Texas Public Information Act Request
TO: _____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
FROM: _____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
RE: Formal
request for the production of documents.
AUTHORITY: Texas
Public Information Act Request pursuant to Texas Government Code § 552
Dear
Sir:
Under the Chapter 552, Public
Information of the Texas Government Code as stated:
Sec.
552.001. Policy; Construction.
(a) Under the
fundamental philosophy of the American constitutional form of representative
government that adheres to the principle that government is the servant and
not the master of the people, it is the policy of this state that each
person is entitled, unless otherwise expressly provided by law, at
all times to complete information about the affairs of government and the
official acts of public officials and employees. The people, in delegating authority, do not
give their public servants the right to decide what is good for the
people to know and what is not good for them to know. The people insist on remaining
informed so that they may retain control over the instruments they
have created. The provisions of this
chapter shall be liberally construed to implement this policy.
(b) This chapter
shall be liberally construed in favor of granting a request for
information. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
In response to
_________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Further:
This
is to assure you, that I will comply with Section 552.122; as you are to
comply with Section 552.261 and, for documents in excess of 50 pages,
Section 552.271. These documents should be delivered to the stated above
(FROM) address.
I
request no "speculative or hypothetical legal opinion".
I request no "creation of documents", "legal
research", opinion or advice. I request the documents showing the authority
of all actions stated herein. If no
documents are responsive to any document request, please indicate so in
your written response.
DOCUMENTS BEING REQUESTED:
COPIES
OF ALL DOCUMENTS that are in your possession, under your control, or within
your system of records, such documents which would indicate or specify:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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Texas Public Information Act
Remedy for Failure to Comply
Sec. 552.353.
Failure or Refusal of Officer for Public Information to Provide Access
to or Copying of Public Information.
(a) An officer for public information, or the officer's
agent, commits an offense if, with criminal negligence, the officer or the
officer's agent fails or refuses to give access to, or to permit
or provide copying of, public information to a requestor as provided by this
chapter.
(b) It is an affirmative defense to prosecution under
Subsection (a) that the officer for public information reasonably believed that
public access to the requested information was not required
and
that the officer:
(1)
acted in reasonable reliance on a court order or a written interpretation of
this chapter contained in an opinion of a court of record or of the attorney
general issued under Subchapter G;
(2)
requested a decision from the attorney general in accordance with Subchapter G,
and the decision is pending; or
(3)
not later than the 10th calendar day after the date of receipt of a decision by
the attorney general that the information is public, filed a petition for a
declaratory judgment, a writ of mandamus, or both, against the attorney general
in a Travis County district court seeking relief from compliance with the
decision of the attorney general, and a petition is pending.
(c)
It is an affirmative defense to prosecution under Subsection (a) that a person
or entity has, not later than the 10th calendar day after the date of receipt
by a governmental body of a decision
by
the attorney general that the information is public, filed a cause of action
seeking relief from compliance with the decision of the attorney general, and
the cause is pending.
(d) It is an affirmative defense to prosecution under
Subsection (a) that the defendant is the agent of an officer for public
information and that the agent reasonably relied on the written instruction of
the officer for public information not to disclose the public information
requested.
(e)
An offense under this section is a misdemeanor punishable by:
(1) a fine of not more
than $1,000;
(2) confinement in the
county jail for not more than six months; or
(3) both the fine and
confinement.
(f)
A violation under this section constitutes official misconduct.
Added
by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th
Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995.
If
you cannot produce this public information for inspection or duplication within
10 calendar days after the date of receiving this request, you shall so certify
to me in writing and set a date and hour within a reasonable time when the
information will be available for inspection, duplication, or be mailed to me
per § 552.221 and § 552.308.
You
shall treat this request for information uniformly without regard to the
position of the person who signs this request per § 552.223.
Sincerely,
______________________________________________
cc: Attorney
General John Cornyn
P.O.
Box 12548
Austin,
Texas 78711
CERTIFIED MAIL # ______________________________
DATE SENT ______________________
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