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Texas Government Code - GOV'T § 552.328. Failure to Respond to Requestor

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) If a governmental body fails to respond to a requestor as required by Section 552.221, the requestor may send a written complaint to the attorney general.

(b) The complaint must include:

(1) the original request for information;  and

(2) any correspondence received from the governmental body in response to the request.

(c) If the attorney general determines the governmental body improperly failed to comply with Section 552.221 in connection with a request for which a complaint is made under this section:

(1) the attorney general shall notify the governmental body in writing and require the governmental body's public information officer or the officer's designee to complete open records training not later than six months after receiving the notification;

(2) the governmental body may not assess costs to the requestor for producing information in response to the request;  and

(3) if the governmental body seeks to withhold information in response to the request, the governmental body must:

(A) request an attorney general decision under Section 552.301 not later than the fifth business day after the date the governmental body receives the notification under Subdivision (1);  and

(B) release the requested information unless there is a compelling reason to withhold the information.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 552.328. Failure to Respond to Requestor - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-552-328/

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