40 Tex. Admin. Code § 368.1 - Open Records
(a) Open Records
Requests. Inspection of Public Records under the Texas Public information Act,
Texas Government Code Chapter 552, provides that public information is
available for public inspection during normal business hours except
investigative files and other records of the Board made confidential by law. In
addition, the exceptions to disclosure in Texas Government Code Chapter 552 or
other state or federal statutes may protect certain information. This rule is
promulgated pursuant to Texas Government Code Chapter 552 to establish a
records review process that is efficient, safe, and timely to the public and to
the agency.
(1) Requests must be in writing
and reasonably identify the records requested.
(2) Records access will be by appointment
only.
(3) Records access is
available only during the regular business hours of the agency.
(4) A review of public information may be by
physical access or by duplication at the requestor's option.
(5) When the safety of any public record is
at issue, physical access may be denied and the records will be provided by
duplication as previously described.
(6) Confidential files will not be made
available for inspection or for duplication except under certain circumstances,
e.g., court order.
(7) All open
records request appointments will be referred to the Executive Director or the
Executive Director's designee before complying with a request.
(8) The open records coordinator for the
agency is the Executive Director and the alternate is the Executive Director's
designee.
(b) Charges for
Copies of Public Records. The Board will calculate and collect charges in
accordance with Texas Government Code Chapter 552 and rules promulgated by the
Attorney General under Texas Government Code §
552.262.
(c) The Board may waive these charges if
there is a public benefit. The Executive Director or the Executive Director's
designee is authorized to determine whether a public benefit exists on a
case-by-case basis.
Notes
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