info make info available for inspection at specified time, date, and location provide notice of intent to challenge in court If not, file written complaint with OAG Open Records Division Chapter 552, Subchapter H sue to appeal OAG decision sue to compel compliance by agency
Public Information Act Any state agency (non-judicial) Sheriff District or County Attorney TCOLE Labs Prepared information manuals, SOPs contracts disciplinary files police reports Any format: video, microfilm, silk Disclosable to Clients
Public Information Act Tangible Items Excluded Private Communications Law Enforcement Exception Litigation Exception (agency as party) Work Product Confidential Information (statute, court order, etc.) Personal info of cops Student records SSN, phone numbers, addresses State Bar
Background on Cops Open_records@tcole.texas.gov Disciplinary Files Civil Service File Subpoena Use numbered list Cell phones & text messages Social Media & Internet, YouTube, Instagram Civil Case Search Divorces, Protective Orders Get transcripts ALRs, MTSs, trials
Subpoenas Duces Tecum CCP Art. 24.02 any instrument of writing or other thing desired Attach business records affidavit Do you want to let the witness get away without an appearance?
Subpoenas CCP Art. 24.03 Must contain name of witness, location, and vocation Must be made available to opposing counsel Application must state that the witnesses testimony is material helpful to the applicant Opponent entitled to rely on your subpoena, unless they also subpoena witness Coleman v. State, 966 S.W.2d 525, 527-28 (Tex.Crim.App. 1998) (6th Amendment only allows compulsory process if defense puts on evidence or proffer that testimony sought is both material and favorable to defense).
Open Records v. Subpoenas Do you want the other team to know? Scope of information sought? Who will react to the request/order? Can you enforce your request/order? suit v. maximum $500 penalty attachment (CCP Art. 24.11 and 24.12; see Clark v. State, 305 S.W.3d 351, 356 (Tex.App. - Houston [14th Dist.] 2010) for preservation of error) Is target located out of county or out of state?
Depositions/Other Hearings Timeline Authenticate materials SFST manuals, procedures Lock them into report: Is it complete? Do they recall anything not in the report? Can they be disciplined for writing an incomplete or inaccurate report? Fully examine their expertise Suggest reasons for any errors in the paperwork
