Relevant Status

The PIA allows civil and criminal penalties for state employees who do not comply with open records requests. In some cases, state institutions may legally redact information of an intimate or embarrassing nature Section IV 33 when the public has no legitimate interest in knowing that information. However, they may not do so on their own, without a ruling from the Office of the State Attorney General.

Three of the most important requirements of this law are:

• Anyone may request access to state governmental records. • Public information officers are not allowed to ask any individual why he or she wants access to public records. • All state government information is presumed to be public information unless it is specifically exempt, or ruled exempt by the State Attorney General.

Under state law, there is no special form that an individual must complete to make a request for public information. Requests do not have to be in writing. Any inquiry from any person that can reasonably be interpreted as a request for information is covered by the PIA. For that reason, any employer who receives a request for information must immediately inform the office of UH System Counsel and refer the person making the request to that office. Requests that are received via e-mail or fax must be forwarded immediately to the office of UH System Counsel. Once a state employee has received a request, he or she may not delete or otherwise destroy any records that have been requested. It is important to note as well that the law does not require state employees to create new records that did not exist when the request for information was made.

Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99 Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191,104th Congress, especially §264 Texas Public Information Act (PIA), Texas Government Code §552.

Texas Office of the Attorney General, Public Information Act Handbook 2014

Texas Department of State Health Services. HIPAA at DSHS. Last updated November 20, 2012. U.S. Department of Education. The Family Educational Rights and Privacy Act Guidance for Eligible Students. Last updated February 2011.