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Private agency, public dollars-Texas

Texas
Common Definition Themes
These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.
1.) Receive or dispense public funds: Yes.pngp [1]
2.) Created by a public agency: No.pngf
3.) Present themselves as a public entity: No.pngf
4.) Perform a public function: No.pngf
5.) Controlled or managed by a public entity: Yes.pngp[2]
Key:
No.pngf=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.
Yes.pngp=This characteristic alone is sufficient to bring an organization under the FOIA.
And.pngx=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.
Suggest.pngw=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.

Contents

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Sunshine Laws
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How to Make Records Requests
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Sunshine Legislation
2010
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption


[edit] Recent news

[edit] May 18, 2010

This story has been deemed Blog-worthy, read our thoughts here

Plano, TX A Texas judge this past week agreed with the Plano Economic Development Board (PEDB) and issued a restraining order against a local citizen, Jack Lagos, who had submitted repeated records requests to the Board over the past year. The restraining order prevents Lagos from coming within 500 feet of the Development Board's offices and centers on the court's decision that the Board is a private entity. The ruling does not restrict his ability to submit records request to other state and local agencies though. [3]

[edit] Statutes

The Texas Public Information Act includes in its definition of public body the governing boards of water companies, any "local workforce development board", any "nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state" and "the part, section, or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds."[4]

[edit] References

  1. ↑ Texas Government Code 552.003
  2. ↑ Blankenship v. Brazos Higher Education Authority
  3. ↑ Star Local News, "PEDB wins injunction against citizen", 5/18/2010
  4. ↑ Texas Government Code 552.003

[edit] Litigation

For a full list, see Court cases with an impact on state FOIA, Private companies subject to public records requests.

Here is a list of "Private companies subject to public records requests" litigation for Texas:

  Blankenship v. Brazos Higher Education Authority

Blankenship v. Brazos Higher Education Authority, 975 S.W.2d 353, 360 (Tex. App. 1998).

This case established that if a public body is in control of a private corporation with regard to the approval of actions and the appointment of board members, then it does have a right to view all of the documents of the private corporation, thus rendering those documents public records under the Texas Public Information Act.[1]


[edit] Legislation

We do not currently have any Private agencies legislation legislation for Texas in 2010. To add some, please see WikiProject Proposed state sunshine legislation.


[edit] See also

[edit] External links

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