This guide outlines the various ways to file complaints and seek legal remedies when public records requests are denied or mishandled under the Texas Public Information Act. While this guide covers common scenarios, it may not include every possible situation. Below are step-by-step procedures for filing complaints with the Texas Attorney General (AG), requesting action from District or County Attorneys, seeking writs of mandamus, and addressing criminal violations. The guide is for informational purposes only.

1. Filing a Complaint with the Texas Attorney General (OAG)

The OAG is the primary authority for reviewing disputes over withheld records or non-responses to PIA requests. The process begins with informal inquiries and can escalate to formal complaints when necessary.

When to File:

• Failure to Respond: If the governmental body fails to respond within 10 business days of receiving the request.
• Improper Exemption: If the agency withholds information without seeking a ruling from the OAG or if the government body fails to release information in accordance with an OAG ruling.
• Excessive Fees: When the fees charged for accessing records are unreasonable.

Steps:

1. Make an Informal Complaint:

• Call the OAG’s Open Government Hotline at 1-877-673-6839 to ask about your rights and the status of your request.
• Hotline staff may provide guidance or help informally resolve the issue with the governmental body.

1. Submit an Informal Complaint:

• If the issue isn’t resolved informally, submit a written complaint to the AG by mail or through their website.
• Include copies of your original request, any agency responses, or proof of non-response.
• Attach documents showing any fees charged if this is the basis for the complaint.
• Wait for a Decision

2. Filing a Complaint with the District or County Attorney for Declaratory Judgment or Injunctive Relief (Sec. 552.3215)

Declaratory judgment and injunctive relief are legal actions that must be brought by a District Attorney, County Attorney, or the Attorney General. These remedies can be pursued when a governmental body violates the PIA, but a private individual cannot directly file for these actions.

When to File:

• Violation of the PIA: If a governmental body fails to comply with the PIA, and you want the body to be compelled to act or clarify your legal rights.
• Attorney Declines Action: If the District/County Attorney or AG refuses to act, you can escalate the complaint.

Steps:

1. File a Written Complaint:

• Submit the complaint to the District/County Attorney in the county where the governmental body is located.
• For state agencies, generally file with the Travis County District Attorney or the Attorney General.

1. Required Elements:

• The complaint must be written and signed.
• It must include the name of the governmental body, the time and place of the violation, and a description of the violation.

1. Response Timeline:

• The District/County Attorney has 31 days to decide whether to act.
• If no action is taken within 90 days, you may escalate to the AG.

1. Escalation:

• If the District/County Attorney does not take action, file the complaint with the Attorney General.
• If the AG or District Attorney determines a violation occurred, they may pursue declaratory relief (clarifying your rights) or injunctive relief (forcing compliance).

3. Filing a Writ of Mandamus

A writ of mandamus is a direct legal remedy that compels a governmental body to comply with its duties under the PIA. Unlike other remedies, you do not need to wait for the OAG’s ruling before filing for a writ of mandamus.

When to File:

• Failure to Respond: If the agency does not respond or refuses to provide public records within 10 business days.
• No OAG Ruling Required: You can file for a writ of mandamus without waiting for the Attorney General’s decision or if you disagree with a ruling.

Steps:

1. Prepare Your Petition:

• File a petition for a writ of mandamus in the district court where the governmental body is located.
• The petition should detail the agency’s failure to comply with the PIA and include all relevant documentation, such as the initial request and any responses or lack thereof.

1. Attend the Court Hearing:

• Present evidence of the agency’s non-compliance.
• If the court finds the agency in violation, it will issue a writ compelling the agency to provide the requested records.

1. Compliance:

• If the writ is granted, the governmental body must comply or face additional penalties for failure to adhere to the court order.

4. Filing Criminal Complaints for Willful Violations (Sec. 552.351, 552.352, 552.353)

There are criminal penalties for certain willful violations of the PIA, such as destroying records, improperly withholding public information, or misusing confidential information. These offenses can result in criminal prosecution under specific sections of the PIA.

Criminal Offenses:

1. Destruction, Removal, or Alteration of Public Information (Sec. 552.351):

• Offense: Wilfully destroying, mutilating, removing, or altering public information.
• Punishment: Misdemeanor punishable by a fine ($25 – $4,000), jail time (3 days – 3 months), or both.

1. Distribution or Misuse of Confidential Information (Sec. 552.352):

• Offense: Distributing or misusing confidential information, such as using it for personal gain or disclosing it to unauthorized parties.
• Punishment: Misdemeanor punishable by a fine (up to $1,000), jail time (up to 6 months), or both.

1. Failure to Provide Access (Sec. 552.353):

• Offense: An officer or agent fails to provide access to or copies of public information with criminal negligence.
• Punishment: Misdemeanor punishable by a fine (up to $1,000), jail time (up to 6 months), or both.

Steps:

1. File a Criminal Complaint:

• Submit the criminal complaint to the District or County Attorney where the governmental body operates, unless they advise you of other steps to make a criminal complaint.
• Include evidence that shows willful misconduct, such as attempts to destroy records or improper withholding of information.

1. Investigation:

• The District/County Attorney will investigate the complaint. If there is sufficient evidence, the government official responsible may face criminal charges.

Conclusion: Ensuring Accountability Under the PIA

This guide provides a detailed overview of the main processes available for filing complaints and ensuring compliance with the Texas Public Information Act. Whether through informal complaints, pursuing legal remedies such as writs of mandamus or criminal prosecution, these steps offer multiple paths to hold government bodies accountable. Always document your communications and follow the specific timelines for each process to protect your rights under the PIA.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

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