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Texas Public Information Act: How to Request Public Records

Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 9, 2026. · 5 primary sources cited on this page. How we verify our legal content

Texas Public Information Act: How to Request Public Records

Frequently Asked Questions

Does Texas have to give me records within 10 business days?

No, and this is the most common mistake in Texas public records practice. Section 552.221(a) requires production 'promptly', which the statute defines as 'as soon as possible under the circumstances, that is, within a reasonable time, without delay.' There is no fixed day count for production. The 10 business day figure comes from Section 552.301, which is the deadline for the governmental body to ask the Attorney General for a ruling when it wants to withhold information. As of August 2026 that remains the structure of the Act.

Do I have to live in Texas to file a public information request?

No. The Texas Public Information Act is open to any person and does not impose a residency requirement. That distinguishes Texas from states such as Tennessee and Virginia, whose statutes guarantee access to citizens of that state. An out of state requester can send the same written request a Texas resident would send.

Do I have to say why I want the records?

No. Chapter 552 is built around a right of access to public information rather than a showing of need, and a governmental body generally may not require you to state your purpose as a condition of access. Volunteering context is sometimes useful in practice, for example to help staff locate an unusual record, but it is not a legal requirement.

What does it mean when the city says it has 'referred my request to the Attorney General'?

It means the governmental body has decided some of what you asked for falls within a Chapter 552 exception and, as Section 552.301 requires, has asked the Attorney General's Open Records Division to decide whether it may withhold. It must do that within 10 business days of receiving your written request. You can write to the Open Records Division yourself and argue that the information should be released. The outcome arrives as a written open records ruling.

How much can a Texas agency charge me for copies?

Section 552.261(a) requires the charge to be an amount that reasonably includes all costs related to reproducing the information, including materials, labor and overhead. For a request of 50 or fewer pages of paper records, the charge is limited to the per page copy charge, with exceptions for records stored in a separate building or in remote storage. Texas also has a public interest fee waiver: Section 552.267(a) says a governmental body shall provide a copy without charge or at a reduced charge if it determines that a waiver or reduction is in the public interest because providing the copy primarily benefits the general public. The discretion sits in that determination, so state the public benefit concretely in your request rather than asking for a waiver in the abstract. Section 552.267(b) separately lets the body waive the charge where it determines that processing the collection of the charge would cost more than the charge itself, though unlike subsection (a) that waiver is discretionary, not mandatory.

Can I get body camera video in Texas?

Sometimes, but expect friction. Body worn camera recordings are subject to a separate statutory scheme in addition to Chapter 552, and departments commonly ask for enough detail to identify the specific recording, including date, time and location, before they will search. Where a case is open, agencies typically withhold under a law enforcement exception and send the question to the Attorney General, so the answer often arrives as an AG ruling rather than as prompt release. Redaction is common even where footage is released.

What can I do if a Texas agency simply ignores my request?

Follow up in writing first and ask whether the body is withholding anything and whether it has sought an Attorney General decision. Section 552.321(a) is written in the alternative, so a requester may file suit for a writ of mandamus if the body refuses to request an attorney general's decision, or refuses to supply public information, or refuses to supply information that the attorney general has already determined is public. Any one of those branches supports the suit on its own. Complaints about specific practices, including overcharging, can also go to the Attorney General's open government office.

Is a Texas public information request the same as a federal FOIA request?

No. The federal Freedom of Information Act, 5 U.S.C. 552, reaches federal executive branch agencies only. A request for records held by a Texas city, county, school district or state agency runs under Chapter 552 instead. The two have different deadlines, different fee rules and different appeal paths. If you need records from a federal agency, see our guide to filing a federal FOIA request.

Updates

Governing law re-checked for recent changes

Corrected the description of Section 552.267(b)'s cost-exceeds-charge waiver from mandatory ('must provide') to the statute's actual discretionary standard ('may waive'), in both the body text and the matching FAQ answer.

Governing law re-checked for recent changes

Independently fact-checked against the cited primary sources

Sources and References

  1. Texas Government Code Chapter 552, Public Information(statutes.capitol.texas.gov).gov
  2. Texas Government Code § 552.221, Application for public information; production of public information(statutes.capitol.texas.gov).gov
  3. Texas Government Code § 552.267, Waiver or reduction of charge for providing copy of public information(statutes.capitol.texas.gov).gov
  4. Texas Attorney General, Open Government(texasattorneygeneral.gov).gov
  5. FOIA.gov, the US government FOIA portal (federal requests)(foia.gov).gov
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