You Got an Open Records Request. Now What?

If you are a public information coordinator for a Texas government body, this has either already happened to you or it will. A member of the public sends a request for information. Maybe it is routine. Maybe it is not. Either way, the clock starts the moment the request lands.

Here is what the process looks like from start to finish, and where things go wrong.

Step 1: The request arrives

Anyone can submit a written request for public information from your government body. Citizens, journalists, attorneys, competitors, the list is essentially unlimited. Under the Texas Public Information Act, that request triggers a legal obligation to respond, and a countdown begins.

One thing people miss right away: the clock starts on the day you receive the request. If the request arrives after business hours or on a weekend, it is treated as received on the next business day. That distinction matters when you are counting to ten.

Step 2: Identify the responsive information

Once you have the request, you need to determine what information your government body actually has that responds to it. This sounds straightforward. It often is not. Requests can be broad, vague, or touch multiple departments. Getting this step right matters because missed records create their own problems down the road.

Step 3: Release what is clearly public

Not everything in a responsive set is complicated. Some information falls squarely into the category of records that must be released. No exceptions apply, no argument exists to withhold them. Release those promptly. Doing so signals good faith and keeps the process moving without unnecessary friction.

What you do not release at this stage is anything in the other two categories: information that must be withheld under a mandatory exception, and information that may be withheld at the government body's discretion. That information goes to the Attorney General's Office. Do not release contested material while you are sorting out what can be withheld.

Step 4: Submit to the Attorney General's Office

Here is where things get consequential, and where most mistakes happen.

For any information you believe you have grounds to withhold, you cannot simply decline to produce the records. Under Section 552.301 of the PIA, you have two deadlines.

By the 10-day mark, you must notify the Office of the Attorney General that you intend to seek a decision on whether the information may be withheld, and state which exceptions you believe apply. This is the 10-day brief.

By the 15-day mark, you must submit the actual request, your written legal arguments, and the information itself, or a representative sample, to the AG's Office for review. This is the 15-day brief.

Both deadlines run from the date the request was received. By the time things get complicated, several of those days are already gone.

The AG's Open Records Division, the ORD, reviews these submissions. They are not a court, but their rulings carry legal weight. The brief you submit is a legal argument. It must identify the specific exception or exceptions under the PIA that authorize withholding, and explain why those exceptions apply to these particular records. Vague or conclusory arguments do not hold up. The ORD reviews thousands of briefs. They know the difference between a real argument and a placeholder.

Missing either deadline can result in the ORD ordering release of information that might otherwise have been properly withheld. A poorly constructed brief can have the same result even when a legitimate argument existed.

Step 5: The ORD reviews and rules

The ORD reviews your brief and the submitted records. The requestor is not given access to the records during this process. The ORD then issues a written letter ruling explaining what must be released, what may be withheld, and why. The ORD has 45 business days from the date of the original request to issue that ruling, and in practice takes the full 45 days more often than not.

Plan accordingly. This is not a fast process, and the information stays withheld while you wait.

Step 6: Comply with the ruling

Once the ruling arrives, you act on it. Information the ORD says must be released gets released. Information the ORD says you may withhold stays withheld. The ruling is binding. Ignoring it exposes your government body to legal consequences, including a requestor seeking enforcement through a district court.

The bottom line

The PIA process is manageable when you know the rules. The two moments that determine whether it goes smoothly are the same two that catch most people off guard: tracking your deadlines from the moment the request lands, not from when things get complicated, and making sure the brief you submit to the ORD actually makes the argument rather than gestures at one.

If you are facing a request where the stakes are high, having an attorney handle the brief is worth considering. That is the work Transparency Counsel was built to do.