PIC Pocket Reference
Information for a PIC’s Pocket
This page is for informational purposes only and does not constitute legal advice. For questions about specific requests, consult your legal counsel. The full text of the Public Information Act (Chapter 552, Texas Government Code) (the "Act") governs in all cases.
Justin Miller is a former Assistant Attorney General of the Open Records Division. Transparency Counsel is a private law firm and is not affiliated with the Office of the Attorney General of Texas.
Forms provided by the Office of the Attorney General of Texas as required by statute.
Legislative Updates
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HB 4219 adds two new affirmative notice obligations under §552.221.
If your governmental body determines it has no records responsive to a request, the public information officer must notify the requestor in writing no later than the 10th business day after receiving the request. Informal acknowledgment is not sufficient. This is now a statutory deadline.
If your governmental body is relying on a previous OAG determination to withhold information, you must notify the requestor in writing no later than the 10th business day and identify the specific previous determination you are relying on. Citing a previous determination without identifying which one no longer satisfies the requirement.
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HB 4219 adds §552.328, which gives requestors a new option short of filing a lawsuit. If a governmental body fails to respond as required under §552.221, the requestor may file a written complaint with the OAG.
If the OAG finds a violation, the consequences are:
The public information officer or their designee must complete open records training within six months.
The governmental body loses the right to charge the requestor for producing the requested information.
If the body still seeks to withhold the information, it must request an OAG ruling within five business days and release the information unless there is a compelling reason to withhold it — a significantly higher standard than the ordinary exception standard.
Missing your 10-day notification deadlines now carries a direct financial consequence.
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Effective immediately upon signing, HB 4214 requires every governmental body to notify the OAG by October 1 of each year of the mailing address and electronic mail address it has designated for receiving written PIA requests. The OAG will maintain a publicly accessible database of these addresses on its website.
This cuts both ways. It gives requestors a reliable place to confirm where to send requests, and it gives governmental bodies a stronger argument that requests sent to unofficial addresses — a random employee's inbox, an unmonitored fax line — do not trigger the statutory clock.
Make sure your designated address is monitored by more than one person and that what you report to the OAG matches what is posted on your website and your open records poster.
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HB 1893 adds subsection (f) to §552.130, explicitly providing that license plate numbers captured in video recordings obtained or maintained by a law enforcement agency are not confidential under §552.130 or the Motor Vehicle Records Disclosure Act.
Law enforcement PICs no longer need to redact license plates before releasing dashcam or body-worn camera footage.
Two important limits: this change applies to video only. License plate numbers in written records — incident reports, logs, databases — remain confidential under §552.130. And the video itself may still be withheld under another exception, such as §552.108, if the recording relates to a pending investigation. Removing the license plate redaction requirement does not require you to release the video.
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Two new exceptions were added that PICs should be aware of.
§552.1391 (HB 3112, effective immediately): Excepts from disclosure information related to a cybersecurity measure, policy, or contract intended to protect a critical infrastructure facility. This covers cybersecurity insurance, detection and response practices, and information reported under mandatory cybersecurity reporting laws.
§552.164 (SB 765): Makes confidential information relating to fraud detection and deterrence measures, including risk assessments, technology specifications, investigative materials, and communications that reveal how an agency identifies or investigates fraud.
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Three bills expanded the categories of individuals who may keep personal contact information confidential.
SB 370 adds current and former employees of the OAG or a public defender's office, along with their minor children, adult children, spouses, and surviving spouses.
SB 1540 adds current and former election officials, as well as employees, volunteers, or designees of an election official, and Secretary of State employees who perform election duties.
SB 1569 adds members of the governing board of an institution of higher education and the chief executive of the institution or a university system.
Deadlines
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Request for OAG Ruling + Requestor Notice Submit a written request to the OAG asking for a decision on whether the information may be withheld. As of September 1, 2025 (HB 4219), the letter must identify the specific exceptions that apply to the requested information. A general list of possible exceptions is no longer sufficient. At the same time, notify the requestor in writing that a ruling has been sought and provide a copy of the letter sent to the OAG.
If this deadline is missed, the information is presumed public. The governmental body loses the ability to withhold on most discretionary exceptions unless a compelling reason exists.
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Brief, Records, and Request Submitted to ORD
Submit to the ORD:
(1) a written brief arguing the applicable exceptions;
(2) a copy of the original request;
(3) copies or representative samples of the records at issue; and
(4) evidence of the date the request was received. A copy of the brief and all submissions must also be provided to the requestor, redacted only to the extent necessary to avoid revealing the withheld information.
If this deadline is missed, the information is presumed public.
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No Responsive Records (§552.221(f)) If the governmental body determines it has no information responsive to the request, the public information officer must notify the requestor in writing within 10 business days. Informal acknowledgment is not sufficient. This is a statutory deadline.
Previous Determination Notice (§552.221(g)) If the governmental body is withholding information based on a previous OAG determination, it must notify the requestor in writing within 10 business days and identify the specific previous determination it is relying on. Citing a previous determination without identifying which one no longer satisfies the requirement.
Failure to provide either notice allows the requestor to file a written complaint with the OAG under §552.328.
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Before work begins — Itemized Estimate Required (§552.2615) If the cost of fulfilling a request will exceed $40, the governmental body must provide the requestor with a written itemized estimate before beginning work. If the estimate is not provided, the body loses the right to charge for that request. If the actual cost later looks to exceed the estimate by 20% or more, an updated estimate must be sent immediately.
10 business days — Requestor Must Respond to Estimate After receiving a cost estimate, the requestor has 10 business days to respond in writing by accepting the charges, modifying the request, or filing a complaint about overcharging. If the requestor does not respond within 10 business days, the request is automatically withdrawn by operation of law.
Deposit Reset (§552.263) If the estimated cost exceeds $100 (or $50 for small governmental bodies), the body may require a deposit before proceeding. If a deposit is required, the 10- and 15-business-day §552.301 deadlines reset. The request is treated as received on the date the deposit is received.
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If a request is unclear or overly broad, the governmental body may ask the requestor in writing to clarify or narrow it. When the requestor responds with the clarification, the 10- and 15-business-day §552.301 clocks reset. Day 1 is the first business day after the clarification is received.
If the requestor does not respond, the request is treated as withdrawn — but only if the original clarification letter explicitly advised the requestor that failure to respond would result in withdrawal. If that warning was not included in the letter, the withdrawal does not take effect. The requestor has until the 61st day after the clarification inquiry was sent to respond before the request is considered withdrawn. (§552.222(d)-(e); City of Dallas v. Abbott, 304 S.W.3d 380 (Tex. 2010))
Permissive Redactions
Under the Act, a governmental body generally must request a ruling from the Open Records Division of the Office of the Attorney General ("OAG") before withholding or redacting requested information. But certain categories of information can be redacted without requesting a ruling. Some require providing the requestor with a prescribed form. Others do not.
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Section 552.114 protects student records. A governmental body may redact student records without requesting a ruling and without providing a form.
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Section 552.147 protects social security numbers. A governmental body may redact social security numbers without requesting a ruling and without providing a form.
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Section 552.024 allows a governmental body to redact without requesting an OAG ruling when the information relates to an employee's or official's home address, home telephone number, emergency contact information, or social security number, or reveals whether the person has family members.
This applies to any current or former employee or official of a governmental body. However, the employee or official must have elected confidentiality by submitting a signed writing to the main personnel officer of the governmental body within 14 days of beginning employment, taking office, or leaving service. If the employee or official does not elect confidentiality within that period, the information is subject to public access.
Note: For certain categories of employees listed in Section 552.117 of the Act, personal information is protected regardless of whether the employee complied with Section 552.024. Those categories include, but are not limited to, peace officers, judges, elected public officers, and firefighters. The full list is in Section 552.117(a).
Section 552.024 does not apply to a person to whom Section 552.1175 applies.
If redacting under this section, the governmental body must provide the requestor with the OAG's prescribed form letter.
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Section 552.1175 allows a governmental body to redact without requesting an OAG ruling when the information relates to certain public employees' home address, home telephone number, emergency contact information, date of birth, social security number, or family member information, and the governmental body holds that information in a non-employer capacity.
Note that Section 552.1175 covers date of birth, which Section 552.024 does not.
This section applies only to certain categories of employees. List here.
As with Section 552.024, certain categories listed are protected under Section 552.117 regardless of whether the employee complied with Section 552.1175.
If redacting under this section, the governmental body must provide the requestor with the OAG's prescribed form letter.
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Section 552.130 makes confidential any information that relates to:
A motor vehicle operator's or driver's license or permit issued by an agency of this state, another state, or another country
A motor vehicle title or registration issued by an agency of this state, another state, or another country
A personal identification document issued by an agency of this state, another state, another country, or a local agency authorized to issue an identification document
A governmental body can redact this information without requesting an OAG ruling, but must provide the requestor with the prescribed form letter.
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Section 552.136 makes confidential any credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body.
A governmental body can redact this information without requesting an OAG ruling, but must provide the requestor with the prescribed form letter.