Right to Request Public Information

"In 1888, James Bryce wrote that sunlight kills the germs of corruption that can infect a government, and his words remain true today... The Texas Public Information Act assures that government entities give citizens access to information about the business government officials are conducting on their behalf—information that enables the people of Texas to observe how their government works and to hold their public officials accountable... government does not belong to elected officials, but to the people. " Public Information Act Handbook

The Act

"The Texas Public Information Act (the “Public Information Act” or the “Act”) gives the public the right to request access to government information. The preamble of the Public Information Act is codified at section 552.001 of the Government Code. It declares the basis for the policy of open government expressed in the Public Information Act. It finds that basis in “the American constitutional form of representative government” and “the principle that government is the servant and not the master of the people.” It further explains this principle in terms of the need for an informed citizenry: The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The purpose of the Public Information Act is to maintain the people’s control “over the instruments they have created.” The Public Information Act requires the attorney general to construe the Act liberally in favor of open government."

Making a Request

"The Act is triggered when a person submits a written request to a governmental body. The request must ask for records or information already in existence. The Act does not require a governmental body to create new information, to do legal research, or to answer questions." Each governmental body has slightly different procedures to make records requests, but each process must adhere to the requirements set forward in the Public Information Act. Check the website of the government entity you are asking for records to follow their process.

Charges to the Requestor

"A person may ask to view the information, get copies of the information, or both. If a request is for copies of information, the governmental body may charge for the copies. If a request is only for an opportunity to inspect information, then usually the governmental body may not impose a charge on the requestor...All charges imposed by a governmental body for copies or for access to information must comply with the rules prescribed by the Office of the Attorney General (“OAG”)..."

Exceptions to the Act

"Although the Act makes most government information available to the public, some exceptions exist. If the...governmental body wishes to withhold the information, the governmental body must, within ten business days of receiving the open records request, refer the matter to the OAG for a ruling on whether an exception applies. If the OAG rules that an exception applies, the governmental body will not release the information. If a governmental body improperly fails to release information, the Act authorizes the requestor or the OAG to file a civil lawsuit to compel the governmental body to release the information. "

Questions or Complaints

"To reach the OAG’s Open Government Hotline, call toll-free (877) 673-6839 (877-OPEN TEX). Hotline staff can answer questions about the proper procedures for using and complying with the Act and can assist both governmental bodies and people requesting information from a governmental body. Hotline staff also review written complaints about alleged violations of the Act. If a complaint relates to charges, contact the OAG’s Cost Hotline toll-free at (888) 672-6787 (888-ORCOSTS) or forward a written complaint. Certain violations of the Act may involve possible criminal penalties. Those violations must be reported to the appropriate county attorney or criminal district attorney. "

Rights of Requestors

"All people who request public information have the right to: • Receive treatment equal to all other requestors • Receive a statement of estimated charges in advance • Choose whether to inspect the requested information, receive a copy of the information, or both • Be notified when the governmental body asks the OAG for a ruling on whether the information may or must be withheld • Be copied on the governmental body’s written comments to the OAG stating the reason why the stated exceptions apply • Lodge a complaint with the OAG regarding any improper charges for responding to a public information request • Lodge a complaint with the OAG or the county attorney or criminal district attorney, as appropriate, regarding any alleged violation of the Act "

All italicized and quoted material above can be found in the Public Information Act Handbook 2024

Public Information Requests (aka Open Records Requests) @ WTC MUD 1

Texas Government Code, Chapter 552, gives you the right to access government records. All government information is presumed to be available to the public and requested records shall be promptly released unless the information is considered confidential by law, either constitutional, statutory, or by judicial decision.

To submit an open records request for records held by WTC MUD No. 1, please provide in writing (typed or handwritten) the following information:

Your name and contact information (address, phone number, and/or email address) so we can contact you about your request.
Enough description and detail about your request to enable us to accurately identify and locate the information.

You may submit your request in any of the following ways:

By email: Cole Konopka ckonopka@coatsrose.com & Tammi Nelson tnelson@coatsrose.com
Hand delivery to the District office, 1000 Old Mill Road. When no staff are in the office, the request may be placed in the drop box on the front of the building.
By US Mail:
Williamson-Travis Counties MUD No. 1

1000 Old Mill Rd
Cedar Park, TX 78613
https://wtcmud1.org/open-records-requests/

Tips for Submitting Successful Records Requests

Getting public information can be tricky - especially if you want documents a government entity would rather not come to light. Here are some ways to make the process as smooth as possible.

Know Your Rights

Make sure to reference the Public Information Act Handbook 2024 to find detailed information on how Public Information Requests are required to be handled by law. If you have questions about requesting open records you can reach out to the Office of the Attorney General (512) 478-6736, Freedom of Information Foundation (800) 580-6651, or email muducation@gmail.com and we will do our best to answer questions or send you to a source document that can.

Send Your Request to the Right Address

Make sure to send your request to the address that the particular entity you need records from has stipulated. Usually sending a request by email, and requesting to receive the records electronically is the easiest way to access records. If a charge is being incurred for electronic records you can also ask to "inspect" the records in office which is usually without charge.

Make Your Request in the Right Format

Make sure to include that you are doing a Public Information Act request in the subject line of your email, list specific dates that you wish to receive information from, and ask only for material that is created - not ask a question or ask for a report to be generated just for your request. You may be asked to clarify your request, but asking you why you are requesting the material is strictly prohibited. If you fail to clarify your request it may be closed. You do have to respond, but you do not have to limit or truncate your request.

Keep Track of the Timeline

Public Information Act Requests are to be filled as quickly as possible according to Texas State Law, but must be responded to by the 10th business day. That response may either be a return of information, a request for clarification, a statement that the information could not be gathered in time (with a reason why, and when you can expect fulfillment), a response that they were not able to find any "responsive information", or a letter telling you that they want to withhold information and are requesting a decision from the OAG if they can legally do so. You should keep track of that timeline and make a report to the OAG if it is not fulfilled properly.

Get a Little Help from your Friends

Some governments, in a effort to thwart transparency, put limits on the amount of hours a requestor can consume with requests - and sometimes over-report the amount of time it actually takes for fulfillment. In these cases, the simple solution is to ask a friend or family member to use their allotted "time" to make the request for themselves - and then share the information they receive to you since it is public information. Information sharing is always ideal because it can reduce costs for production to the government entity. (This is why very transparent entities usually have low Public Record production costs - because the information is freely available on a shared platform and doesn't require request to access.) Anyone can request open records from any public entity - you are not required to reside in a certain area to request records from that particular area.

Send a Reminder and/or Make a Formal Complaint

If you do not get a response in 10 days for your request it is good practice to send an email to remind the entity that the time limit has been reached. (It is good practice to keep all communication in one thread so you can send it forward as evidence to the AG if you need to make a formal complaint.) If the entity does not respond, withholds information without requesting an AG opinion, or charges what appears to be an unreasonable amount than you can make a formal complaint to the Office of the Attorney General. A cost complaint can be made online at

https://oag.my.site.com/OpenRecords/s/flow/CORA_External_Create_Complaint. A complaint about other issues not related to cost can be reported by calling the Open Government Hotline at (512) 478-6736, or going to the cost complaint website mentioned above and choosing "General Request for Assistance" from the drop down menu. This is called an "informal complaint" that the AG will try to iron out by communicating with the entity. If they can't, then they will give you a complaint number to follow up with. If you call to make a complaint make sure to leave a very detailed message with your return number, the entity the complaint is regarding and specific details about the complaint. It sometimes takes a couple days to hear back. Make sure to pick up the phone for the call back - if you do not it may take a couple more days again to reconnect.