PUBLIC INFORMATION PROGRAM: ACCESS TO PUBLIC INFORMATION

Requests for Information please contact:
Susan Houghtling, Open Records Officer
512-206-9233
susanhoughtling@tsbvi.edu

PUBLIC INFORMATION

"Public information" means information that is collected, assembled, or maintained under a law, or ordinance, or in connection with the transaction of official business by the Board, or for the Board and to which the Board has a right of access. Govt. Code 552.002(a)

AVAILABILITY

Public information is available, at a minimum, to the public during the School's normal business hours. Gov't Code 552.021

Unless they are expressly confidential under other law, categories of public information that are not excepted from required disclosure under this policy include:

A completed report, audit, evaluation, or investigation made of, for, or by, the Board except as provided in Government Code 552.108.
The name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of the School.
Information in any account, voucher, or contract relating to the receipt, or expenditure, of public funds.
The names of each official and the final record of voting on all proceedings of the Board.
All working papers, research material, and information used to estimate the need, or expenditure, of public funds, or taxes, by the Board, on completion of the estimate.
A description of the School's organization and where, from whom, and how the public may obtain information, submit information or requests, or obtain decisions.
A statement of the general course and method by which the School's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.
A rule of procedure, descriptions of forms available, or the places where forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations.
A substantive rule of general applicability adopted by the Board, and a statement of general policy, or interpretation of general applicability formulated and adopted by the Board.
Any amendment, revision, or repeal of the information described in items 6-9.
Final opinions and orders issued in adjudication of cases.
A policy statement, or interpretation, adopted by the Board.
Administrative manuals and instructions to staff that affect a member of the public.
Information regarded as open to the public under the School's policies.
Information that is in a bill for attorney's fees and that is not privileged under the attorney-client privilege, or confidential under other law.
Information that is also contained in a public court record.
A settlement agreement to which the Board is a party.

A court in this state may not order the Board or the School's officer of public information to withhold from public inspection any category of public information described above or to not produce the information for inspection or duplication, unless the information is expressly made confidential under other law.

Govt. Code 552.022

EMPLOYEE/BOARD MEMBER PERSONAL INFORMATION

Each School employee and Board member, and each former employee and Board member, shall choose whether to allow public access to School-held information relating to the person's home address, telephone number, or social security number, or any other information that reveals whether the person has family members. Employees and officers shall state their choice to the School's Human Resources Director not later than the 14th day after employment begins, or appointment to the Board occurs, or service with the School ends. If an employee, or officer, fails to state his, or her, choice within 14 days, the information is available to the public. However, Board member, or employee, may make a written request at any time to the Human Resources Director to open, or close, the information relating to the person's home address, telephone number, social security number, or any other information that reveals whether the person has family members.

Govt. Code 552.024

EVALUATIONS

An evaluation of the performance of a teacher, or administrator, is confidential.

Education Code 21.355

CREDIT CARD, DEBIT CARD, CHARGE CARD, AND ACCESS DEVICE NUMBERS

A credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for the School is confidential.

"Access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another device may be used to:

Obtain money, goods, services, or another thing of value; or
Initiate a transfer of funds other than a transfer originated solely by paper instrument.

Gov't Code 552.136

E-MAIL ADDRESSES

An e-mail address of a member of the public that is provided for the purpose of communicating electronically with the School is confidential and not subject to disclosure unless the member of the public affirmatively consents to its release.

Gov't Code 552.137

Exceptions

This confidentiality does not apply to an e-mail address:

Provided to the School by a person who has a contractual relationship with the School or by the contractor's agent;
Provided to the School by a vendor who seeks to contract with the School or by the vendor's agent;
Contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to the School in the course of negotiating the terms of a contract or potential contract; or
Provided to the School on a letterhead, coversheet, printed document, or other document made available to the public.

The School may also disclose an e-mail address for any reason to another governmental body or to a federal agency.

Gov't Code 552.137

INFORMATION EXCEPTED FROM PUBLIC DISCLOSURE

The Board or the School's officer for public information voluntarily may make part or all of its records available to the public, unless the disclosure is expressly prohibited by law or the records are confidential by law. Gov't Code 552.007

Categories of information that are not required to be disclosed to the public include:

Information considered to be confidential by law, either constitutional, statutory, or by judicial decision.

Govt. Code 552.101

Information in a personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, and transcripts from institutions of higher education maintained in files of professional employees; however, the degree obtained and the curriculum on the transcripts shall be subject to disclosure.

Govt. Code 552.102

Information relating to litigation of a civil, or criminal, nature, or settlement negotiations to which the School is, or may be, a party, or to which an officer, or employee of the School, as a consequence of the office or employment, is, or may be, a party, that the Attorney General or the respective attorneys have determined should be withheld from public inspection.

Govt. Code 552.103

Information that, if released, would give advantage to competitors, or bidders.

Govt. Code 552.104

Information pertaining to the location of real, or personal, property for public purpose prior to public announcement of the project, or information pertaining to appraisals, or purchase price, of real, or personal, property for a public purpose prior to the formal award of contracts for the property

Govt. Code 552.105

Drafts and working papers involved in the preparation of proposed policies.

Govt. Code 552.106

Information the School's attorney is prohibited from disclosing because of a duty to the School under the Texas Rules of Civil Evidence, the Texas Rules of Criminal Evidence, or the Texas Disciplinary Rules of Professional Conduct, or information that a court order has prohibited from disclosure.

Govt. Code 552.107

Under certain circumstances, information (except basic information about an arrested person, an arrest, or a crime) held by a law enforcement agency or prosecutor, including:
Information that deals with detection, investigation, or prosecution of crime; and
An internal record or notation that is maintained for internal use in matters relating to law enforcement or prosecution.

Gov't Code 552.108

Private correspondence and communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy.

Govt. Code 552.109

A trade secret obtained from a person and privileged or confidential by statute or judicial decision.

Gov't Code 552.110(a)

Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained.

Gov't Code 552.110(b)

Interagency, or intra-agency, memoranda, or letters that would not be available by law to a party in litigation with the School.

Govt. Code 552.109

Student records, except to School personnel, the student, or the student's parents, guardians, or spouse. The School is not required to release student records, except in conformity with FERPA.

Govt. Code 552.114, 552.026 (See also FL)

Information that relates to the home address, home telephone number, or social security number of the following persons, or that reveals whether the person has family members:
A current or former School employee or Board member, except as provided by Section 552.024; or
A peace officer or a security officer commissioned by the Board of Private Investigators and Private Security Agencies, regardless of whether the officer complies with Section 552.1175.

Gov't Code 552.1217

A photograph that depicts a peace officer, the release of which would endanger the life or physical safety of the officer, unless:
The officer is under indictment or charged with an offense by information;
The officer is a party in a fire or police civil service hearing or a case in arbitration; or
The photograph is introduced as evidence in a judicial proceeding. If a photograph is exempt from public disclosure as described above, it may be made public only if the officer gives written consent.

Gov't Code 552.119

Test items developed by the School.

Govt. Code 552.122

The certified agenda, or tape recording, of a closed meeting, unless a court order makes it available for public inspection and copying.

Govt. Code 551.104(c)

Records of a school library, or library system, that identify, or serve to identify, a person who requested, obtained, or used, a library material or service, unless the records are disclosed:
Because the library determines that disclosure is reasonably necessary for the operation of the library and the records are not confidential under other state, or federal, law;
To a person with a special right of access under Government Code 522.023; or
To a law enforcement agency, or prosecutor, under a court order, or subpoena.

Govt. Code 552.124

The name of an applicant for Superintendent, except the Board must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which final action or a vote is to be taken on the applicant's employment.

Gov't Code 552.126 (See BJB)

Motor vehicle record information that relates to:
A motor vehicle operator's or driver's license or permit issued by an agency of this state;
A motor vehicle title or registration issued by an agency of this state; or
A personal identification document issued by an agency of this state or a local agency authorized to issue an identification document.

The motor vehicle information described above may be released only in accordance with Transportation Code Chapter 730.

An informer's name or information that would substantially reveal the identity of an informer, unless:
The informer or the informer's spouse consents to disclosure of the informer's name.
The informer planned, initiated, or participated in the possible violation. "Informer" means a student or former student or an employee or former employee of the School who has furnished a report of another person's possible violation of criminal, civil, or regulatory law to the School or the proper regulatory enforcement authority.

Gov't Code 552.135

Information in a commercial book, or publication, purchased, or acquired, by the School for research purposes, if the book, or publication, is commercially available to the public. The School is not required to make copies of commercially available information, but the School shall allow the inspection of information in a book, or publication, that is made part of, incorporated into, or referred to, in a rule, or policy, of the School. Govt. Code 552.027 The requirement of Government Code 552.022 that a category of information listed under 552.022(a) is public information and not excepted from required disclosure unless expressly confidential under law does not apply; to information that is excepted from required disclosure under this paragraph.

Govt. Code 552.007

Information that relates to economic development negotiations involving the Board and a business prospect that the Board seeks to have locate, stay, or expand in or near the School, if that information relates to:
A trade secret of the business prospect; or
Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained.
Unless and until an agreement is made with the business prospect, information about a financial or other incentive being offered to a business prospect by the Board or by another person. After an agreement is made, information about a financial or other incentive being offered is no longer exempted from public disclosure if the information is about a financial or other incentive being offered to the business prospect:
By the Board; or
By another person, if the financial or other incentive may directly or indirectly result in the expenditure of public funds by the School or a reduction in revenue received by the School from any source.

Gov't Code 552.131

Information that relates to computer network security or to the design, operation, or defense of a computer network. The following information is confidential:
A computer network vulnerability report; and
Any other assessment of the extent to which data processing operations, a computer, or a computer program, network, system, or software of the School or of a contractor of the School is vulnerable to unauthorized access or harm, including an assessment of the extent to which a district's or contractor's electronically stored information is vulnerable to alteration, damage, or erasure.

Gov't Code 552.136

MILITARY DISCHARGE RECORDS

26. A military veteran's Department of Defense Form DD-214 or other military discharge record that first comes into the possession of the School on or after September 1, 2003. The record is confidential for the 75 years following the date it comes into the possession of the School in accordance with Government Code Section 552.140. If the School obtains information from the record, the School shall limit the use and disclosure of the information to the purpose for which the information was obtained.

Gov’t Code Code 552.140

OFFICER FOR PUBLIC RECORDS

The Superintendent shall be the School's officer for public information. Each department head shall be an agent of the officer for public records for the purposes of complying with the public information laws and the School's policy on public records. The officer for public records shall:

Make public records available for public inspection and copying.
Carefully protect public records from deterioration, alteration, mutilation, loss, or unlawful removal.
Repair, renovate, or rebind public records when necessary to maintain them properly.

The officer for public information is responsible for the release of public information as required by Government Code Chapter 552. The officer is not responsible for the use made of the information by the requestor, or the release of the information after it is removed from a record.

Govt. Code 552.201, 552.202, 552.203, 552.204

SIGN

The officer for public information shall prominently display a sign in the form prescribed by the Texas Building and Procurement Commission (BPC) that contains basic information about the rights of a requestor, the responsibilities of the Board, and the procedures for inspecting or obtaining a copy of public information under Government Code Chapter 552. The officer shall display the sign at one or more places in the administrative offices of the School where it is plainly visible to:

Members of the public who request public information in person; and
Employees of the School whose duties include receiving or responding to public information requests.

Gov't Code 552.205

ACCESS TO PUBLIC INFORMATION

The School may promulgate reasonable rules of procedure by which public records may be inspected efficiently, safely, and without delay. The rules may not be inconsistent with any provision of Government Code Chapter 552.

Govt. Code 552.230

The Superintendent or designee shall promptly produce public information for inspection, duplication, or both, in the offices of the School on application by any person. "Promptly" means as soon as possible under the circumstances, that is, within a reasonable time, without delay. The Superintendent, or designee, complies with such a request by providing the information for inspection, or duplication, in the School's offices, or by sending copies of the information by first class mail, if the requestor requests that the copies be provided and pays the postage and any other applicable charges that the requestor has accrued under Chapter 552, Subchapter F.

TIME FOR RESPONSE

If the requested information is unavailable because it is in storage or active use, the Superintendent or designee shall certify this fact in writing to the requester and set a date and hour within a reasonable time when the information will be available for inspection, or duplication. If the Superintendent or designee cannot produce the public information for inspection or duplication within ten business days after the date the information is requested, the Superintendent or designee shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. An original copy of a public record shall not be removed from school offices by a requestor.

Govt. Code 552.221, 552.226; Tex. Atty. Gen. ORD-664 (2000)

The officer for public records shall not make an inquiry of any requestor except to establish proper identification, or to ask the requestor to clarify the request. If a large amount of information has been requested, the officer may discuss with the requestor how the scope of the request might be narrowed, but the officer may not inquire into the purpose for which the information will be used. All reasonable comfort and facility shall be extended to the requestor.

Govt. Code 552.222, 552.224

The officer for public records, or the officer's agent, shall treat all requests for information uniformly without regard to the position, or occupation, of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media.

Govt. Code 552.223

EXAMINATION

A requestor shall complete the examination of the information not later than the tenth day after the date the officer for public information makes it available. The officer shall extend the initial examination period by an additional ten days if, within the initial period, the requestor files with the officer a written request for additional time. The officer shall permit a second additional ten-day examination period if, within the first additional period, the requestor files with the officer a second written request for time. The time during which a person may examine information may be interrupted by the officer if the information is needed for use by the Board. The period of interruption is not considered to be a part of the time during which the person may examine the information.

Govt. Code 552.225

PROVIDING SUITABLE COPY

The officer for public information shall provide a suitable copy of public information within a reasonable time after the date on which the copy is requested.

SPECIFIC MEDIUM

If public information exists in an electronic, or magnetic, medium, the requestor may request a copy either on paper, or in an electronic medium, such as on diskette, or on magnetic tape. The officer for public information shall provide a copy in the requested medium if the School has the technological ability to produce the information in the requested medium and is not required to purchase any software or hardware to accommodate the request, and providing the copy will not violate any copyright agreement between the School and a third party.

If the officer is unable to comply with a request to produce a copy of information in a requested medium for any of these reasons, the School shall provide either a paper copy, or a copy in another medium, that is acceptable to the requestor. The officer is not required to copy information onto a diskette, or other material provided by the requestor, but may use School supplies.

Govt. Code 552.228

REQUESTS REQUIRING PROGRAMMING OR MANIPULATION

If the officer determines that responding to a request for information will require programming, or manipulation of data, and that compliance with the request is not feasible, or will result in substantial interference with operations, or the information could be made available in the requested form only at a cost that covers the programming and manipulation of data, it shall provide to the requestor a written statement that includes all of the following information.

A statement that the information is not available in the requested form.
A description of the form in which the information is available.
A description of any contract, or services, that would be required to provide the information in the requested form.
A statement of the estimated cost of providing the information in the requested form, as determined in accordance with the rules established by the General Services Commission. (See also GBA-E)
A statement of the anticipated time required to provide the information in the requested form.

RESPONSE TIME

The officer shall provide the written statement to the requestor within 20 days after the date the officer receives the request. The officer has an additional ten days to provide the statement if the officer gives written notice to the requestor within 20 days after receiving the request that additional time is needed.

FURTHER ACTION

After providing the written statement described above, the officer has no further obligation to provide the information in the requested form, or in the form in which it is available, unless the requestor writes to the officer stating that the requestor wants the information in the requested form according to the time and cost parameters set out in the officer's statement, or that the requestor wants the information in the form in which it is available.

PROCESSING OF REQUESTS

The officer for public information shall establish policies that assure the expeditious and accurate processing of requests for information that require programming, or manipulation of data. The Board shall maintain a readily accessible file containing all written statements issued concerning requests for information that require programming, or manipulation of data.

Govt. Code 552.231

REPETITIOUS OR REDUNDANT REQUESTS

If the officer determines that a requestor has made a request for information for which the School has previously furnished or made copies available to the requestor on payment of applicable charges, the officer shall respond to the request for information for which copies have been already furnished or made available, except that:

The School is not prohibited from furnishing the information or making the information available to the requestor again in accordance with the request; and
The School is not required to comply with the procedures described below in relation to information that the School simply furnishes or makes available to the requestor again in accordance with the request.

Information for which the School has not previously furnished copies or made copies available to the requestor on payment of applicable charges, information that was redacted from information provided earlier, or that did not exist at the time of an earlier request, shall be treated in the same manner as any other request.

PROCEDURES

The officer shall, free of charge, certify to the requestor that copies of all or part of the requested information were previously furnished or made available to the requestor on payment of applicable charges. The certification must include:

A description of the information for which copies have been previously furnished or made available to the requestor.
The date that the School received the requestor's original request for that information.
The date that the School previously furnished copies of or made available copies of the information to the requestor.
A certification that no subsequent additions, deletions, or corrections have been made to that information; and
The name, title, and signature of the officer for public information or the officer's agent making the certification.

Gov't Code 552.232

ATTORNEY GENERAL DECISIONS

If the School receives a written request, including a request that is sent by electronic mail, or facsimile transmission, for information it wishes to withhold from public disclosure and that it considers to be within one of the exceptions to required disclosure, but for which there has been no previous determination that it falls within one of the exceptions, the School, not later than the tenth business day after receiving the written request, shall ask for a decision from the attorney general about whether the information is within one of the exceptions and state the exception that applies. If a decision from the attorney general is not so requested or the School fails to provide the requestor with the statement and a copy of the School's communication to the attorney general, as described below, the information is presumed to be public information and must be released unless there is a compelling reason to withhold it.

Govt. Code 552.301(a),(b), 552.302; Tex. Attty. Gen. ORD-673 (2000)

The School may not request an open records decision from the attorney general if the School reasonably believes that the requested information is not excepted from required disclosure. The School must promptly produce the requested information to the requestor.

Tex. Atty. Gen. ORD-665 (2000)

The School shall release the requested information and may not ask for an attorney general decision if the School has previously requested and received a determination from the attorney general concerning the precise information at issue in a pending request and the attorney general or a court determined that the information is public information that is not within one of the exceptions.

Gov't Code 552.301(f); Tex. Atty. Gen. ORD-673(2000)

The School must promptly release public information not excepted from required disclosure. The prompt release of information requires release as soon as possible under the circumstances and within a reasonable time, without delay. The School may not automatically withhold for ten business days public information not excepted from diclosure.

Tex. Atty. Gen. ORD-664 (2000)

STATEMENT TO REQUESTOR

If the School requests an attorney general decision, it must provide to the requestor within a reasonable time but not later than the tenth business day after the date of receiving the requestor's written request:

A written statement that the School wishes to withhold the requested information and has asked for a decision from the attorney general about whether the information is within an exception to public disclosure.
A copy of the School's written communication to the attorney general asking for the decision. If the School's written communication with the attorney general discloses the request, the School shall provide a redacted copy of that information to the requestor.

Gov't Code 552.301(d)

SUBMISSION TO ATTORNEY GENERAL

When the School requests a decision, it shall, within a reasonable time, but not later than the 15th business day after the date of receiving the request for information, submit to the attorney general all of the following:

Written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld.
A copy of the written request for information.
A signed statement as to the date on which the written request for information was received by the School or evidence sufficient to establish that date.
A copy of the specific information requested, or representative samples of the information, if a voluminous amount of information was requested. These copies must be labeled to indicate which exceptions apply to which parts of the copy.

Unless the information is confidential by law, T the officer may not disclose the information to the public, or the requestor, before a final determination that the information is public has been made by the attorney general, or a court with jurisdiction.

ADDITIONAL INFORMATION

If the officer failed to supply to the attorney general all of the information that is necessary to render a decision, the attorney general shall give the officer and the requestor written notice of that fact. Upon receipt of such notice, the officer shall submit the necessary additional information to the attorney general not later than the seventh calendar day after the date the notice is received. If the officer does not comply with the attorney general's request for additional information, the information is presumed to be public.

Govt. Code 552.301(b), 552.303

SPECIAL INTERESTS

In a case in which information is requested and a person's privacy, or property interests, may be involved, including a case under Government Code 552.101, 552.104, and 552.114, the School may decline to release the information for the purpose of requesting a decision from the attorney general. The School may, but is not required to, submit its reasons why the information should be withheld, or released.

Govt. Code 552.305

NOTICE TO OWNER OF PROPRIETARY INFORMATION

If release of a person's proprietary information may be subject to exception under Government Code 552.101, 552.110, 552.113, or 552.131, the School, if it requests an attorney general decision, shall make a good faith attempt to notify that person of its request for the attorney general decision. The notice must include a copy of any written request the School received for the information and a statement, in the form prescribed by the attorney general, that the person is entitled to submit to the attorney general not later than the tenth business day after the person receives the notice, a written statement of the reasons(s) why the information should be withheld and a letter, memorandum, or brief supporting the reasons(s).

Gov't Code 552.305

COST AND CHARGES

The charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public information, including costs of materials, labor, and overhead. If a request is for 50 or fewer pages of paper records, the charge for providing the copy of the public information may not include costs of materials, labor, or overhead, but shall be limited to the charge for each page of the paper record that is photocopied, unless the pages to be photocopied are located in two or more separate buildings that are not connected with each other or a remote storage facility. If the charge for providing a copy of public information includes costs of labor, the requestor may require the officer or the officer's agent to provide the requestor with a written statement as to the amount of time that was required to produce and provide the copy.

The statement must be signed by the officer or the officer's agent, and the officer or the officer's name must be typed or legibly printed below the signature. A charge may not be imposed for providing the written statement to the requestor. The School shall also charge for the cost of materials, labor, and overhead when the request is for any number of copies of information that is not readily available. Charges for providing a copy of public information are considered to accrue at the time the governmental body advises the requestor that the copy is available on payment of the applicable charges.

Gov't Code 552.261

The School shall use the rules of the Building and Procurement Commission (BPC) to determine the charges for providing copies of public information and to determine the charge, deposit, or bond required for making public information that exists in a paper record available for inspection, except to the extent that other law provides for charges for specific kinds of public information. The charges for providing copies of public information may not be excessive and may not exceed the actual cost of producing the information or form making public information that exists in a paper record available. The School may determine its own charges for producing public information and its own charge, deposit, or bond for making public information that exists in a paper record available for inspection, but may not charge an amount that is greater than 25 percent more than the amount established by the BPC, unless it requests an exemption.

Gov't Code 552.261, 552.262; 1 TAC 111.61(b) (See also GBA(EXHIBIT))

EXEMPTIONS

The School may request that it be exempt from part or all of the rules adopted by the BPC for determining charges for providing copies of public information or the charge, deposit, or bond required for making public information that exists in a paper record available for inspection. The request must be made in writing to the BPC and must state the reason for the exemption. If the BPC determines that good cause exists, the commission shall grant the exemption by giving written notice of the determination within 90 days of the request. When it receives the notification, the School may amend its charges for providing copies of public information or its charge, deposit, or bond required for making public information that exists in a paper record available for inspection according to the terms of the commission's determination.

Gov't Code 552.262(c)

COPIES FOR PARENTS

The School may charge a reasonable fee in accordance with the above requirements for copies of materials provided to parents pursuant to Education Code Chapter 26.

Education Code 26.012 (See FNG)

STATEMENT OF ESTIMATED CHARGES

If a request for a copy of public information or a request to inspect a paper record will result in the imposition of a charge that exceeds $40, the School shall provide the requestor with a written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs. If an alternative less costly method of viewing the records is available, the statement must include a notice that the requestor may contact the School regarding the alternative method. The School must inform the requestor of the duties imposed on the requestor by this section and give the requestor the information needed to respond as detailed in Government Code 552.2615(a).

If, after the School provides the requestor the itemized statement but before it makes the copy or the paper record available, the School determines that the estimated charges will exceed the charges detailed in the original itemized statement by 20 percent or more, the School shall send to the requestor an updated written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs.

REQUESTOR'S RESPONSE

A request for which the School is required to produce an (original or updated) itemized statement of estimated charges is considered to have been withdrawn if the requestor does not respond in writing to the itemized statement by informing the School within ten days after the date the statement is sent to the requestor that:

The requestor will accept the estimated charges.
The requestor is modifying the request in response to the itemized statement.
The requestor has sent to the Texas Building and Procurement Commission a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information.

ACTUAL CHARGES

If the actual charges that the School imposes for a copy or inspection of public information exceed $40, the charges may not exceed:

The amount estimated in the updated itemized statement; or
If an updated itemized statement is not sent to the requestor, an amount that exceeds by 20 percent or more the amount estimated in the original itemized statement.

TIMING OF DEADLINES

An original or updated itemized statement is considered to have been sent by the School, and the requestor is considered to have responded to the statement, on the date that the statement or response is:

Delivered in person;
Deposited, properly addressed, in the U.S. mail; or
Transmitted by electronic mail or facsimile, provided the requestor agrees to receive the statement by those means.

The time deadline for providing the required statement of estimated charges do not affect the application of a time deadline imposed on the School for requesting a decision by the attorney general under Government Code 552, Subchapter G.

Gov't Code 552.2615

DEPOSIT OR BOND

The officer for public information or his or her agent may require a deposit or bond for payment of anticipated costs for the preparation of a copy of public information if the officer for public information or the officer's agent has provided the requestor with the required written itemized statement detailing the estimated charge for providing the copy and if the charge for providing the copy of the public information specifically requested by the requestor is estimated by the School to exceed $100, if the School has more than 15 full-time employees; or $50, if the School has fewer than 16 full-time employees. The officer for public information or the officer's agent may not require a deposit or bond be paid as a down payment for copies of future information that the requestor may request in the future.

Gov't Code 552.263(a),(b); 1 TAC 111.67(c)

The officer for public information or the officer's agent may require a deposit or bond for payment of unpaid amounts the requestor owes the School in relation to previous public information requests before preparing a copy of public information in response to a new request if those unpaid amounts exceed $100. The officer for public information or the officer's agent may not seek payment of those unpaid amounts through any other means.

Gov't Code 552.263(c)

The School must fully document the existence and amount of those unpaid amounts or the amount of any anticipated costs before requiring a deposit or bond under this section. The documentation is subject to required public disclosure.

Gov't Code 552.263(d)

If the School requires a deposit or bond from the requestor, a request for a copy of public information is considered to have been received by the School on the date it receives the deposit or bond for payment of anticipated costs or unpaid amounts.

Gov't Code 552.263(e)

WAIVERS

If the cost to the School of processing the collection of a charge for public information will exceed the amount of the charge, the Board may waive the charge. If the School determines that waiver, or reduction, of the fee is in the public interest because furnishing the information primarily benefits the general public, the School may waive, or reduce, the charge for a copy of public information.

Govt. Code 552.267

GOVERNMENT PUBLICATION

The cost provisions described above do not apply to a publication that is compiled and printed by or for the School for public dissemination. If the cost of the publication is not determined by state law, the School may determine the charge for the publication, or it may provide the publication free of charge, if state law does not require a certain charge.

Govt. Code 552.270

INSPECTION OF PUBLIC INFORMATION

The School may not impose a charge for making available for inspection any public information that exists in paper record. If a page contains confidential information that must be edited from the record before the information can be made available for inspection, however, the School may charge for the cost of making a photocopy of the page from which the confidential information must be edited. No charge, other than the cost of the copy, may be imposed.

Govt. Code 552.271(a),(b)

PAYMENT, OR DEPOSIT OF BOND

The officer for public information or the officer's agent may require a requestor to pay, or to make a deposit or post a bond for the payment of, anticipated personnel costs for making available for inspection public information that exists in paper records only if:

The public information specifically requested by the requestor is older than five years or completely fills, or when assembled will completely fill, six or more archival boxes; and
The officer for public information or the officer's agent estimates that more than five hours will be required to make the public information available for inspection.

Gov't Code 552.271(c)

ELECTRONIC RECORDS

If the School receives a request to inspect information that exists in an electronic medium and the information is not available directly on-line to the requestor, a charge may not be imposed for access to the information unless complying with the request will require programming, or manipulation of data. If programming, or manipulation of data is required, the Board shall notify the requestor before assembling the information and provide the requestor with an estimate of charges that will be imposed.

If public information exists in an electronic form on a computer owned, or leased by the School, and the public has access to that information through a computer network, or other means, the electronic form of the information may be electronically copied from that computer without charges if accessing the information does not require processing, programming, or manipulation on the School's computer before the information is copied. If such information does require processing, programming, or manipulation before it can be copied, the Superintendent may impose charges.

If the School creates, or keeps, information in an electronic form, it is encouraged to explore options to separate confidential information from public information and make the public information available to the public through electronic access through a computer network, or other means.

Govt. Code 552.272

PRESERVATION OF RECORDS

The Board shall determine a time for which records that are not currently in use will be preserved, subject to state laws governing the destruction and other disposition of local government records.

Govt. Code 552.004 (See CPC)

The Board shall preserve the certified agenda, or tape recording, of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the certified agenda, or tape recording, shall be preserved while the action is pending.

Govt. Code 551.104(a)

FILING SUIT TO WITHHOLD INFORMATION

The Board, or the officer for public information, may file suit seeking to withhold information, but the requestor may not be named as a party to that action. The Board, or officer for public information, must demonstrate to the court that the Board, or officer, made a timely good faith effort to inform the requestor by certified mail, or other method of written notice that requires the return of a receipt, of:

The existence of the suit, including the subject matter, the cause number, and the court in which the suit is filed.
The requestor's right to intervene in the suit, or to choose not to participate.
The fact that the suit is against the attorney general.
The address and phone number of the office of the attorney general.

Govt. Code 552.324,552.325

FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY GENERAL

If the School files suit seeking to withhold information, the School may raise only those exceptions to required disclosure that the School properly raised before the attorney general in connection with a request for a decision by the attorney general, unless the exceptions raised by the School in its suit seeking to withhold information are required by federal law or involve property or privacy interests of another person.

Gov't Code 552.326

Adopted: 5/8/81
Amended: 3/12/82, 10/25/85, 3/10/88, 9/27/90, 1/29/93, 11/18/94, 9/27/96, 1/24/02, 5/28/03, 5/25/04, 5/25/05
Reviewed: 1/26/99

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