The Attorney General is responsible for ensuring that Texas government is open and accessible to all citizens. Part of this responsibility includes interpreting and enforcing the Public Information Act (PIA). Educating citizens and governmental entities of their rights and obligations under these laws and enforcing, when necessary, the PIA ensures that governmental bodies take their open government obligations seriously.
Pursuant to this responsibility, the Open Records Division (ORD) responds to two types of complaints: cost complaints and informal complaints filed by the requestor. The cost complaint process, which is specified under the PIA, is intended to resolve disputes between a governmental body and a requestor over the allowable charges for a request. The informal complaint process is intended to mediate disputes between a governmental body and a requestor over the proper handling of requests. The below information provides background regarding these complaint processes. If you have questions about complaints, you may call the Open Government Hotline toll free at (877) 673-6839 (877-OPENTEX).
In What Circumstances Can A Requestor File?
Cost Complaints
Section 552.269 states that a requestor who believes he or she has been overcharged may lodge a complaint with the attorney general.
Informal Complaint
An informal complaint may be filed when a requestor believes a governmental body has not properly responded to a request for information or complied with an ORD ruling.
What Must A Complainant Include?
Cost Complaints
Within 10 business days after the person knows of the occurrence of the alleged overcharge, the person must submit to the Attorney General:
- Written complaint setting forth the reasons the person believes the charges are excessive
- A copy of the original request for information
- A copy of any correspondence from the governmental body stating the proposed charges
Informal Complaint
A complainant must send the Attorney General:
- A written complaint setting forth the reasons the person believes the governmental body did not respond appropriately to a request
- A copy of the original request for information
What If A Complainant Does Not Timely Include All Necessary Items in the Complaint?
Cost Complaints
The cost complaint is dismissed.
Informal Complaint
ORD will send correspondence to the requestor seeking additional information.
What Happens After A Complaint is Filed and How Must a Governmental Body Respond?
Cost Complaints
If the governmental body receives questions related to a cost complaint, then the PIA requires a governmental body to respond within ten business days.
The governmental body should completely answer every question asked.
Informal Complaint
If the governmental body receives correspondence related to a complaint, then the governmental body should respond within ten business days.
The governmental body should explain how it has complied with the Act. A form may be provided to assist the governmental body’s response.
How Are Complaints Resolved?
Cost Complaints
After receiving a governmental body’s response, the ORD will make a determination as to the appropriate charges.
Informal Complaint
Informal complaints may end in a variety of ways, including a letter confirming the governmental body’s actions were permissible, a letter acknowledging the governmental body has come into compliance, or other enforcement actions.