Open Records Statement
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The Texas Forest Service (TFS) provides copies of records in
accordance with the Public Information Act. This page
includes information about your rights under the Public Information
Act, as well as the steps for requesting the information, and
who to contact.
The Public Information Act
Texas law gives you the right to access government records and
government officials may not ask why you want them. All government
information is presumed to be available to the public. Certain
exceptions may apply to the disclosure of the information. Governmental
bodies shall promptly release requested information that is not
confidential by law or information for which an exception to disclosure
has been sought.
Rights of Requestors -
You have the right to:
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Prompt access to information that is not confidential or otherwise protected;
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Receive treatment equal to all other requestors, including accommodation
in accordance with ADA requirements;
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Receive certain kinds of information without exceptions, for example
the voting record of public officials or information related to
the receipt, expenditure or estimated need for public funds, and
other items;
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Receive a statement of estimated charges, when charges exceed
$40, in advance of work being started and opportunity to revise
the request if charges are too high;
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Choose whether to inspect the requested information (most often
at no charge), receive copies of the information or both;
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A waiver or reduction of charges if the governmental body determines
that access to the information primarily benefits the general
public;
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Notice when the governmental body asks the Office of the Attorney
General for a ruling on whether the information can be withheld
under one of the accepted exceptions;
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Lodge a complaint about charges for public records with the General
Services Commission and a complaint related to other possible
violations with the county attorney, criminal district attorney,
or Office of the Attorney General.
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Responsibilities of Governmental Bodies -
All governmental bodies responding to information requests have
the responsibility to:
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Establish reasonable procedures for inspecting and copying public
information and inform requestors of these procedures;
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Treat all requestors equally, including accommodation in accordance
with ADA requirements;
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Be informed about open records laws and educate employees on the
requirements of those laws;
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Inform requestors of the estimated charges greater than $40 and
any changes in the estimates, and confirm that the requestor agrees
in writing to pay the costs before finalizing the request;
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Inform the requestor if the information cannot be provided promptly
and establish a date and time to provide it within a reasonable time;
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Ask for a ruling from the Office of the Attorney General regarding
any information to be withheld, and inform the requestor of this
request for ruling;
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Segregate public information from information that might be withheld
and provide that public information promptly;
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Inform third parties if their proprietary information is being
requested from the governmental body;
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Respond in writing to all written communications from the General
Services Commission or the Office of the Attorney General regarding
complaints about violations of the Act.
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Procedures to Obtain Information
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Submit a written request (mail, fax, email or in person) according
to a governmental body's reasonable procedures;
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Include enough description and detail about the information requested
to enable the governmental body to accurately identify and locate
the items requested;
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Cooperate with the governmental body's reasonable efforts to clarify
the type or amount of information requested;
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You may review it promptly, and if it cannot be produced within
10 working days the public information officer will notify you
in writing of the reasonable date and time when it will be available;
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Keep appointments to inspect records or pick up copies or risk
losing the opportunity to see the information.
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You must respond to any written estimate of charges within 10
days of the date the governmental body sent it or the request
may be deemed withdrawn.
Note: If estimated costs exceed $100.00 (or $50.00 if a governmental
body has fewer than 16 full time employees) the governmental body
may require a bond, prepayment or deposit;
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You may ask the governmental body to determine whether providing
the information primarily benefits the general public, resulting
in a waiver or reduction of charges;
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Make a timely payment for all mutually agreed charges. A governmental
body can demand payment of overdue balances exceeding $100.00,
or obtain a security deposit, before processing additional requests from you.
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Information that may be withheld due to an exception -
By the 10th business day after you file your request, a governmental
body must:
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Request an Attorney General opinion and state which exceptions apply;
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Notify the requestor of the referral to the Attorney General; and
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Notify third parties if the request involves their proprietary information.
Note: Failure to request an AG opinion and notify the requestor within
10 business days will result in a presumption that the information
is open unless there is a compelling reason to withhold it.
Requestors may send a letter to the Attorney General arguing for
release, and may review arguments made by the governmental body.
The Attorney General must issue an opinion by the 65th working
day from the day you made the request.
Governmental bodies must release information determined by the
Attorney General to be open or file suit within 30 calendar days,
and they may not ask the Attorney General to "reconsider" an opinion.
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To Request Information from this Governmental Body, Please contact:
Custodian of Public Records
Texas Forest Service
301 Tarrow, Suite 364
College Station, TX 77840-7896
Fax: (979) 458-6610
Email: open.records@tfs.tamu.edu
To Submit a Complaint:
For complaints regarding failure to release public information,
please contact your local county or district attorney.
You may also contact the Office of the Attorney General, Open
Records Hotline, at (512) 478-6736 or toll-free at (877) 673-6839.
For complaints regarding overcharges, please contact the General
Services Commission at (512) 475-2497.
Accommodations For Disabilities -
If you need special accommodation pursuant to the Americans With
Disabilities Act (ADA), please contact:
Janelle Overhouse
Office: (979) 458-6606
TDD: (866) 419-4872
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