In 1967, Congress passed the Freedom of Information Act (FOIA), giving the public the right to access records from federal agencies.

Texas followed suit with a similar act in 1973 called the Texas Public Information Act to insure that the public has access to governmental public records.

Of course, time has passed, and a lot of people do not realize how simple it is to get public records.

Open Records Request

The request can only be for information that already exists, the governmental body is not required to do research, answer questions, or make new information.

Information must be released in a timely manner, with the agency having ten days from the date requested to inform you of an exemption.

If the agency deems the information exempted from disclosure, they must contact the Office of the Attorney General (AOG) Open Records Division (ORD) for the decision to be reviewed.

The ORD will make the final decision if information can be released to the public or not.

A person may apply for records from any governmental body in Texas by delivering a request by one of four methods:
–United States mail
–email
–hand delivery
–method(s) approved by the specific government body

Keep a copy of your request and proof that the governmental body did receive your request.

Do check online first, sometimes the information can be found online.

If you believe a governmental body has not properly responded to your Public Information Act request, contact the Open Records Hotline at 512-478-6736 or 877-673-6839.

Court Records

Court records are also considered open records, and not just when the case is finalized. They are open during the ongoing criminal procedure or civil procedure.

When dealing with court records, bear in mind that the access to them is governed by common law, statutory law and court rules.

In order to request court records a person should visit the clerk of the court the case is in to request the records.

For example: If a court case is being heard in county court, you request the information from the county clerk.

There is typically a fee for the services of printing the pages out for you to keep, although they are free to view in a variety of formats depending on office.

When in doubt, a phone call can typically get you started in the right direction for the exact document a person is wishing to view at the time.