Release
of Information Pursuant to the
Public Information Act Issue No. 7
Effective Date: 10/30/2006
Review: March 1 E10Y
01. POLICY STATEMENTS
01.01 The
purposes of this UPPS are to:
a. summarize
the Texas
Public Information Act, hereafter referred to as the “Act”; and
b. explain the
procedures to follow after receiving a request for information from internal or
external requestors under the Act.
01.02 Related
Laws and Policies: Additional information and guidance for complying with
requests for information may be found in UPPS No. 01.04.00,
Appropriate Release of Information.
02. SUMMARY OF THE ACT
02.01 The Act
provides that all information collected, assembled, or maintained by
governmental bodies is public information and available to the public during
normal business hours, unless the information falls within certain exceptions
specified in the Act. A full and
up-to-date list of exceptions can be found at http://www.oag.state.tx.us/AG_Publications/txts/2004publicinfohb_toc.shtml.
Many of those exceptions are summarized as
follows:
a. Information
that is confidential under other specific statutes or by judicial decisions;
b. certain
personnel information that would constitute a clearly unwarranted invasion of
personal privacy (Employees who wish to protect from disclosure their home
addresses, home telephone numbers, and whether they have family members may do
so by contacting the Human Resources Office. Social security numbers are
protected from disclosure);
c. certain
information relating to litigation if the litigation is pending or reasonably
anticipated on the date the request is made;
d. information
relating to competition or bidding;
e. information
relating to the location or price of property before public announcement or
award of contract;
f. certain
legislative documents;
g. certain
legal matters;
h. certain law
enforcement records;
i. certain
private communications of an elected office-holder;
j. certain
commercial or financial information;
k. certain
memoranda containing advice, opinions, or recommendations on policy matters;
l. certain
information relating to regulation of financial institutions or securities;
m. geological
or geophysical information;
n. certain
student records;
o. certain
birth and death records;
p. certain
audit working records;
q. certain
addresses, telephone numbers, social security numbers, and personal family
information;
r. official
prescription forms;
s. photographs
of peace officers;
t. certain
rare books and original manuscripts;
u. certain
documents held for historical research;
v. certain
test items;
w. names of
applicants for chief executive officer of institutions of higher education;
x. certain
library records;
y. certain
audits;
z. names of
applicants for superintendent of public school districts;
aa. certain
information submitted by a potential vendor or contractor;
bb. personal
information relating to participants in neighborhood crime watch organizations;
cc. motor
vehicle inspection information;
dd. certain
motor vehicle records;
ee. certain
economic development information;
ff. crime
victim information.
02.02
02.03 Tangible
items such as tools and keys are not covered by the Act. Personal notes not
made or kept in the course of University business are not subject to disclosure
under the Act.
03. PROCEDURES FOR RELEASE OF INFORMATION
03.01 Notifying
the University Attorney. Persons who receive requests for information under
the Act should promptly notify the University Attorney.
a. The
University Attorney is the President's designee as officer for public records
for the purpose of complying with the Act.
b. The Act
requires that the University promptly produce public records for inspection or
duplication or both within a reasonable time.
Minimally, a written acknowledgement of requests should be provided to
requestors within ten days of receipt of the request. If the University Attorney, in consultation
with other University officials, believes that the information requested is
excepted from the required public disclosure, he or she must request a decision
from the Attorney General within ten days after receiving a written request. If
he or she fail to request a decision, the information is presumed to be public
information.
03.02 Extending
Courtesies. University employees should extend to persons requesting public
records all reasonable comfort and facility for the full exercise of the rights
granted by the Act. University employees should treat each request for information
uniformly without regard to the position or occupation of the person making the
request, the person on whose behalf the request is made, or because the
individual is a member of the news media (see UPPS No. 06.05.02,
Responding to News Media Inquiries).
03.03 Limiting
Inquiries. University employees should not make any inquiry of any person
who applies to inspect or copy records except to establish proper
identification, identify the public records being requested and obtain
clarifying details to assure accurate compliance, or establish whether the
University is authorized to refuse the request.
03.04 Determine
Availability. The University Attorney and the designated information
custodian for the office that maintains the requested information will review
the request and determine whether the information is available to the
requestor. If they believe that the
information is not available to the requestor, the University Attorney will
request a decision from the Attorney General on the issue. A decision tree (see UPPS No. 01.04.00,
Appropriate Release of Information) is available as an aid for determining
whether information should be released.
a. The
information custodian may require that applicants for records submit their
applications in writing on paper or via e-mail.
b. The Act
does not require that the University prepare new information, provide it in the
form requested, or comply with standing requests. However, if information is readily available
in the form requested, it should be provided in that form. If there is uncertainty, the University
Attorney and information custodian will together determine the best means of
providing information.
03.04 Determining
Inspection Procedures. The University Attorney and the information custodian
for the office that maintains the records will determine, on a case-by-case
basis, the procedures by which public records may be inspected efficiently,
safely, and without delay.
03.05 Charges
for Copies of Public Records. The University may require persons requesting
copies of University records to pay a reasonable reproduction charge before
delivering the copies to the requestors. These costs are set forth in UPPS No. 01.04.00,
Appropriate Release of Information.
Detailed information on charges can be found at the website of the Texas
Building & Procurement Commission at http://www.oag.state.tx.us/opinopen/pia/
by following the “TBPC Rules for charges” link. An itemized list of charges (if any) and a
statement that charges must be paid in advance should be provided to the
requestor, when applicable. The
University may, in appropriate cases, require a bond for payment of costs for
the preparation of public records.
04. REVIEWERS OF THIS UPPS
04.01 Reviewers
of this UPPS include the following:
Position Date
University Attorney March
1 E10Y
Director, University News Service March 1 E10Y
05. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents
University
Attorney; senior reviewer of this UPPS
Special
Assistant to the
President