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Texas transparency headlines

This article is a list of transparency related news from Texas.

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Texas Open Meetings Act survives another challenge  2011-04-14 09:54:07

Texas: The Texas Open Meetings Act (TOMA), which sets the ground rules for transparency in meetings of the state’s governmental officials, was challenged in federal court last month. The case, heard by US District Judge Robert Junell on March 25th, was brought by council members from twelve Texas cities – with the City of Alpine leading the challenge. This is the second time Judge Junell has upheld the constitutionality of the Open Meetings Act against a challenge from Apline council members in recent years.

Challengers to the Act not only feel that it inhibits First Amendment rights to free speech but that it is also “vague and confusing.” [1] Arlington Council member Mel LeBlanc explained: "As an elected public official, I am constantly in meetings where the issue of [the act] comes up, and nearly every time, each individual in the meeting has his own interpretation of this law. Thus we defer to city legal counsel for advice, only to be told that the answer is not clear.” [1]

Ultimately Junell ruled that the Open Meetings Act will stand. Junell wrote in his decision that "Open meetings enable public discussion and discourage government secrecy and fraud."[2] He went on to state "Governmental bodies have no First Amendment right to conduct public business behind closed doors. TOMA ensures that governmental bodies perform their duty, which is informing Texas citizens about public affairs." [3]

Junell ruled in favor of TOMA in a similar case brought by the same parties in 2006. The decision was appealed to the US Fifth Circuit, which dismissed the case in 2009 stating the case had lost its relevance because the challengers were no longer public officials.[4] The challengers say they are going to appeal again and there is a possibility the case could reach the US Supreme Court.[5] If that happens, the fate of the Texas Open Meetings Act could affect the fate of open meetings acts across the nation.


Accessing public information could get pricier in Texas  2011-01-10 23:36:30

HOUSTON, Texas: The cost of obtaining public information could go up in Texas if some officials and bureaucrats have their way in the 82nd legislative session which starts on Tuesday. The Houston Independent School District (HISD) along is asking lawmakers to pass legislation that would allow governments to charge citizens for public records requests before they actually deliver the requested documents. "The Houston district also wants the ability to ignore requests from anyone who still owes money from a previous records request," reports Texas Watchdog.[6] A spokesperson for HISD stated they have experienced an increase in public information requests and that the "district should be adequately compensated to reflect the time and resources we spend on complying with these requests."[6]

Transparency advocates aren't buying it. Keith Elkins, executive director of the Freedom of Information Foundation of Texas, says that "there are fair and reasonable cost allowances already on the books."[6] Current Texas public information laws require government offices to provide requestors with an itemized statement of charges for any costs over $40.[7] The law also allows for government offices to charge for materials such as CDs and DVDs, as well as for the labor incurred while gathering the requested materials.[6]

It is unclear from the wording of HISD's legislative agenda exactly what they want to change or how much they seek to increase their fees. The agenda states:

“Allow districts to charge the actual costs for the production of all materials, including the recovery of actual costs of personnel time, to comply with open records requests. Districts should be able to require actual payment of costs prior to compliance and failure to pay after committing to pay relieves districts of any obligation to comply with additional open records requests made by that entity until past balances are paid.”[6][8]

The Freedom of Information Foundation of Texas's director Keith Elkin notes that government bodies have sought to change public information law in a similar fashion in the past. “The bill is worded slightly differently each time, but the bottom line is the same: They want to make a profit from the sale of electronic copies of their records to the public.” [6]

Whether or not government bodies can hike their prices for complying with the Texas Public Information Act will be for legislators to decide in the coming session. Until then Texans can continue accessing their government at the old price.


Greater Houston Partnership ruling could set public information precedent in Texas  2010-12-20 19:13:41

The case started when in 2008 resident Jim Jenkins made a public information request for the Greater Houston Partnership's check register after having his interest spiked over some financial transactions. The Partnership responded that it was not a governmental entity and therefore not subject to the Texas Public Information Act. Judge Scott Jenkins ruled in favor of the resident citing numerous clauses and phrases in the Partnership's contract with the City of Houston that implied an agency relationship as opposed to a strict vendor/service relationship. Insofar as the Partnership is receiving general support by way of public funding and is carrying out governmental responsibilities, Jenkins reasoned they should have to release their records to the public. The case will now go to the Third Court of Appeals of Texas.[9]

The ruling has the potential to set precedent in Texas that would have significant impact on public information access throughout the state. If upheld the ruling could open up many other organizations that contract with governmental entities in Texas to compliance with the Texas Public Information Act.


Texas Supreme Court exempts public employee's birthdates  2010-12-06 11:01:00

Austin, TX On December 3, 2010, the Texas Supreme Court issued its ruling in Texas Comptroller v. Attorney General of Texas, establishing that the release of employees' dates of birth is an "invasion of personal privacy" and the records are thus exempt under Texas law. In the 5-2 decision, the court stated "state employees' privacy interest substantially outweighs the minimal public interest in the information, we hold that disclosure of state employee birth dates would constitute a clearly unwarranted invasion of personal privacy."[10]


Austin, Texas posts e-checkbook online  2010-11-12 18:31:13

The city of Austin, Texas posted its checkbook online on Nov. 12, 2010 [here http://www.cityofaustin.org/financeonline/checkbook/index2.cfm].[11] The e-checkbook is part of a promise by Mayor Lee Leffingwell to make the city's finances more transparent.[12] The site permits citizens to view the city's finances without needing to file a request for records and is searchable by keyword, category, department or payment.[13] Austin City Councilwoman Laura Morrison said, "The more we can make information available out there, I think the better off we're going to be as a community."[13]


Texas Gov. refuses to release contract with donor  2010-11-04 18:44:41

The Austin American-Statesman requested a copy of a $4.5 million contract from the Texas Emerging Technology Fund to an Austin company reportedly founded by David Nance, a donor to and friend of newly re-elected Rick Perry.[14] The governor’s office denied the request, saying it believed the contract was not public under several exceptions to the Texas Public Information Act.[14] Perry has requested an attorney general’s opinion on how he should approach the request for information.[14]

The governor’s office has changed position in a matter of months. The Dallas Morning News made a similar request under the Texas Public Information Act in August 2010 and received a copy of the contract that the American-Statesman requested.[15]


TXDOT won't release records  2010-08-13 15:15:53

The Texas Department of Transportation (TxDOT) is purchasing $8.2 million worth of properties that are obstructing highway development in El Paso. The El Paso Times has filed a public records request for the property owners names, but TxDOT claimed an exemption under the Texas Public Information Act which states that the department does not have to disclose data for ongoing sales.

Reporters believe this is a weak claim because " the properties' location is only protected up to a point and can't be withheld after "the public announcement of the project."[16] Template:2.default

Texas refuses to disclose recipients of weatherization program  2010-07-21 15:19:58

Christina Alvarado, an assistant state attorney general has ruled that, according to guidelines for the Department of Housing and Community Affairs, recipients of the stimulus funds for the weatherization program will not be disclosed.[17]

According to Texas Watchdog, "Alvarado said the Department of Energy gets its authority to keep secret who benefits from the taxpayer-financed program from guidelines included in the Energy Conservation and Production Act."

Texas Watchdog submitted the public records request after finding out that one of the contracting companies, Sheltering Arms Senior Services of Houston, received the worst inspection report in the state.[18][19]


Texas Economic Development Board obtains restraining order to prevent records requests  2010-05-26 11:15:04

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 but does not restrict his ability to submit records request to other state and local agencies. [20]


Texas Supreme Court clarifies records timeline  2010-03-01 13:59:13

Austin, TX The Texas Supreme Court released an opinion this week clarifying the time line for responding to records requests under the Texas Public Information Act. In the case, Dallas v. Abbott, the court decided that if a public agency requests clarification on a records request, it resets the 10 day deadline for responding tot he request.

[edit] See also

[edit] References

  1. ↑ 1.0 1.1 Star Telegram, "Federal Judge upholds Texas Open Meetings Act", March 25, 2011
  2. ↑ ‘’Start Telegram’’, “Continuing fight to undo Texas Open Meetings Act is nonsensical”, March 28, 2011
  3. ↑ Star Telegram, "Challenge to Texas Open Meetings Act Could go to U.S. Supreme Court", March 31, 2011
  4. ↑ ‘’Alpine Avalanche’’, “Ruling upholds Texas Open Meetings Act”, March 31, 2011
  5. ↑ The Star Telegram, "Challenge to Texas Open Meetings Act could go to U.S. Supreme Court", March 31, 2011
  6. ↑ 6.0 6.1 6.2 6.3 6.4 6.5 Texas Watchdog, "Houston ISD, others to push legislature for upfront payments for public records", January 10, 2011
  7. ↑ Texas Administrative Code, "Cost of Copies of Public Information"
  8. ↑ Houston Independent School District, Legislative Agenda for the 82nd Legislative Session of the Texas Legislature
  9. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named txwatch
  10. ↑ The Dallas Morning News, "Texas Supreme Court rules state workers' birth dates aren't public", 12/4/2010
  11. ↑ KVUE.com "City of Austin unveils e-checkbook" Nov. 12, 2010
  12. ↑ The Austin Chronicle "The Daily Hustle" Nov. 11, 2010
  13. ↑ 13.0 13.1 KXAN.com "Follow your leaders' money trail online" Nov. 12, 2010
  14. ↑ 14.0 14.1 14.2 The Austin American Statesman “Perry refusing to release $4.5M contract with donor's company” Nov. 2, 2010
  15. ↑ The Dallas Morning News “Rick Perry shifts position, opts not to provide technology contract for Convergen that previously had been released” Nov. 3, 2010
  16. ↑ Texas Watchdog, TxDOT refuses to release property details in land deal, Aug. 12, 2010
  17. ↑ Texas Watchdog, Addresses of homes fixed up with federal stimulus dollars can be kept secret, July 21, 2010
  18. ↑ Texas Watchdog, Shoddy workmanship found in $22 million federal stimulus contract to improve the homes of the poor, May 13, 2010
  19. ↑ Texas Watchdog, Sens. Tom Coburn and John McCain's report criticizing federal stimulus spotlights shoddy work by Sheltering Arms Senior Services of Houston, Aug. 3, 2010
  20. ↑ Star Local News, "PEDB wins injunction against citizen", 5/18/2010
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Transparency headlines from the states
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