SECTION 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.

Source Note: The provisions of this §368.1 adopted to be effective October 11, 1994, 19 TexReg 7715; amended to be effective December 1, 2023, 48 TexReg 6745