THE TEXAS PUBLIC INFORMATION ACT
The Texas Public Information Act (the “Public Information Act” or the “Act”) gives you the right to access public records of the Teacher Retirement System of Texas ("TRS"). TRS may not ask why you want the records. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the requested information. TRS will promptly release the following information: information that is not confidential by law, either constitutional, statutory, or by judicial decision; information that is not excepted from disclosure by a previous determination of the Office of the Attorney General, or information for which an exception to disclosure has not been sought. Below is a description of the basic procedures, rights and responsibilities under the Act.
Making a Request
The Act is triggered when a person submits a written request to TRS. The request must ask for records or information already in existence. The Act does not require a governmental body to create new information, perform legal research, or answer questions. Additionally, unless you
have a special right of access, TRS is not required to provide individual TRS
participant records or information about those records. If your request is unclear
or overly broad, TRS may seek clarification or ask that you narrow your
request.
Cost Charges to the Requestor
A person may ask to view the information, receive copies of the information, or both. Depending on the amount and
type of information requested, charges may be applicable for producing the
requested information. All charges imposed by the TRS for copies or for access to information must comply with the rules prescribed by the Office of the Attorney General (“OAG”).
Exceptions to the Act
Although the Act makes most government information available to the public, some exceptions exist. Certain information is
either confidential by law or TRS is permitted to withhold it pursuant to an
exception from disclosure. If such an exception might apply, TRS generally must, within ten (10) business days of receiving the request, refer the matter to OAG for a ruling on whether an exception applies. If OAG rules that an exception applies, TRS will not release the information. If TRS improperly fails to release information, the Act authorizes the requestor or the OAG to file a civil lawsuit to compel TRS to release the information. Additionally, there is certain information that TRS can redact without requesting a ruling.
Rights of Requestors
All people who request public information have the right to:
• Prompt access to information that is not confidential or otherwise protected;
• Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements;
• Receive certain kinds of information without exceptions, such as the voting records of public officials, and other information as well;
• Receive a written statement of estimated charges in advance of work being started when charges will exceed $40.00, along with an opportunity to modify the request in response to the itemized statement of estimated charges;
• Choose whether to inspect the requested information (most often at no charge), receive copies of the information, or both;
• Receive a waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;
• Receive a copy of the communication from the governmental body asking the OAG for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication disclosed the requested information, to receive a redacted copy; and
• Lodge a complaint with the OAG about overcharges for public information. Complaints or other possible violations may be filed with the county or district attorney of the county where the governmental body, other than a state agency, is located. If the complaint is against the county or district attorney, the complaint must be filed with the OAG.
Responsibilities of Requestors
All people who request public information have the responsibility to:
• Submit a written request according to TRS’ procedures;
• Include enough description and detail of the requested information so that TRS can accurately identify and locate the requested items;
• Cooperate with TRS’ reasonable requests to clarify the type or amount of information requested. A public information request is considered
withdrawn if the requestor does not respond in writing to TRS’ written request for clarification or additional information within 61 calendar days;
• Respond promptly in writing to all written communications from TRS (including any written estimate of charges);
• Make a timely payment for all valid charges; and,
• Keep all appointments for inspection of records or for pick-up of copies.
Rights of Governmental Bodies
In responding to information requests, TRS has the right to:
• Establish reasonable procedures for inspecting or copying information;
• Request and receive clarification of vague or overly broad requests;
• Request an OAG ruling regarding whether any information may or must be withheld;
• Receive timely payment for all copy charges or other charges;
• Obtain payment of overdue balances exceeding $100.00 or a security deposit before processing additional requests from the same requestor; and,
• Request a bond, prepayment, or deposit if estimated costs exceed $100.00.
Responsibilities of TRS
In responding to information requests, TRS has the responsibility to:
• Establish reasonable procedures for inspecting or copying public information and inform requestors of these procedures;
• Treat all requestors uniformly and give requestors all reasonable comfort and facility, including accommodation in accordance with ADA requirements;
• Be informed about public information laws and educate employees on the requirements of those laws;
• Inform requestors of the estimated charges greater than $40.00 and any changes in the estimates above 20 percent (20%) of the original estimate, and confirm that the requestor accepts the charges or has amended the request in writing before finalizing the request;
• Inform the requestor if the information cannot be provided promptly and set a date and time to provide it within a reasonable timeframe;
• Request a ruling from the OAG regarding any information the governmental body wishes to withhold, and send a copy of the request for ruling, or a redacted copy, to the requestor;
• Segregate public information from the infraction that may be withheld and provide the public information promptly;
• Make a good faith attempt to inform third parties when their proprietary information is being requested from the governmental body;
• Respond in writing to all written communications from the OAG regarding charges for the information; and,
• Respond to the OAG regarding complaints about violations of the Act.
Questions or Complaints
For complaints regarding failure to release public information, please contact the OAG Open Records Hotline at 512-478-6736 or toll-free at 877-673-6839. You may also contact your county or district attorney.
For complaints regarding overcharges, please contact the OAG Cost Rules Administrator at 512- 475-2497 or toll-free at 888-672-6787.
If you need special accommodation pursuant to the Americans with Disabilities Act (ADA), please contact TRS’ ADA Coordinator at 512-542-6570. For the Hearing Impaired: Dial Relay Texas 711 or 1-800-735-2989.
For more information regarding the Public Information Act and other open government laws, please visit the OAG's Web site at:
https://texasattorneygeneral.gov/og/open-government
Federal Agencies
The Texas Public Information Act does not apply to the federal government or to any of its departments or agencies. If you are seeking information from the federal government, the appropriate law is the federal Freedom of Information Act (“FOIA”). FOIA’s rules and procedures are different from those of the Public Information Act.