Public Information Requests

Public Information Requests

Lesson Objectives

• Learners will understand what information and entities are subject to PIRs
• Learners will understand the process of submitting PIRs
• Learners will be able to utilize this knowledge in their advocacy

“The Texas Public Information Act assures that government entities give citizens access to information about what public servants are doing on their behalf—information they need to gain a more complete understanding of how their government works and hold their public officials accountable. Texas government does not belong to elected officials, but to the people of Texas.”

- Ken PaxtonTexas Attorney General (AG)

The Freedom of Information Act

Texas Public Information Act (TPIA)

• Authorizes attorney general to create a uniform process for obtaining records
• Includes city, county, and state depts

The Freedom of Information Act (FOIA)

• Created a process for the public to request records from federal agencies
• Includes EPA, FEMA, HUD

IMPORTANT TERMS

Tip: Write these terms down for later!

WHAT IS A RECORD?

• A written account of information
• Neither law requires agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests

Before You Request, Do Some Research

• What documents or data are you looking for?
• What entity and/or department may have it?
• Is it currently accessible?

Remember: Request must ask for records or information already in existence.

Where can you get the info?

Who do you need to ask?

• Find the right dept or agency
• Find Public Information Officer (PIO) emailfema-foia@fema.dhs.gov
• Check for an online portal

WHAT GOES IN A PUBLIC INFORMATION REQUEST (PIR)?

• Specific and quantitative account of information you want to access
• Format or file type in which you expect to receive the information
• See sample to the right

*The full sample of this letter is on the Resources slide at the end of the presentation

• Cost waiver ask
• Where the entity can deliver the information
• Contact info

WHAT GOES IN A PIR?

Delivery of Request

• Governments have a timeline to grant requests
• FOIA: 20 business days
• TPIA: 10 business days

• They may request an extension
• You may appeal to Attorney General (AG)

• They may request to withold certain information or deny request to the AG
• You may appeal to AG

WHAT INFORMATION CAN BE WITHHELD?

• Information that is a secret in the interest of national defense
• Trade secrets
• Medical files that warrant invasion of privacy

WHAT INFORMATION CAN BE WITHHELD?

• Information related solely to personnel rules and practices
• Information is subject to current litigation
• Certain law enforcement records

HELPFUL HINTS

• Ask friendly officials what records may be available
• Call PIO
• Ask a broader request
• Date in your calendar for deadline
• Keep all records and correspondence

Submit an Open Record Request

• City of Austin

• City of Fort Worth

• City of Houston

• City of San Antonio

Links and Examples

THE PUBLIC INFORMATION ACT HANDBOOK OF 2022

TEXAS PUBLIC INFORMATION ACT WEBSITE

SAMPLE PIR 1 (PDF)

SAMPLE PIR 2 (PDF)

FOIA.GOV