Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Abortion facility, Department of Health may not release information about doctors or nurses to licensing board for disciplinary purposes and may not inform person as to whether an office, clinic or facility is or is not licensed asDM-0153
Access and copy records maintained by county clerks, under Texas law the public has a right toGA-0915
Access to optometrist's patient records, optician who works closely with the optometrist has no right toLO98-113
Alcoholic beverage reports, information from, that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are soldGA-0964
Autopsy report in custody of justice of the peace is available for inspection under section 27.004 of the Government CodeJC-0542
Birth and death records, statute and state regulations governing access require local registrar to provide copies rather than originals and to charge a feeDM-0146
Board of Vocational Nurse Examiners may not expunge records of written complaint, except with permission of State LibrarianLO90-102
Body worn camera--authorization or requirement of municipal law enforcement agency to release audio or video recordings ofKP-186
Bogus documents, whether State Library and Archives Commission may promulgate rules authorizing district and county clerks to destroyLO97-014
Campaign contribution and expenditure reports filed electronically with the Ethics Commission, public access toJC-0435
Code of Criminal Procedure article 18.01(b), a search warrant affidavit becomes public information when sworn to and filed with the court pursuant toKP-145
Computer information, county board appointed by commissioners court to manage county computer system may not authorize private users to access computer records of elected county officialsJM-1224
Computer information, county board appointed by commissioners court to manage county computer system may not deprive elected county officers of their statutory authority to control and manage information created by their offices, including information stoJM-1224
Confidential by law, district attorney may not release information specifically madeLO90-103
Confidential information, Department of Criminal Justice may not release to private nonprofit corporation that is not a state agencyLO95-014
Copying of real property plats, clerk who wishes to regulate should promulgate rules, but validity of any particular rule is a question of factGA-0400
Costs for furnishing information to its licensees under Federal Randolph-Sheppard Act, Texas Commission for the Blind may not impose forGA-0180
Counseling records may be withheld from parent of minor student only under limited circumstancesJC-0538
County clerk records, fee for issuing noncertified copies, authority to charge fee when person makes own copyLO96-082
County records management and preservation fund, expenditure for records management and preservation services performed by county clerkDM-0492
County-of-residence information, public employees' not required to be included in state expenditure databaseGA-0572
Courthouse office, commissioners court may provide to a title company to examine, inspect, and copy public records, but may not charge for use of the spaceLO98-091
Criminal history information subject to nondisclosure order under Government Code section 411.081(d) may be released to statutorily authorized entitiesGA-0255
Data sets containing individually identifiable health information, the Texas Health Care Information Council is not authorized to provide the Texas Department of Health withGA-0083
Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidentialGA-0572
Death certificate that lists AIDS or HIV as cause of death, authority of Department of Health to releaseDM-0061
Deletion of records, application to director and librarian of State Archives and Records may provide mechanism for consistent with state law in connection with voluntary Equal Employment Opportunity Commission settlementDM-0040
Disclosure of taxpayer information, authority of Comptroller to release information regarding taxpayer's tax liability to supplement information available in state tax lien notice filed with a county clerkGA-0028
Electronic access to candidates' and officeholders' political contribution and expenditure reports, Ethics Commission may not include contributor address information with other report information made available on the Internet or by other electronic meansJC-0198
Exceptions to disclosure by law enforcement agency concerning body-worn-camera recordingsKP-186
Federal Brady Handgun Violence Prevention Act does not require or authorize Department of Mental Health and Mental Retardation to disclose otherwise confidential records to law enforcement officers performing background checksDM-0353
Fees for copies of motor vehicle accident reports,GA-0052
Fraudulent court document or fraudulent lien document filed in office of county clerk or presented for filing, clerk's duty to give written notice required by statuteLO98-016
Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in rabies vaccination certificate and made confidential under chapter 826 of the Health and Safety CodeGA-0367
Health Care Information Council, authority to use data other than public use data to prepare reportsJC-0511
Informing general public of agencies' activities and legal responsibilities, state agency's authority to spend appropriated funds for purpose ofJC-0350
Injury for which employee absent for less than a day, information collected by Workers' Compensation Commission about may not be destroyed even though Commission not required to collect, Commission need not release to prospective employer in record or preDM-0181
Kempner Water Supply Corporation not subject to Local Government Records ActGA-0111
Law enforcement records information relating to certain juveniles, destruction ofDM-0435
Local governing body may establish procedures for temporary removal of public records from custodian's possession to offices of private firm for audit or other servicesJM-1250
Local Government Records Act, model lesson plans maintained by regional education service centers are local government records subject to the ActGA-1038
Member of state board has inherent right of access to agency records and majority of board may not restrict member's access to such recordsLO93-069
Mental health records of patients of a psychologist placed in the custody of the State Board of Examiners of Psychologists by a court order are likely not state records under Government Code chapter 441GA-1088
Mixed beverage permits, application forms for may be distributed among certain public officials without thereby making them public under Open Records ActJM-1235
Nondisclosure order for criminal history information relating to deferred adjudication may not be waived by person whose information is protected by the orderGA-0255
Original archival records, county clerk may not purchase with funds from records management and preservation fee GA-0521
Patient records, effect of rule of State Board of Examiners of Psychologists excluding testing materials from statute governing confidentiality and access toLO97-073
Provisional autopsy report prepared in connection with inquest by justice of the peace is open to public inspectionJC-0422
Public's right to access and copy records maintained by county clerk, Texas courts have held that this right is subject to a county clerk’s reasonable rules and regulationsGA-0915
Record retention schedule, a state agency must retain information submitted in response to a request for offer that was subsequently cancelled consistently withGA-0266
Records management and preservation revenue, commissioners court has discretion to determine how to expend but must be spent on records management projects (Modified by Tex. Att'y Gen. Op. No. DM-492 (1998))LO92-081
Registered sex offenders, local government may broadcast certain information about on local cable television stationGA-0056
Repeal of confidentiality provision applies to information submitted to governmental body before repeal's effective date unless otherwise providedGA-0149
Rules designed to protect safety of public records and prevent disruption of working conditions in office, authority of state agency to promulgateLO90-109
Seal or redact information that is the subject of a nondisclosure order, under certain circumstances section 411.081 of the Government Code would not require the Texas Board of Nursing toGA-0919
Social security number, the Public Information Act provides for the confidentiality of social security numbers of living persons, exempts such SSNs from disclosure requirements under the Act, and authorizes a clerk to redact such numbers from public information to be disclosed under the Act without seeking an attorney general decision. GA-0519
Social Security numbers, board of county court at law judges has no authority to order the county clerk to redact social security numbers from electronic copies of case-related documents available on the clerk's websiteGA-0203
State Board of Examiners of Psychologists has discretion to determine how to destroy records that are not state records under Government Code chapter 441 in a manner that fully protects the identity and privacy of the patients who are the subject of the recordsGA-1088
State expenditure database, as private information a public employee's net salary information may not be included inGA-0572
State Library and Archives Commission Local Schedule SD, retention of lesson plans maintained by regional education service centers must be maintained pursuant toGA-1038
Statutes providing for access to and copying of records, county clerk’s rules regarding the public’s access to and copying of records would be valid if the rules did not go beyond theGA-0915
Tax appraisals, property owner's right of access to information prepared by private appraisal firm and used by appraisal district to establish taxable value of owner's propertyJC-0424
Teacher appraisals, whether Board for Educator Certification may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachersGA-0055
Texas Health Care Information Council required to notify a hospital if it receives any request for public use data that is specific to the hospital and must allow a hospital to submit written comments regarding any public use data or analysis of public usJC-0545
We cannot determine whether the Atascosa County Clerk must allow the use of a sheet-feed scanner or whether its rules regarding the public’s access to and copying of records is reasonable because there is no controlling legal authority directly addressing the issues that those questions raiseGA-0915
Whether a civilian advisory committee may review information maintained in a police department personnel file under Texas Local Government Code section 143.089(g) will depend on specific factsGA-0818
Public Information Act - Generally
Abortion Reporting and Licensing Act, all information held by Department of Health under Act is exempt from public disclosure requirementsJM-1144
Administrative litigation information, determination as to whether information should be withheld from inspection is made by agency attorney subject to review by attorney generalLO94-069
Audio tape recordings of commissioners court meetings made by county clerk to aid in preparation of minutes are subject to Open Records Act even if they are personal property of clerkJM-1143
Authority of a county judge to unilaterally grant access to county financial records to a volunteer financial consultantGA-0839
Birth and death records, statute and state regulations governing access to certain older documents prevail over Open Records Act and require local registrar to provide copies rather than originals and to charge a feeDM-0146
Border Health Institute must comply with the ActGA-0280
Charges for access to information comprised of legal size pages or smaller and not containing confidential information, Act does not permit regardless of degree of difficulty of retrievalLO96-002
Charitable Campaign Policy Committee, related local committees, and advisory committee are subject to the ActLO94-064
Confidential information, governmental body may treat request for access to records containing as request for copiesLO96-002
Copying information on requestor's own copier not permitted if some of requested information is confidentialLO96-002
County clerk must collect $1 fee specified by Local Government Code to issue each page or part of a page of noncertified copies rather than costs as specified by Open Records ActJC-0292
County treasurer must provide access to original unpaid checks and not merely to computer printout of information from checksLO94-010
Creation of new information, Act does not require of governmental bodyLO90-035
Customer information of Franklin County Water District is confidentialDM-0307
Eminent domain, applicability of the Act to non-governmental entities with power of eminent domain GA-0517
Equal Employment Opportunity Commission's request for information relevant to a pending investigation, state statute deeming requested information confidential is preempted by federal statute authorizingJC-0280
Examination booklets, whether State Board of Public Accountancy may withhold after examLO90-059
Exception to section 552.275 of Government Code, "radio station" exception applies to a person who holds an amateur radio station license issued by the Federal Communications CommissionGA-0669
Executive session, release to county clerk of tape of, would not make tape publicGA-0277
Expunction statute provisions on removal or destruction of expunged arrest record prevail over prohibition in Act against destroying or removing recordsLO93-088
Extent to which entity is subject to the Public Information Act is inquiry properly addressed to Open Records Division under the Public Information ActGA-0666
Fact question, whether private entity is governmental body under the Act is aGA-0603
Fee for release of information under chapter 552 of the Government Code does not apply to Health Care Information Council's public-use or provider-quality dataJC-0469
Fee for uncertified copy of judicial recordDM-0166
Fee provision specific to county clerk records prevails over Act's more general fee provisionLO96-082
Fees for copies of records in treasurer's office governed by specific statute, not by Open Records ActLO94-010
Fees for copying health care information, whether hospital districts may assess statutory fees in excess of charges established by General Services Commission under the ActLO96-001
Fees for public records, vessel and outboard motor ownership records are not "customer information" for which the Texas Parks and Wildlife Department may charge fees outside the Public Information Act pursuant to Parks and Wildlife Code section 11.030GA-0184
Formatting codes not "information" independently subject to Open Records ActDM-0041
Funeral Service Commission, files of complaints against licensees are generally public records except for information obtained through Commission's investigation of complaintLO94-024
Government Code subsection 552.1175(b) neither requires nor prohibits a governmental body from photocopying the evidence that verifies a person's employment status as a current or former law enforcement individual under Government Code subsection 552.1175(a).GA-1086
Government Code subsection 571.140(a) - a sworn complaint filed with the Texas Ethics Commission, despite being subject of litigation, remains confidential if it has not been entered into a formal hearing or judicial proceeding.KP-152
Governmental body under the Act, a private entity supported in whole or in part by public funds or spends public funds is aGA-0603
Grand jury subpoena, release of public records pursuant to does not constitute voluntary disclosure for Open Records Act purposesLO90-036
Gubernatorial records held in alternative depository remain Texas public records subject to ActJC-0498
Information considered to be confidential by statutory law, information in possession of Interagency Council on Pharmaceuticals Bulk Purchasing is excepted from disclosure under Public Information Act asGA-0019
Injury for which employee absent for less than a day, information collected by Workers' Compensation Commission is not confidential under the Act unless it is in or derived from a claim file, whether excepted under common-law privacy must be determined onDM-0181
Investigations of abuse or neglect at drug treatment center, Commission on Alcohol and Drug Abuse reports of are statutorily excepted from required public disclosureJM-1178
Justice of the Peace, Act does not apply to records maintained byJC-0422
Local government corporations, whether subject to the ActJC-0335
Logan Slough Creek Improvement District is subject to the Public Information ActGA-0756
Lottery prize winners, addresses and telephone numbers confidential and exempt from Open Records ActLO92-033
Medium in which information provided under Open Records Act, requestor may not dictateDM-0041
No source of law prohibits a governmental body that chooses to photocopy the evidence of an individual's law enforcement status submitted pursuant to Government Code section 552.1175 from retaining the copiesGA-1086
Personal information of judges, disclosure of in campaign reports and financial statementsKP-151
Police officer's or fire fighter's confidential file may be released to city manager and city attorney with consent of chief executive and governing body of municipalityJC-0283
Private entity that is a governmental body under section 552.003 of Government Code is subject to ActGA-0603
Private nonprofit corporation, application of Act given that public officials sit on boardLO97-017
Real estate and deed records, county clerk may provide microfilm copies of, but is not required to do soDM-0030
Recall petition filed with custodian of records for political subdivision is public record subject to disclosure under Open Records Act in accordance with any reasonable procedural rules adopted by political subdivisionLO90-002
Request for offer that was subsequently cancelled, information submitted in response to is subject to the Public Information ActGA-0266
Sale of deposition transcripts by court reporting firm, Act's applicability toLO93-087
Sanctions against third party for filing with the Office of the Attorney General groundless and frivolous claims of confidentiality to impede public disclosure of information; Act does not provide forJC-0560
State Hospital Records maintained for hospital by records service firm public information subject to ActLO90-015
Subpoena duces tecum, whether the Act applies to release of confidential information pursuant toLO95-025
Telecommunications market competition report, whether the Act prevents commission from providing to legislature and publicLO95-043
Texas Water Advisory Council is subject to Public Information ActGA-0065
Under Government Code subsection 571.140(a), a sworn complaint filed with the Texas Ethics Commission but which has been dismissed remains confidentialKP-152
Utility records of government-operated utility, governmental body generally may not disclose customer's personal information from to person or entity that welcomes newcomersLO93-108
Vehicle identification numbers not excepted from disclosure by Government Code section 552.130GA-0673
Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Act makes such information in the judgment confidential and not subject to disclosureGA-0220
Videotape is public recordLO90-036
Whether a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is a "governmental body" subject to the Public Information Act requires the resolution of certain fact issues and is thus beyond the purview of an attorney general opinion.KP-029
Public Information Act - Law Enforcement Records
Government Code subsection 552.1175(b) neither requires nor prohibits a governmental body from photocopying the evidence that verifies a person's employment status as a current or former law enforcement individual under Government Code subsection 552.1175(a).GA-1086
Juvenile offenses committed prior to 1973, whether Department of Public Safety may maintain and whether it must seal or destroy records relating toLO93-076
Location of "crack house" or address of drug dealer, Act does not prohibit disclosure by police departmentLO96-150
No source of law prohibits a governmental body that chooses to photocopy the evidence of an individual's law enforcement status submitted pursuant to Government Code section 552.1175 from retaining the copiesGA-1086
Written reprimand, civil-service director may not retain written reprimand in employee's personnel file that is open to the public unless the misconduct at issue in the reprimand results in disciplinary actionJC-0257