Public Information Request – Instructions and FAQs

The Texas Public Information Act (PIA) gives the public the right to request access to government information. Public information is information created, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity. Thus, virtually all information held by a government body is considered to be public information under the Act.

The County Attorney's Office believes very strongly in open government and our office assists other county offices and departments in responding to requests for information. We would like to provide you with some basic information on where and how to make a public information act request. If you have any questions about how to submit a request, please contact office at (361) 888-0391.

Where to make your Request

Under Texas law, the chief administrative officer or elected officer of a governmental body is the officer for public information created or received by their office. In a county, each department head is an agent of the officer for public information for the purposes of the Public Information Act. In Nueces County, you must make your request directly to the public information officer of the department or office that is the legal custodian of the records you are seeking. For example, the Chief administrative officer for Nueces County is the County Judge, but a request for information held by a particular department may be submitted to the department head.

If you are not sure where to send your request, please contact the office that holds the records you are seeking. Public Information Act requests can be received by email, mail, or fax. Requests may also be dropped off in person.

For example, to request information from the Nueces County Attorney’s Office ONLY, please submit your request by mail, fax, email, or in person to:

Nueces County Attorney's Office
Nueces County Courthouse
901 Leopard Street, Room 207
Corpus Christi, Texas 78401-3989
Fax: (361) 888-0577
Email: County.Attorney@nuecescountytx.gov

If you need special accommodation pursuant to the Americans With Disabilities Act (ADA), please contact the Office Of Commissioner Court Administration at (361) 888-0878.

Procedures to Obtain Information

A public information request must be in writing to the governmental body you believe maintains the information. However, your written request needs to be for information already in existence. A governmental body is not required to answer questions, perform legal research, or create new information in response to your public information request. Please include enough description and detail about the information requested to allow us to accurately identify and locate the information requested. We may follow up with you to clarify the information you are seeking. Be sure to include your name and a good email and mailing address so we can send you a response. You may also provide your phone number for us to follow up with you, in case we need to clarify your request.

What Can You Expect After A Request is Made

The governmental body must “promptly” produce the public information in response to your request. “Promptly” means that a governmental body may take a reasonable amount of time to produce the information, which varies for each request. If the information cannot be produced within 10 business days, you will be notified in writing of the date and time the records will be available.

If a governmental body wishes to withhold information from you, it must:

1. Request an Attorney General Letter Decision within 10 business days of receipt of your request and state the exceptions to disclosure. We must also send you a copy of this letter as well and must notify any third parties if the request involves their proprietary information. If we do not notify you and the attorney general within 10 business days, the information you requested is presumed to be public.
2. Within 15 business days, the governmental body must send the attorney general its arguments for withholding the information you requested and copies of the information at stake. You are entitled to receive a copy of these arguments, however, if the arguments contain or disclose the substance of the information requested, you may receive a redacted copy.
3. The Attorney General must issue a decision within 45 business days after receiving the request for a ruling. However, the attorney general frequently issues its rulings within 20 business days. This ruling will order the governmental body to release or withhold all or part of the requested information.

Any interested party may submit comments concerning a pending ruling request to the Office of the Attorney General. You may submit comments by mail or through the Attorney General’s e-filing system.

Charges

Copy and/or labor charges may apply to your request. The applicable charges for copies of public information are established by statute. If charges are assessed, you will be notified of that cost, which must be paid prior to receipt of the information.

A governmental body must send you an estimate of charges in advance. You must respond to any written estimate of charges within 10 days of the date received or the request is considered automatically withdrawn. You may contact us to modify your request.

Complaints

If you believe a governmental body has not properly responded to your Public Information Act request, you may contact the County Attorney’s Office at (361) 888-0391 or the Attorney General’s Open Records Hotline at (512) 478-6736 or toll free at (877) 673-6839.

For complaints regarding overcharges, please contact the Office of the Attorney General’s Cost Rules Administrator at (512) 475-2497.

The Texas Attorney General’s Office

The Texas Attorney General’s Office is responsible for the integrity of the public information process under the Public Information Act and is authorized to interpret the Act’s requirements. If a governmental body wishes to withhold certain information from the public, it must request a ruling from the Attorney General’s Office within 10 business days of receiving the request. You will receive a copy of this request letter as notice of the governmental body’s request to the attorney general.

Further information about the Public Information Act can be found on the Office of the Attorney General website.