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Public Information Act

What is the Texas Public Information Act?
What Should My Request Include?
Where Should I Send the Request?
How Will I Be Charged?
When Can I Expect a Response to My Request?
What Happens if Kerrville Public Utility Board (KPUB) Believes the Information I Have Requested is Confidential?
What are my Rights as a Requestor?
Can I Withdraw my Request?
How Do I Find Additional Information About the Texas Public Information Act?

  

What is the Texas Public Information Act?

The Texas Public Information Act (the “Act”) entitles individuals to information about the affairs of government in Texas and the official acts of public officials and employees in Texas, unless otherwise expressly provided by law. A Texas Public Information Act request is a request for public information that is maintained by a Texas governmental agency, such as Kerrville Public Utility Board (KPUB).

What Should My Request Include?

Your request should be in writing and should include the following information:
1) Your name, mailing address, and e-mail address (so we can send you a response)
2) Your phone number (so we can contact you with questions about how to respond to your request)
3) A list or description of the specific information you are interested in obtaining, including time periods. Try to be as specific as possible about the information you are seeking.

Where Should I Send the Request?

Your request should be sent to the KPUB's Public Information Act Officer via mail, fax, e-mail, or in person as follows:
By e-mail to: publicinfo@kpub.com
By fax to: (830) 257-8078 (Attention: Public Information Act Officer)
By mail or in person to: 2250 Memorial Blvd., Kerrville, Texas 78028 (Attention: Public Information Act Officer)

How Will I be Charged?

KPUB is authorized under the Texas Public Information Act to charge requestors for the costs associated with producing public information. These charges are those allowed by the Office of the Attorney General of Texas. 


Texas Public Information Act Request Charges

The basic charge for copies of public information is currently $.10 per page and $1.00 per CD, which are the two most commonly formats of requested information. Voluminous requests may also result in personnel costs, currently a flat rate of $15.00 per hour, and overhead, charged at 20% of the total personnel costs for the request. Pursuant to the Public Information Act, Tex. Gov't Code Chapter 522.2615, if a request for a copy of public information will result in the imposition of a charge that exceeds $40.00, or a request to inspect a paper record will result in the imposition of a charge under 552.271 that exceeds $40.00, the governmental body shall provide the requestor with a written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs. If an alternative less costly method of viewing the records is available, the statement must include a notice that the requestor may contact the governmental body regarding the alternative method.  The Office of the Attorney General has published a handbook interpreting the Texas Public Information Act. This handbook may be accessed on-line at: https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf

When Can I Expect a Response to My Request?

By the 10th business day after KPUB receives your written request, KPUB will (1) Provide you the requested information; (2) Certify a date and time the information will be made available to you; (3) Send you a cost-estimate or a bill for the charges; (4) Ask you to narrow or clarify the scope of your request (please note that the 10 business day deadline starts over when you respond to KPUB’s request for narrowing or clarification); or (5) Request an open records letter ruling from the Office of the Attorney General and provide you a copy of its request.

What Happens if KPUB Believes the Information I Have Requested is Confidential?

KPUB is allowed in certain cases to redact the confidential information without your permission or request a ruling from the Office of the Attorney General of Texas. Otherwise, KPUB may contact you to see if you are willing to narrow the scope of your request to exclude certain items that are confidential (e.g., attorney client privileged communications).  It may be necessary for KPUB to file a brief with the Office of the Attorney General seeking an open records letter ruling on whether the information you have requested is subject to public disclosure.  In such a case, KPUB will then wait for a decision from the Office of the Attorney General (a process that can take up to 45 working days).

What are my Rights as a Requestor?

You have the right to:

  • Prompt access to information that is not confidential or other­wise protected;
  • Receive treatment equal to all other requestors, including ac­commodation in accordance with the Americans with Disabili­ties Act (ADA) requirements;
  • Receive certain kinds of information without exceptions, like the voting record of public officials, and other information;
  • Receive a written statement of estimated charges, when charges will exceed $40, in advance of work being started and opportuni­ty to modify the request in response to the itemized statement;
  • Choose whether to inspect the requested information, receive copies of the information or both;
  • A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;
  • Receive a copy of the communication from KPUB asking the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication discloses the re­quested information, a redacted copy;
  • Lodge a written complaint about overcharges for public infor­mation with the Office of the Attorney General. Complaints of other possible violations may be filed with the county or district attorney of the county where the governmental body, other than a state agency, is located.

    A summary of the rights of requestors and responsibilities of governmental bodies subject to the Act is published by the Office of the Attorney General as part of the OAG's Texas Public Information Act poster.

Can I Withdraw my Request?

You can withdraw your request at any time by sending an e-mail to publicinfo@kpub.com and indicating you would like to withdraw your request.

How Do I Find Additional Information About the Texas Public Information Act?

For more information about the Act, you may wish to refer to the 2016 Public Information Act Handbook published by the Office of the Attorney General of Texas (“OAG”) or the OAG's Texas Public Information Act Poster.