Senate Committee Hears Testimony on Open Records Law
Whether Texas' open records law should address “frivolous and overly burdensome” public information requests was among the topics discussed Monday at a state Senate panel hearing.
During invited and public testimony Monday, the Senate Committee on Open Government also heard testimony on the Texas Public Information Act’s implications for private companies that fulfill state contracts, whether the law applies to communication such as text messages, the security of public records and policies for retaining electronic records.
The discussion related to reducing “frivolous and overly burdensome” requests had mixed opinions. A bill by Sen. Jeff Wentworth, R-San Antonio, that failed ...
Comments (2)
Mack Green
Among other types of legitimate inquiries, public information requests (and timely responses) should be able to follow Federal and State funds spent by state departmental and private contractors down to the last cent. Being able to "Follow the money" is vital to help determine if it is being spent wisely, stupidly, corruptly, or criminally.
The Attorney General should not be the arbiter of what is a legitimate inquiry. Many in Texas believe that he determines what is legal somewhat arbitrarily as it is.
Fannie Cavazos Hewgley
I retired in 1997 from a Texas state agency and part of my duties starting in 1983 were to coordinate requests for public information. Because I absolutely loved my job, I manage to stay abreast of information pertaining to the TPIA and it does not cease to amaze me that at least some government entities are still not as informed on the very important subject. I was blessed to work with a chief legal officer whose instructions were, ". . . make absolutely sure that none of the information requested is protected by law. If not, give it to them . . . ." Although I retired quite shortly after the requests for electronic media started coming in, our rules stated very plainly what requestors should expect, i.e., what information is covered, time for compliance and cost(s).
Any legislative body would be hard-pressed to spell out what information is "frivolous and overly burdensome," given the number of entities covered by the TPIA, however, it would help custodians tremendously if they had at least some guidelines in this regard. The most important thing that our Legislature should do, in my opinion, is make sure that each entity have one person rather than several responsible for requests for public information. That person should be responsible for ensuring that all custodians of records under her/his charge, as well as all directors, supervisors, etc. are trained to understand every aspect of what is required by the TPIA. Case in point, I had a difficult time making "higher ups" understand that even their personal calendars were covered if they co-mingled personal/business matters. This applied to their telephones as well.
Finally, I have long admired Sen. Jeff Wentworth and his dedication to "let the public know." Although I am not familiar with, Sen. Wentworth's failed bill, I do believe that companies or individuals who fulfill state or any government-funded (partially or in full) contracts, should be governed by the requirements of the TPIA.
Thank you.
Fannie Cavazos Hewgley