Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In Texas, the primary statute governing the public's access to government records is the Texas Public Information Act (TPIA), which is similar to the federal Freedom of Information Act (FOIA). The TPIA is designed to ensure that the public has access to information held by governmental bodies, with the presumption that all government information is available to the public unless expressly made confidential by law. Citizens can request to inspect or obtain copies of government records, and governmental entities are required to respond promptly. However, there are exceptions that allow governmental bodies to withhold certain records from disclosure, such as information that would invade personal privacy, confidential by law, or endanger public safety. If a governmental entity determines that the requested information falls under an exception, it must seek a decision from the Texas Attorney General's Office, which reviews the matter and issues a ruling on whether the information must be disclosed or may be lawfully withheld.
