The Texas Public Information Act (the "TPIA" or "Act"), Chapter 552, Texas Government Code, gives you the right to request access to government information. The Act is triggered when a person submits a written request to a governmental body. The request must ask for documents or other information that is already in existence. The Act does not require a governmental body to answer questions, perform legal research, compile data, create new information, or comply with a continuing request to supply information on a periodic basis as such information is prepared in the future.
Making a Request
The TPIA is triggered when a person submits a written request to the East Montgomery County Improvement District.
- You may ask to inspect information, get copies of information, or both.
- Make your request as clear and specific as possible so that EMCID can accurately identify and locate the items that you are requesting. If your request is unclear or very broad, EMCID may ask you to more clearly identify or narrow your request.
Charges for Information
- If your request is for copies of information, then EMCID may charge for the copies.
- If your request to produce information will result in a charge of over $40.00, EMCID will provide you with a written itemized statement that details all estimated charges that will be imposed. You must respond to this written estimate of charges within 10 business days or your request will be considered withdrawn.
- If your request to produce the information will result in a charge of over $100.00, EMCID may require a deposit before any work will begin.
All charges imposed for copies of, or access to, information comply with the Texas Building and Procurement Commission Rules.
Exceptions to the Act
EMCID believes in open government and strives to fulfill all open records requests. Although most government information is available to you, some exceptions exist. If an exception might apply and EMCID wishes to withhold the information, then EMCID generally must, within ten business days of receiving the open records request, refer the matter to the Office of the Attorney General for a ruling on whether an exception applies. If the Office of the Attorney General rules that an exception applies, EMCID will not release the information.
Rights of Requestors
You have the right to:
- Receive equal treatment with all other requestors.
- Receive requested information "promptly." "Promptly" means that a governmental body may take a reasonable amount of time to produce the information, which varies depending on the facts in each case. The amount of information you have requested is highly relevant to what makes for a reasonable response time.
- If EMCID cannot produce the requested information within ten business days, you will receive correspondence setting a date and time when the information will be available to you.
- Receive a statement of estimated charges when charges exceed $40.00 in advance of work being started.
- Choose whether to inspect the requested information, receive copies of the requested information, or both.
- Be notified when EMCID asks the Office of the Attorney General for a ruling on whether the information may or must be withheld from disclosure.
- Lodge a complaint about charges for public records with the Texas Building and Procurement Commission.
- Lodge a complaint with the Office of the Attorney General Hotline or the county attorney or criminal district attorney regarding any alleged violation of the Act.
Public Information Handbook
The Public Information Handbook is available online at the Office of the Attorney General's website.