Texas
The biggest change
in recent history to freedom of information laws in Texas was the 1995 major
overhaul of the existing Open Records Act to include electronic records in the
state’s newly named Public Information Act, said Freedom of Information
Foundation Executive Director Katherine Garner. While Garner calls access "responsive,"
she said many access issues arise when records are confidential per Texas code,
notwithstanding the Public Information Act.
However, with the
legislature in session for the first time since September 11, some concern arises
over new bills that limit the act’s scope, including access to emergency
plans and hiked fees for electronic records. There are nearly 30 bills affecting
access to public information in the 2003 session, the majority of which the
Legislative Advisory Committee of the Texas Press Association opposes.
The law. Texas' Public Information Act applies to information in "magnetic, optical or solid state device that can store an electronic signal." The general forms that contain public information include "voice, data, or video representation held in computer memory." Tex. Gov’t Code Ann. § 552.002(b).
Records custodians
may only ask for the identification of the requestor, not why the records are
needed, and must treat all requests for information uniformly without regard
to . . . the status of the individual as a member of the media. §§
552.222(a), 552.223.
In 1997, the legislature redefined "written request" to include electronic
mail and facsimile transmission. § 552.301. Judicial records are governed
by Supreme Court of Texas rules. § 552.0035.
Texas law states that public information contained in an electronic or magnetic medium may be copied on either paper or in an electronic medium providing that the agency has the technical ability to do so. Also, the agency is not required to purchase software or hardware to comply and must adhere to copyright agreements between the government and a third party in the requested medium. § 552.228(b).
While government agencies are not required to create new information, manipulating existing data to comply with a request is allowed with certain provisions. § 552.231.
Cases &
opinions. In an opinion dealing with a request for source code, documentation
and computer program documentation standards, the attorney general said that
information "used solely as a tool to maintain, manipulate, or protect
public property" was not public. Tex. Op. Att’y Gen. ORD-581 (1990).
Records custodians must allow the public to inspect copyright material, unless
it falls under the open records law, but the custodianmay
not make copies. The requester is allowed to furnish copies "unassisted
by the state." Tex. Op. Att’y Gen. ORD-672 (1987).
Fees.
The Texas Building and Procurement Commission mandates charges for open
records per Tex. Gov’t Code Ann. § 552.009(d).
Government bodies
are not allowed to charge for the inspection of records, even in an electronic
medium, if the information is not available online. § 552.272(a).
A public agency
may not charge a copying fee for electronic records "available by direct
access on its Internet web site" but may charge if a request entails "processing,
programming, or manipulation on the government-owned or government-leased computer."
Tex. Op. Att’y Gen. ORD-668 (2000).