====== Request public information from a Texas governmental body ====== **Texas · How do I request public records?** · state model checked by Claude · quality 0.99 //Generated by [[https://github.com/alibama/lexflow|lexflow]] from the state statutes (open-us-law, government publisher text) and checked by Claude: every quoted phrase was matched word for word against the statute text, and the process passed the BPMN/DMN schemas, bpmnlint and a Petri-net soundness check. Information, not legal advice.// **Governing law:** [[https://tcss.legis.texas.gov/resources/GV/htm/GV.552.htm#552.221|Tex. Government Code § 552.221]] — APPLICATION FOR PUBLIC INFORMATION; PRODUCTION OF PUBLIC INFORMATION. ===== Process map ===== Any person applies to a governmental body's officer for public information, for inspection or copies Texas has no deemed-denial rule in these sections. If a governmental body misses a § 552.301 deadline (asking the attorney general within 10 business days, sending the requestor the (d) statement and copy within 10 business days, or submitting the (e) materials and sending the (e-1) copy of comments within 15 business days), § 552.302 presumes the information public: it must be released unless there is a compelling reason to withhold it. Each of those timers is modelled as 'right-lapses' and routes to release_presumed_public, which rejoins production. The compelling-reason exception is not modelled as a branch. The four attorney-general steps are modelled in sequence (ask, inform the requestor, submit, copy comments) because sequential interrupting timers keep the model sound. The statute sets only outer deadlines and does not fix the order: (b) and (d) share the 10-business-day limit, and (e) and (e-1) share the 15-business-day limit. The attorney general's ruling, its deadline and any suit after it (§ 552.306 and later sections) are outside the sections used, so the attorney-general path ends at awaiting_ag_decision. § 552.301(f) is modelled by the prior_determination_public column: when the body previously requested and received a determination and the attorney general or a court held the precise information public, the body must release it and may not ask for a decision, so the rule falls through to production. On that row the table does not also test the (c) or (d) delay conditions. § 552.301(g) (asking for another decision after a suit) is not modelled. § 552.301 speaks of a 'written request', while § 552.221(a) requires production 'on application by any person' without saying the application must be in writing. How requests may be submitted (§ 552.234) is outside the sections used. Under (a-1), a mailed request whose receipt date cannot be established counts as received on the third business day after the postmark. This affects every clock but is not a separate step. Delayed production (c), (d): both certifications use one step, certify_delay, reached through the delayed_production output. The statute requires the certification when production cannot occur within 10 business days but does not say by when the certificate itself must be sent, so no timer is attached. The 10-business-day deadlines in (f) and (g) state no consequence for missing them and are marked 'unstated'. Production methods (b), (b-1), (b-2): a URL referral is allowed only when the information is identifiable and readily available on the body's public website, and if the requestor prefers another manner the body must use (b). The production_method table encodes this with FIRST hit policy. The refer_to_url step carries the (b-2) duty: if the URL is sent by e-mail, the e-mail must state in a conspicuous font that the requestor may still inspect, duplicate or receive the information by mail. The statute does not require the referral itself to be by e-mail. Charges (§ 552.261): copies are charged at an amount covering materials, labor and overhead, but requests for 50 or fewer pages of paper records are limited to a per-page charge unless the pages are in two or more separate buildings or a remote storage facility (a, c). The requestor may require a signed written statement of the labor time, free of charge (b), and same-day requests from one individual may be combined for cost purposes (e). Charges accrue when the body advises that the copy is available on payment (d). Only mailed copies are modelled as requiring payment first; charges for copies made at the offices are not modelled. Withdrawal (§ 552.221(e)): the 60-day periods are stated as 'the 60th day', so the timers use calendar days. One runs from when the information is made available for inspection or duplication at the offices, the other from when the requestor is informed of the charges; both lead to request_withdrawn. Only some branches must be in writing: the no-information notice (f), withholding under a previous determination (g), the attorney-general statement (§ 552.301(d)) and the delay certificates (c), (d). The statute does not say whether ordinary production must be preceded by any written response. Submission to the attorney general (§ 552.301(e)): the body submits the (e)(1)(A) comments, a copy of the request, a signed statement or evidence of the receipt date, and a copy of the specific information or, for a voluminous request, representative samples; under (e)(2) that copy or those samples must be labeled to show which exceptions apply to which parts. These are modelled as one step under the 15-business-day deadline. start request_ag_decision request_ag_decision_deadline inform_requestor_ag inform_requestor_ag_deadline submit_to_ag submit_to_ag_deadline copy_comments_to_requestor copy_comments_to_requestor_deadline release_presumed_public no_information withheld_prior_determination awaiting_ag_decision information_provided request_withdrawn information_provided_join release_presumed_public_merge request_withdrawn_merge submit_request decide_response notify_no_information notify_no_information_deadline notify_no_information_deadline_end notify_withheld_prior notify_withheld_prior_deadline notify_withheld_prior_deadline_end certify_delay produce advise_charges pay_charges_wait pay_charges pay_charges_timeout mail_copies refer_to_url inspect_or_duplicate_wait inspect_or_duplicate inspect_or_duplicate_timeout produce_join decide_response_gw produce_gw Tex. Government Code § 552.221(a): “shall promptly produce public information for inspection, duplication, or both on application by any person to the officer” shall promptly produce public information for inspection, duplication, or both on application by any person to the officer sf9 Tex. Government Code § 552.221(a): “on application by any person to the officer” on application by any person to the officer sf9 sf10 Tex. Government Code § 552.221(a): “An officer for public information of a governmental body shall promptly produce public information” An officer for public information of a governmental body shall promptly produce public information response_path sf10 sf11 Tex. Government Code § 552.221(f): “the officer for public information shall notify the requestor in writing” the officer for public information shall notify the requestor in writing sf12 sf28 Tex. Government Code § 552.221(f): “not later than the 10th business day after the date the request is received” not later than the 10th business day after the date the request is received sf1 P10D Tex. Government Code § 552.221(f) [implied]: “not later than the 10th business day after the date the request is received” not later than the 10th business day after the date the request is received sf1 Tex. Government Code § 552.221(g)(2): “identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information” identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information sf13 sf29 Tex. Government Code § 552.221(g): “not later than the 10th business day after the date the request is received” not later than the 10th business day after the date the request is received sf2 P10D Tex. Government Code § 552.221(g) [implied]: “not later than the 10th business day after the date the request is received” not later than the 10th business day after the date the request is received sf2 Tex. Government Code § 552.301(b): “must ask for the attorney general's decision and state the specific exceptions that apply” must ask for the attorney general's decision and state the specific exceptions that apply sf14 sf17 Tex. Government Code § 552.301(b): “within a reasonable time but not later than the 10th business day after the date of receiving the written request” within a reasonable time but not later than the 10th business day after the date of receiving the written request sf34 P10D Tex. Government Code § 552.301(d)(2): “a copy of the governmental body's written communication to the attorney general asking for the decision” a copy of the governmental body's written communication to the attorney general asking for the decision sf17 sf18 Tex. Government Code § 552.301(d): “not later than the 10th business day after the date of receiving the requestor's written request” not later than the 10th business day after the date of receiving the requestor's written request sf35 P10D Tex. Government Code § 552.301(e)(1)(A): “written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld” written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld sf18 sf19 Tex. Government Code § 552.301(e): “within a reasonable time but not later than the 15th business day after the date of receiving the written request” within a reasonable time but not later than the 15th business day after the date of receiving the written request sf36 P15D Tex. Government Code § 552.301(e-1): “shall send a copy of those comments to the person who requested the information from the governmental body” shall send a copy of those comments to the person who requested the information from the governmental body sf19 sf30 Tex. Government Code § 552.301(e-1): “not later than the 15th business day after the date of receiving the written request” not later than the 15th business day after the date of receiving the written request sf37 P15D Tex. Government Code § 552.302: “the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information” the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information sf40 sf21 Tex. Government Code § 552.221(d): “the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication” the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication sf15 sf20 Tex. Government Code § 552.221(b): “An officer for public information complies with Subsection (a) by” An officer for public information complies with Subsection (a) by production_method sf7 sf22 Tex. Government Code § 552.261(d): “the governmental body advises the requestor that the copy is available on payment of the applicable charges” the governmental body advises the requestor that the copy is available on payment of the applicable charges sf23 sf26 sf26 sf3 sf4 Tex. Government Code § 552.221(b)(2): “pays the postage and any other applicable charges that the requestor has accrued under Subchapter F” pays the postage and any other applicable charges that the requestor has accrued under Subchapter F sf3 sf27 Tex. Government Code § 552.221(e): “fails to pay the postage and any other applicable charges accrued under Subchapter F on or before the 60th day after the date the requestor is informed of the charges” fails to pay the postage and any other applicable charges accrued under Subchapter F on or before the 60th day after the date the requestor is informed of the charges sf4 sf38 P60D Tex. Government Code § 552.221(b)(2): “sending copies of the public information by first class United States mail” sending copies of the public information by first class United States mail sf27 sf32 Tex. Government Code § 552.221(b-2): “the e-mail must contain a statement in a conspicuous font clearly indicating that the requestor may nonetheless access the requested information by inspection or duplication or by receipt through United States mail” the e-mail must contain a statement in a conspicuous font clearly indicating that the requestor may nonetheless access the requested information by inspection or duplication or by receipt through United States mail sf24 sf31 sf25 sf5 sf6 Tex. Government Code § 552.221(e): “inspect or duplicate the public information in the offices of the governmental body” inspect or duplicate the public information in the offices of the governmental body sf5 sf33 Tex. Government Code § 552.221(e): “fails to inspect or duplicate the public information in the offices of the governmental body on or before the 60th day after the date the information is made available” fails to inspect or duplicate the public information in the offices of the governmental body on or before the 60th day after the date the information is made available sf6 sf39 P60D Tex. Government Code § 552.221(f): “determines it has no information responsive to a request for information” determines it has no information responsive to a request for information sf28 Tex. Government Code § 552.221(g)(1): “notify the requestor in writing that the information is being withheld” notify the requestor in writing that the information is being withheld sf29 Tex. Government Code § 552.301(d)(1): “has asked for a decision from the attorney general about whether the information is within an exception to public disclosure” has asked for a decision from the attorney general about whether the information is within an exception to public disclosure sf30 Tex. Government Code § 552.221(a): “produce public information for inspection, duplication, or both” produce public information for inspection, duplication, or both sf8 Tex. Government Code § 552.221(e): “A request is considered to have been withdrawn” A request is considered to have been withdrawn sf41 sf16 sf20 sf21 sf7 sf31 sf32 sf33 sf8 sf11 sf12 sf13 sf14 sf15 sf16 sf22 sf23 sf24 sf25 sf34 sf35 sf36 sf37 sf40 sf38 sf39 sf41 no_responsive_information withheld_by_prior_determination seeks_ag_decision delayed_production charges_apply url_referral inspection_in_offices ===== Steps and the words they come from ===== - **Apply to officer for public information** — Requestor (any person) · //right// (§ 552.221(a)) \\ “//on application by any person to the officer//” - **Decide how to answer the request** — Officer for public information · //obligation// (§ 552.221(a)) \\ “//An officer for public information of a governmental body shall promptly produce public information//” - **Notify requestor in writing: no responsive information** — Officer for public information · within 10 business days · //obligation// (§ 552.221(f)) \\ “//the officer for public information shall notify the requestor in writing//” - **Notify withholding; identify previous determination relied on** — Officer for public information · within 10 business days · //obligation// (§ 552.221(g)(2)) \\ “//identify in the notice the specific previous determination the governmental body is relying on to withhold the requested information//” - **Ask attorney general for decision, stating exceptions** — Governmental body · within 10 business days · //obligation// (§ 552.301(b)) \\ “//must ask for the attorney general's decision and state the specific exceptions that apply//” - **Send requestor statement and copy of AG request** — Governmental body · within 10 business days · //obligation// (§ 552.301(d)(2)) \\ “//a copy of the governmental body's written communication to the attorney general asking for the decision//” - **Submit reasons, request, receipt date, labeled copy/samples** — Governmental body · within 15 business days · //obligation// (§ 552.301(e)(1)(A)) \\ “//written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld//” - **Send requestor copy of comments to AG** — Governmental body · within 15 business days · //obligation// (§ 552.301(e-1)) \\ “//shall send a copy of those comments to the person who requested the information from the governmental body//” - **Release information presumed public** — Governmental body · //obligation// (§ 552.302) \\ “//the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information//” - **Certify delay in writing; set date and hour** — Officer for public information · //obligation// (§ 552.221(d)) \\ “//the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication//” - **Produce information by an allowed method** — Officer for public information · //obligation// (§ 552.221(b)) \\ “//An officer for public information complies with Subsection (a) by//” - **Advise copies available on payment of charges** — Officer for public information (§ 552.261(d)) \\ “//the governmental body advises the requestor that the copy is available on payment of the applicable charges//” - **Pay postage and applicable charges** — Requestor (any person) · within 60 days (§ 552.221(b)(2)) \\ “//pays the postage and any other applicable charges that the requestor has accrued under Subchapter F//” - **Mail copies by first class mail** — Officer for public information · //obligation// (§ 552.221(b)(2)) \\ “//sending copies of the public information by first class United States mail//” - **Give exact URL; e-mail must state alternatives** — Officer for public information · //obligation// (§ 552.221(b-2)) \\ “//the e-mail must contain a statement in a conspicuous font clearly indicating that the requestor may nonetheless access the requested information by inspection or duplication or by receipt through United States mail//” - **Inspect or duplicate information at body's offices** — Requestor (any person) · within 60 days · //right// (§ 552.221(e)) \\ “//inspect or duplicate the public information in the offices of the governmental body//” ===== How does the officer answer the request? ===== Decision table (DMN), hit policy FIRST. ^ Body has responsive information ^ A previous determination permits or requires withholding ^ Body wishes to withhold under a Subchapter C exception ^ Information in active use or in storage ^ Can be produced within 10 business days ^ Attorney general or court already held this precise information public ^ → Response ^ → No responsive information ^ → Withheld under previous determination ^ → Attorney general decision sought ^ → Production certified for a later date ^ Source ^ | false | - | - | - | - | - | Notify in writing that no responsive information exists | true | false | false | false | § 552.221(f) | | true | true | - | - | - | - | Notify withholding and identify the previous determination | false | true | false | false | § 552.221(g) | | true | false | - | - | - | true | Release; may not ask the attorney general | false | false | false | false | § 552.301(f) | | true | false | true | - | - | - | Ask the attorney general for a decision and inform the requestor | false | false | true | false | § 552.301(a) | | true | false | false | true | - | - | Certify unavailability in writing; set date and hour | false | false | false | true | § 552.221(c) | | true | false | false | false | false | - | Certify that production will take longer; set date and hour | false | false | false | true | § 552.221(d) | | true | false | false | false | true | - | Produce promptly | false | false | false | false | § 552.221(a) | ===== How is the information produced? ===== Decision table (DMN), hit policy FIRST. ^ Requestor asks for copies by mail ^ Identifiable and readily available on the body's public website ^ Requestor prefers a manner other than the URL ^ → Method of production ^ → Postage and charges to be paid first ^ → Inspection or duplication in the body's offices ^ → Requestor referred to the exact URL ^ Source ^ | true | - | - | Mail copies first class once postage and charges are paid | true | false | false | § 552.221(b)(2) | | false | true | false | Refer the requestor to the exact URL on the body's website | false | false | true | § 552.221(b-1) | | false | - | - | Provide for inspection or duplication in the body's offices | false | true | false | § 552.221(b)(1) | ===== What the text leaves open ===== * Texas has no deemed-denial rule in these sections. If a governmental body misses a § 552.301 deadline (asking the attorney general within 10 business days, sending the requestor the (d) statement and copy within 10 business days, or submitting the (e) materials and sending the (e-1) copy of comments within 15 business days), § 552.302 presumes the information public: it must be released unless there is a compelling reason to withhold it. Each of those timers is modelled as 'right-lapses' and routes to release_presumed_public, which rejoins production. The compelling-reason exception is not modelled as a branch. * The four attorney-general steps are modelled in sequence (ask, inform the requestor, submit, copy comments) because sequential interrupting timers keep the model sound. The statute sets only outer deadlines and does not fix the order: (b) and (d) share the 10-business-day limit, and (e) and (e-1) share the 15-business-day limit. * The attorney general's ruling, its deadline and any suit after it (§ 552.306 and later sections) are outside the sections used, so the attorney-general path ends at awaiting_ag_decision. § 552.301(f) is modelled by the prior_determination_public column: when the body previously requested and received a determination and the attorney general or a court held the precise information public, the body must release it and may not ask for a decision, so the rule falls through to production. On that row the table does not also test the %%(c)%% or (d) delay conditions. § 552.301(g) (asking for another decision after a suit) is not modelled. * § 552.301 speaks of a 'written request', while § 552.221(a) requires production 'on application by any person' without saying the application must be in writing. How requests may be submitted (§ 552.234) is outside the sections used. Under (a-1), a mailed request whose receipt date cannot be established counts as received on the third business day after the postmark. This affects every clock but is not a separate step. * Delayed production %%(c)%%, (d): both certifications use one step, certify_delay, reached through the delayed_production output. The statute requires the certification when production cannot occur within 10 business days but does not say by when the certificate itself must be sent, so no timer is attached. The 10-business-day deadlines in (f) and (g) state no consequence for missing them and are marked 'unstated'. * Production methods (b), (b-1), (b-2): a URL referral is allowed only when the information is identifiable and readily available on the body's public website, and if the requestor prefers another manner the body must use (b). The production_method table encodes this with FIRST hit policy. The refer_to_url step carries the (b-2) duty: if the URL is sent by e-mail, the e-mail must state in a conspicuous font that the requestor may still inspect, duplicate or receive the information by mail. The statute does not require the referral itself to be by e-mail. * Charges (§ 552.261): copies are charged at an amount covering materials, labor and overhead, but requests for 50 or fewer pages of paper records are limited to a per-page charge unless the pages are in two or more separate buildings or a remote storage facility (a, c). The requestor may require a signed written statement of the labor time, free of charge (b), and same-day requests from one individual may be combined for cost purposes (e). Charges accrue when the body advises that the copy is available on payment (d). Only mailed copies are modelled as requiring payment first; charges for copies made at the offices are not modelled. * Withdrawal (§ 552.221(e)): the 60-day periods are stated as 'the 60th day', so the timers use calendar days. One runs from when the information is made available for inspection or duplication at the offices, the other from when the requestor is informed of the charges; both lead to request_withdrawn. * Only some branches must be in writing: the no-information notice (f), withholding under a previous determination (g), the attorney-general statement (§ 552.301(d)) and the delay certificates %%(c)%%, (d). The statute does not say whether ordinary production must be preceded by any written response. * Submission to the attorney general (§ 552.301(e)): the body submits the (e)(1)(A) comments, a copy of the request, a signed statement or evidence of the receipt date, and a copy of the specific information or, for a voluminous request, representative samples; under (e)(2) that copy or those samples must be labeled to show which exceptions apply to which parts. These are modelled as one step under the 15-business-day deadline. ===== Checks ===== * Quotes checked word for word: 42 (0 not exact) * BPMN / DMN schema errors: 0 / 0; bpmnlint errors: 0 * Petri nets sound: 1 of 1 * Sections used: Tex. Government Code § 552.221, Tex. Government Code § 552.301, Tex. Government Code § 552.302, Tex. Government Code § 552.261 ← [[lexflow:tx|Texas]] · [[lexflow:start|lexflow models]]