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RULE §101.10Public Information

(a) Information included in an annual report filed under this chapter is public information and is not confidential unless it is determined to be confidential under Texas Health and Safety Code §161.354.

(b) Before releasing any information, the department shall:

  (1) submit the information to the attorney general with a request that the attorney general make the determinations called for under Texas Health and Safety Code §161.354(b) and (d), and Texas Government Code §552.110;

  (2) submit the information to the attorney general in accordance with procedures set out in the Texas Government Code, Chapter 552, and the attorney general's Public Information Act Handbook ;

  (3) contemporaneous with each submission under this subsection, notify the person who submitted the information so that person may exercise his or her rights under Texas Government Code §552.305; and

  (4) following an opinion from the attorney general under this subsection, which would allow release of any information, the submitter of the information shall be immediately notified, and the department shall delay release for 30 days to allow:

    (A) the department to make the determination called for in Texas Health and Safety Code, §161.354(c); and

    (B) the submitter of the information opportunity to obtain judicial review of the attorney general's opinion.

Source Note: The provisions of this §101.10 adopted to be effective June 4, 1998, 23 TexReg 5687; amended to be effective April 2, 2023, 48 TexReg 1723

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