| (a) Purpose. This rule provides information about requests
submitted to the Texas Juvenile Justice Department (TJJD) for public
information consistent with the Public Information Act, Texas Government
Code Chapter 552.
(b) General Provisions.
(1) Pursuant to Texas Government Code §552.201,
the executive director is the officer for public information. The
executive director may designate an open records coordinator to respond
to requests for public information. Each department head within TJJD
is an agent of the executive director for purposes of complying with
the Public Information Act.
(2) TJJD must:
(A) make public information available for inspection
and copying;
(B) carefully protect public information from deterioration,
alteration, mutilation, loss, or unlawful removal; and
(C) repair, renovate, or re-bind public information
as necessary to maintain it properly.
(3) Each TJJD facility and office must post a sign
in the administrative offices of the facility in the form prescribed
by the Office of the Attorney General. The sign must contain the basic
rights of a requestor of public information, the responsibilities
of TJJD, and the procedures for inspecting or obtaining a copy of
public information.
(4) All requests must be in writing and should include
the name, address, and telephone number of the requestor. Requests
submitted by fax or e-mail are not considered received until submitted
to the fax number or email address designated by TJJD on its website.
(5) Except as described in paragraph (6) of this subsection,
information that is open for inspection must promptly be made available
to the requestor. Promptly means as soon as possible under the circumstances,
within a reasonable time, and without delay. If a response to a request
cannot be made within 10 business days after receipt of the request,
the open records coordinator must notify the requestor in writing
of the date on which the records will be made available. TJJD is not
entitled to automatically withhold for 10 business days information
that is not excepted from public disclosure.
(6) If TJJD determines the request will require an
opinion by the Office of the Attorney General as to the releasability
of the requested information, the request to the Office of the Attorney
General shall be made within 10 business days after receipt of the
request for information, with written notice provided to the requestor.
Otherwise, the information is open for inspection.
(7) Information requested by a member of the legislature
or a member of a legislative body is provided at no charge. If the
requested information is confidential, it remains confidential while
in the possession of the requestor. The requestor must complete an
affidavit regarding confidentiality of the information.
(8) Costs for production of requested documents are
based on guidelines provided in 1 TAC Chapter 70.
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| Source Note: The provisions of this §385.8101 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective October 1, 1997, 22 TexReg 9477; amended to be effective July 31, 2001, 26 TexReg 3941; amended to be effective December 14, 2003, 28 TexReg 11098; amended to be effective July 19, 2006, 31 TexReg 5666; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
