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.
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.
Section 552.114 and Section 552.147
No Form Required
Two categories of information can be redacted without requesting an OAG ruling and without providing a form to the requestor:
Section 552.114 protects student records. A governmental body may redact student records without requesting a ruling and without providing a form.
Section 552.147 protects social security numbers. A governmental body may redact social security numbers without requesting a ruling and without providing a form.
Section 552.024: Personal Information Held in Employer Capacity
Form required
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. Download the Section 552.024 form letter here. [This sentence hyperlinks to the hosted form file. See "Form Letter Files" below.]
Section 552.1175: Personal Information Held in Non-Employer Capacity
Form required.
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.
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Peace officers, special investigators, or county jailers
Commissioned security officers
Current or former employees of the Texas Department of Criminal Justice
Current or former district attorneys, criminal district attorneys, or county or municipal attorneys whose jurisdiction includes criminal law or child protective services matters, and their current or former employees
Officers or employees of a community supervision and corrections department performing duties described by Section 76.004(b)
Federal criminal investigators, or United States Federal Protective Service police officers and inspectors
Current or former employees of the Office of the Attorney General assigned to a division with law enforcement duties
Current or former juvenile probation or detention officers, employees of the Texas Juvenile Justice Department, or employees of a juvenile justice program or facility
Federal and state judges
Current or former employees of the Texas Civil Commitment Office
Current or former members of the United States armed forces or the Texas military forces
Current or former child protective services caseworkers, adult protective services caseworkers, or investigators for the Department of Family and Protective Services, or current or former employees of a department contractor performing those functions
Elected public officers
Firefighters, volunteer firefighters, or emergency medical services personnel
This list is a summary. For the full statutory text, see Section 552.1175 of the Act.
As with Section 552.024, certain categories listed above 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.
Section 552.130: Motor Vehicle Record Information
Form required.
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.
Section 552.136: Credit Card, Debit Card, Charge Card, and Access Device Numbers
Form required
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.