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.
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Sec. 552.024. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER.
(a) Except as provided by Subsection (a-1), each employee or official of a governmental body and each former employee or official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, emergency contact information, or social security number, or that reveals whether the person has family members.
(a-1) A school district may not require an employee or former employee of the district to choose whether to allow public access to the employee's or former employee's social security number.
(b) Each employee and official and each former employee and official shall state that person's choice under Subsection (a) to the main personnel officer of the governmental body in a signed writing not later than the 14th day after the date on which:
(1) the employee begins employment with the governmental body;
(2) the official is elected or appointed; or
(3) the former employee or official ends service with the governmental body.
(c) If the employee or official or former employee or official chooses not to allow public access to the information:
(1) the information is protected under Subchapter C; and
(2) the governmental body may redact the information from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.
(c-1) If, under Subsection (c)(2), a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter. The attorney general by rule shall establish procedures and deadlines for receiving information necessary to decide the matter and briefs from the requestor, the governmental body, and any other interested person. The attorney general shall promptly render a decision requested under this subsection, determining whether the redacted or withheld information was excepted from required disclosure to the requestor, not later than the 45th business day after the date the attorney general received the request for a decision under this subsection. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the requestor, the governmental body, and any interested person who submitted necessary information or a brief to the attorney general about the matter. The requestor or the governmental body may appeal a decision of the attorney general under this subsection to a Travis County district court.
(c-2) A governmental body that redacts or withholds information under Subsection (c)(2) shall provide the following information to the requestor on a form prescribed by the attorney general:
(1) a description of the redacted or withheld information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.
(d) If an employee or official or a former employee or official fails to state the person's choice within the period established by this section, the information is subject to public access.
(e) An employee or official or former employee or official of a governmental body who wishes to close or open public access to the information may request in writing that the main personnel officer of the governmental body close or open access.
(f) This section does not apply to a person to whom Section 552.1175 applies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 5, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 119, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 283 (S.B. 1068), Sec. 1, eff. June 4, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 183 (H.B. 2961), Sec. 1, eff. September 1, 2013.
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Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION
(a) Information is excepted from the requirements of Section 552.021 if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:
(1) a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as defined by Article 2.12, Code of Criminal Procedure, or a current or honorably retired security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Section 76.004(b), regardless of whether the officer or employee complies with Section 552.024 or 552.1175;
(7) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(8) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code, regardless of whether the current or former officer complies with Section 552.024 or 552.1175;
(10) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former attorney complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge, as those terms are defined by Section 1.005, Election Code, a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a family member of a current or former federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge;
(16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services, regardless of whether the caseworker or investigator complies with Section 552.024 or 552.1175, or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;
(17) an elected public officer, regardless of whether the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender and the spouse or child of the current or former attorney or public defender, regardless of whether the person complies with Section 552.024 or 552.1175; or
(19) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code, regardless of whether the firefighter or volunteer firefighter or emergency medical services personnel comply with Section 552.024 or 552.1175, as applicable.
(b) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
(c) In this section, "family member" has the meaning assigned by Section 31.006, Finance Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 512, Sec. 1, eff. May 31, 1997; Acts 1999, 76th Leg., ch. 1318, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 119, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 947, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 621 (H.B. 455), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 953 (H.B. 1046), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 9, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 170 (H.B. 2152), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 527 (H.B. 1311), Sec. 1, eff. June 16, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 17, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1006 (H.B. 1278), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 367 (H.B. 1351), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 633 (S.B. 1494), Sec. 1, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 7, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1213 (S.B. 662), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 4, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 65 (H.B. 1082), Sec. 1, eff. May 19, 2021.
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 8, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 9, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 507 (S.B. 56), Sec. 1, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 590 (S.B. 841), Sec. 2, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 9.010, eff. September 1, 2021.
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Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS.
(a) This section applies only to:
(1) current or honorably retired peace officers as defined by Article 2.12, Code of Criminal Procedure, or special investigators as described by Article 2.122, Code of Criminal Procedure;
(2) current or honorably retired county jailers as defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;
(4) commissioned security officers as defined by Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(5-a) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(6) officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators of the United States as described by Article 2.122(a), Code of Criminal Procedure;
(8) current or honorably retired police officers and inspectors of the United States Federal Protective Service;
(9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement;
(10) current or former juvenile probation and detention officers certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;
(12) current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department;
(13) federal judges and state judges as defined by Section 1.005, Election Code;
(14) current or former employees of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office;
(15) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code; and
(19) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender.
(b) Information that relates to the home address, home telephone number, emergency contact information, date of birth, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates:
(1) chooses to restrict public access to the information; and
(2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.
(c) A choice made under Subsection (b) remains valid until rescinded in writing by the individual.
(d) This section does not apply to information in the tax appraisal records of an appraisal district to which Section 25.025, Tax Code, applies.
(e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
(f) A governmental body may redact information that must be withheld under Subsection (b) from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.
(g) If, under Subsection (f), a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter. The attorney general by rule shall establish procedures and deadlines for receiving information necessary to decide the matter and briefs from the requestor, the governmental body, and any other interested person. The attorney general shall promptly render a decision requested under this subsection, determining whether the redacted or withheld information was excepted from required disclosure to the requestor, not later than the 45th business day after the date the attorney general received the request for a decision under this subsection. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the requestor, the governmental body, and any interested person who submitted necessary information or a brief to the attorney general about the matter. The requestor or the governmental body may appeal a decision of the attorney general under this subsection to a Travis County district court.
(h) A governmental body that redacts or withholds information under Subsection (f) shall provide the following information to the requestor on a form prescribed by the attorney general:
(1) a description of the redacted or withheld information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.
Added by Acts 2001, 77th Leg., ch. 119, Sec. 3, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 947, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 715 (S.B. 450), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 715 (S.B. 450), Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 621 (H.B. 455), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 283 (S.B. 1068), Sec. 2, eff. June 4, 2009.
Acts 2009, 81st Leg., R.S., Ch. 732 (S.B. 390), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 927 (S.B. 1638), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 953 (H.B. 1046), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1632), Sec. 3, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 527 (H.B. 1311), Sec. 2, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 9.008, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 14, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1006 (H.B. 1278), Sec. 2, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 367 (H.B. 1351), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 367 (H.B. 1351), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 633 (S.B. 1494), Sec. 2, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 633 (S.B. 1494), Sec. 3, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1146 (H.B. 2910), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1213 (S.B. 662), Sec. 2, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1213 (S.B. 662), Sec. 3, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 5, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 6, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 65 (H.B. 1082), Sec. 2, eff. May 19, 2021.
Acts 2021, 87th Leg., R.S., Ch. 507 (S.B. 56), Sec. 2, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 590 (S.B. 841), Sec. 3, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 9.011, eff. September 1, 2021.
Sec. 552.1176. CONFIDENTIALITY OF CERTAIN INFORMATION MAINTAINED BY STATE BAR.
(a) Information that relates to the home address, home telephone number, electronic mail address, social security number, or date of birth of a person licensed to practice law in this state that is maintained under Chapter 81 is confidential and may not be disclosed to the public under this chapter if the person to whom the information relates:
(1) chooses to restrict public access to the information; and
(2) notifies the State Bar of Texas of the person's choice, in writing or electronically, on a form provided by the state bar.
(b) A choice made under Subsection (a) remains valid until rescinded in writing or electronically by the person.
(c) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 95 (H.B. 1237), Sec. 1, eff. September 1, 2007.
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Sec. 552.150. EXCEPTION: CONFIDENTIALITY OF INFORMATION THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL DISTRICT.
(a) Information in the custody of a hospital district that relates to an employee or officer of the hospital district is excepted from the requirements of Section 552.021 if:
(1) it is information that, if disclosed under the specific circumstances pertaining to the individual, could reasonably be expected to compromise the safety of the individual, such as information that describes or depicts the likeness of the individual, information stating the times that the individual arrives at or departs from work, a description of the individual's automobile, or the location where the individual works or parks; and
(2) the employee or officer applies in writing to the hospital district's officer for public information to have the information withheld from public disclosure under this section and includes in the application:
(A) a description of the information; and
(B) the specific circumstances pertaining to the individual that demonstrate why disclosure of the information could reasonably be expected to compromise the safety of the individual.
(b) On receiving a written request for information described in an application submitted under Subsection (a)(2), the officer for public information shall:
(1) request a decision from the attorney general in accordance with Section 552.301 regarding withholding the information; and
(2) include a copy of the application submitted under Subsection (a)(2) with the request for the decision.
(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 609, Sec. 1, eff. June 17, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 609 (S.B. 470), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 35, eff. September 1, 2011.
Sec. 552.152. EXCEPTION: CONFIDENTIALITY OF INFORMATION CONCERNING PUBLIC EMPLOYEE OR OFFICER PERSONAL SAFETY. Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of Section 552.021 if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm.
Added by Acts 2009, 81st Leg., R.S., Ch. 283 (S.B. 1068), Sec. 4, eff. June 4, 2009.
Redesignated from Government Code, Section 552.151 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(20), eff. September 1, 2011.
