|(a) Request for records. A person seeking records under
Government Code, Chapter 552, Public Information, must submit a request
in writing to the department. The department will accept only a written
request that is delivered to the officer for public information or
a person designated by that officer and that is made using one of
the following methods:
(1) United States mail to any district or division
(2) hand delivery to any district or division office;
(3) electronic mail to TxDOT_ORR@txdot.gov; or
(4) electronic submission through the open records
portal on the department's Internet website, located at http://www.txdot.gov.
(b) Production of records. Except as provided in subsections
(d), (e), and (f) of this section, the department will provide copies
or promptly produce official department records for inspection, duplication,
or both. If the requested information is unavailable for inspection
at the time of the request because it is in active use or otherwise
not readily available, the department will certify this fact in writing
within 10 business days after the date the information is requested
to the applicant and specify a date within a reasonable time when
the record will be available for inspection or duplication.
(c) Examination of information.
(1) A person requesting to examine official records
in the offices of the department must complete the examination without
disrupting the normal operations of the department and not later than
the 10th day after the date the records are made available to the
person. Upon written request, the department will extend the examination
period by increments of 10 days, not to exceed a total of 30 days.
(2) The inspection of records may be interrupted by
the department if the records are needed for use by the department.
The period of interruption will not be charged against the requestor's
10-day period to examine the records.
(3) A person may not remove an original copy of an
official department record from the offices of the department.
(d) Request for opinion. If the department considers
that requested records fall within an exception under the Government
Code, and that the records should be withheld, the department will
ask for a decision from the attorney general about whether the records
are within that exception if there has not been a previous determination
about whether the records fall within one of the exceptions. The request
for a decision from the attorney general will be made by the 10th
business day after the date of receiving the written request.
(e) Certified records. In accordance with Transportation
Code, §201.501, the following officials shall serve as the executive
director's authorized representatives for the purpose of certifying
official department records.
(1) The department's chief clerk to the commission
or assistant chief clerk may certify commission minute orders. The
executive director may delegate certification authority to other officials
to assure sufficient availability of authorized certifying officials.
(2) Other official records of the department may be
certified by the district engineer, division director, or other department
official having official custody of the records. A district engineer
or division director may delegate certification authority to other
officials to assure sufficient availability of authorized certifying
(f) Correction of Information. An individual may request
the correction of information about that individual in the following
(1) A request to correct information may be submitted
in writing or through the department's Internet site, located at http://www.txdot.gov.
The request must be directed to the district engineer or division
director of the district or division responsible for the information.
(2) The request must include the individual's name,
address, and telephone number.
(3) The request must identify the record to be corrected
with as much specificity as reasonably possible. The department will
not process requests that do not identify particular records.
(4) This subsection applies only to a request to correct
information that relates directly to an individual, including the
individual's name, address, telephone number, and similar information.
(5) The department may contact the individual or take
other steps as necessary to obtain additional information with regard
to the record to be corrected, the nature of the correction to be
made, the reasons that the current information maintained by the department
is incorrect, or other relevant matters.
(6) The district engineer or division director responsible
for the information will determine if the current information maintained
by the department is incorrect.
(A) If the current information maintained by the department
is determined to be incorrect, the department's records will be corrected.
The district engineer or division director responsible for the information
will determine the manner in which the correction will be made.
(B) If the current information maintained by the department
is determined to be correct, the request for correction will be noted
in connection with the relevant record.
(C) The department may refuse to alter records that
were correct at the time they were first prepared, but are no longer
correct. If the department refuses to alter a record that was correct
at the time it was first prepared, but is no longer correct, the request
for correction will be noted in connection with the relevant record.
(7) This subsection does not authorize the cancellation,
issuance, or alteration of any official record, including a title,
a license, or a permit. Application for a new official record must
be made in the manner required by law.
|Source Note: The provisions of this §3.12 adopted to be effective September 26, 1996, 21 TexReg 8955; amended to be effective October 20, 1997, 22 TexReg 10155; amended to be effective June 21, 1998, 23 TexReg 6254; amended to be effective July 23, 2000, 25 TexReg 6802; amended to be effective October 21, 2001, 26 TexReg 8194; amended to be effective November 18, 2004, 29 TexReg 10582; amended to be effective May 20, 2010, 35 TexReg 3851; amended to be effective March 21, 2013, 38 TexReg 1877; amended to be effective February 20, 2014, 39 TexReg 998; amended to be effective June 17, 2020, 45 TexReg 4057