Open Records – Artificial Swimming Lagoons
The Public Information Act
Texas Government Code, Chapter 552 gives you the
right to access government records; and an officer for public information and
the officer's agent may not ask why you want them. All government information
is presumed to be available to the public. Certain exceptions may apply to the
disclosure of the information. Governmental bodies shall promptly release
requested information that is not confidential by law, either constitutional,
statutory, or by judicial decision, or information for which an exception to
disclosure has not been sought.
Non-Releasable Information
Certain information may
be confidential under the Texas Public Information Act, Tex. Government Code
Ann. Chapter 552. For instance, any complaints and/or investigative information
involving hospitals on or after August 30, 1999, may be confidential and not
releasable under the Public Information Act and the Tex. Health & Safety
Code Ann. Section 241.051(d).
If you request
information that is not releasable or non-existent, you will be informed.
Procedures to Obtain Information
Requests must be in
writing.
State if you want copies or if you would like to review the items.
Reasonably identify the
records you are requesting:
1.
Name
of the facility or name of person.
2.
Address
of facility (to include: physical address, suite number, city and ZIP CODE)
3.
Specify
what you want, i.e.: application, license, license number/identifying numbers,
procedures, inspection.
4.
A
time frame for the requested information (i.e. 2002-2003 or inspection report
dated October 7, 2003).
Providing this
information will make it easier for us to quickly respond to your request. Be
as specific as possible about the information you are seeking.
Mailing Address
Records Coordinator
Public Sanitation and Retail Food Safety - Open Records MC 1987
Texas Department of State Health Services
P. O. Box 149347
Austin, Texas 78714-9347
Phone: (512) 834-6753 ext. 2054
Fax: (512) 834-6683
Email: Public Sanitation and Retail
Food Safety Open Records (foodestablishmentsopenrecords@dshs.texas.gov)
Your request should
include your name, address, e-mail address (if you have one), daytime phone
number and your fax number (if requesting a few pages, we may be able to fax
the information to you).
Please be advised
that there may be a charge for the information you are requesting.
Rights of Requestors
You have the right
to:
- Prompt
access to information that is not confidential or otherwise protected;
- Receive
treatment equal to all other requestors, including
accommodation in accordance with the Americans with Disabilities Act (ADA)
requirements;
- Receive
certain kinds of information without exceptions, like the
voting record of public officials, and other information;
- Receive
a written statement of estimated charges, when charges will exceed
$40, in advance of work being started and opportunity to modify the request in
response to the itemized statement;
- Choose
whether to inspect the requested information (most often at no charge), receive
copies of the information or both;
- A waiver or
reduction of charges if the governmental body determines that access to the
information primarily benefits the general public;
- Receive
a copy of the communication from the governmental body asking the Office of
Attorney General for a ruling on whether the information can be withheld under
one of the accepted exceptions, or if the communication discloses the requested
information, a redacted copy;
- Lodge
a written complaint about overcharges for public information with the Texas
Building and Procurement Commission. Complaints of other possible violations
may be filed with the county or district attorney of the county where the
governmental body, other than a state agency is located. If the complaint is
against the county or district attorney, the complaint must be filed with the
Office of Attorney General.
Responsibilities of Governmental Bodies
All governmental
bodies responding to information requests have the responsibility to:
- Establish reasonable
procedures for inspecting or copying public information and inform
requestors of these procedures;
- Treat all requestors
uniformly and shall give to the requestor all reasonable comfort and facility,
including accommodation in accordance with ADA requirements;
- Be
informed about open records laws and educate employees on the requirements of
those laws;
- Inform
requestors of the estimated charges greater than $40 and any changes in the
estimates above 20 percent of the original estimate, and confirm that
the requestor accepts the charges, or has amended the request, in
writing before finalizing the request;
- Inform
the requestor if the information cannot be provided promptly and set a
date and time to provide it within a reasonable time;
- Request a
ruling for the Office of Attorney General regarding any information
the governmental body wishes to withhold, and send a copy of the request for
ruling, or a redacted copy, to the requestor;
- Segregate public information from information
that may be withheld and provide that public information promptly;
- Make
a good faith attempt to inform third parties when their proprietary information
is being requested from the governmental body;
- Respond
in writing to all written communications from the Texas Building and
Procurement Commission regarding charges for the information. Respond to the
Office of Attorney General regarding complaints about violations of the Act.
Additional Resources