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2000 Texas Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagtx0076 and id is 1 raw text is: Page 1 of 5 Office of the Attorney General - State of Texas John Comyn February 8, 2000 Open Records Decision No. 664 Re: Does the requirement imposed by section 552.221(a) of the Government Code, that the governmental body promptly release information deemed to be public, mean that the body must release the information as close to immediately as possible under the circumstances, or does promptly mean simply no later than ten business days after the receipt of the request for that information? (ORQ-45) Dear Ladies and Gentlemen: Section 552.011 of the Government Code grants the Attorney General the authority to issue opinions for the purpose of maintaining uniformity in the application, operation, and interpretation of the Public Information Act. Under that authority, we consider whether the requirement under section 522.221(a) of the Government Code that a governmental body promptly produce information required to be released means that the governmental body must release the information as soon as possible, or whether promptly simply means that a governmental body must release requested information within ten business days of the request. This decision is limited to a discussion of the proper timing of the release of information that is determined to be public information not subject to an exception to required public disclosure. We conclude that section 552.221(a) requires the release of information not excepted from required disclosure as soon as possible under the circumstances, that is, within a reasonable time, without delay. Section 552.221 of the Government Code describes the mechanism for compliance with a request for public information. The provision, which requires prompt production of public information and provides for two situations in which a governmental body must communicate with the requestor about a need to schedule inspection or duplication of requested information, reads as follows: Sec. 552.221. Application for Public Information; Production of Public Information. (a) An officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both on application by any person to the officer. (b) An officer for public information complies with Subsection (a) by:

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