Public Information Act - Texas Tech University

How the Public Information Act Works
body assesses the property for purposes of ad valorem taxation under Section
20, Article VIII, Texas Constitution; or
(2) if the property owners’ association:
(A)
(B)
provides maintenance, preservation, and architectural control of residential and
commercial property within a defined geographic area in a county with a
population of 2.8 million or more or in a county adjacent to a county with a
population of 2.8 million or more; and
is a corporation that:
(i)
(ii)
(iii)
is governed by a board of trustees who may employ a general manager
to execute the association’s bylaws and administer the business of the
corporation;
does not require membership in the corporation by the owners of the
property within the defined area; and
was incorporated before January 1, 2006. [Emphasis added.]
The only county in Texas currently having a population of 2.8 million or more is Harris County. The
counties adjoining Harris County are Waller, Fort Bend, Brazoria, Galveston, Chambers, Liberty,
and Montgomery. Thus, property owners’ associations located in those counties and otherwise
within the parameters of section 552.0036 are considered to be governmental bodies for purposes
of the Act.
D. A Governmental Body Holding Records for Another Governmental Body
One governmental body may hold information on behalf of another governmental body. For
example, state agencies may transfer noncurrent records to the Records Management Division of the
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Texas State Library and Archives Commission for storage. State agency records held by the library
under the state records management program should be requested from the originating state agency,
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not the state library. The governmental body by or for which information is “collected, assembled,
or maintained” pursuant to section 552.002(a) retains ultimate responsibility for disclosing or
withholding information in response to a request under the Public Information Act, even though
another governmental body has physical custody of it. 41
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40
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Open Records Decision No. 617 (1993); see Open Records Decision No. 674 (2001).
Open Records Decision No. 674 (2001); see also Open Records Decision No. 576 (1990) (concluding that
Alcoholic Beverage Commission remains responsible for responding to open records requests for records of
commission held by comptroller pursuant to interagency contract).
Open Records Decision No. 576 (1990).
2012 Public Information Handbook • Office of the Attorney General
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