Ken Paxton

Tips for requestors who have received a 552.108(a)(1) Previous Determination in response to a request

  • If you receive a response made pursuant to a 552.108(a)(1) Previous Determination (“108 PD”) and are satisfied with the information you are provided, you do not need to take any further action.
  • If the governmental body relies on a 108 PD, it must provide you with:
    • At least basic information within five business days from the receipt of your request for information;
    • The required notice form that explains the types of records the governmental body withheld from you (e.g., incident report, witness interviews, video recordings, audio recordings, photographs, etc.).
  • If you disagree that the 108 PD was applicable to your request, you may request the same information again from the same GB and the GB may not rely upon the 108 PD and must request a ruling from this office if it still seeks to withhold the information at issue.
  • If you have questions about the use of the 108 PD, you may call the Open Government Hotline toll free at (877) 673-6839 (877-OPENTEX).