Table of Contents

Section I: Public Information Generally ..................................... 3

Definitions ................................................................................. 3

Availability of Public Information ................................................ 4

Information That Must Be Disclosed Unless Confidential Under

Law ........................................................................................... 4

Section II: Information that is Confidential................................ 7

Certified Agenda or Recording of a Closed Meeting .................. 7

Personal Information ................................................................. 7

Student Records ...................................................................... 10

Protected Health Information ................................................... 10

Credit Card, Debit Card, Charge Card, and Access Device

Numbers ................................................................................... 11

Confidential Investment Information ......................................... 11

Email Addresses ...................................................................... 12

Participant in the Address Confidentiality Program .................. 13

Crime Victim Information ......................................................... 13

Person Licensed or an Applicant for a License Under

Occupations Code Chapter 1701 ............................................. 15

Library Records ....................................................................... 15

Certain Products, Devices, and Processes .............................. 16

Research ................................................................................. 16

Research and Development Facility ........................................ 16

Compliance Investigations ....................................................... 16

Computer Network Security ..................................................... 17

Biennial Information Security Plan ........................................... 18

Information SecurityData Governance Assessment ................. 18

Security System Specifications, Operations, and Locations ..... 18

Fraud Detection and Deterrence Measures ............................. 19

Emergency Alert System ......................................................... 19

Sensitive Crime Scene Image ................................................. 19

Military Discharge Records ...................................................... 19

Military Personnel Information ................................................. 19

Retirement System Information ............................................... 20

Election Judge or Clerk Information ......................................... 20

Electronic Campaign Report Data ........................................... 20

Section III: Information Excepted from Public Disclosure ..... 20

Confidential Information ........................................................... 20

Personnel File ......................................................................... 21

Substantial Threat of Physical Harm ........................................ 21

Litigation .................................................................................. 21

Competition or Bidding ............................................................ 21

Location or Price of Property ................................................... 22

Drafts and Working Papers ...................................................... 22

Legal Matters ........................................................................... 22

Law Enforcement Information .................................................. 22

Private Correspondence and Communications ........................ 23

Contracting Information ........................................................... 23

Agency Memoranda ................................................................ 25

Audit Working Paper ................................................................ 25

Contact Information ................................................................. 25

Photographs of Peace Officers ................................................ 26

Test Items ................................................................................ 26

Rare Books and Original Manuscripts ..................................... 26

Documents Held for Historical Research ................................. 26

Chief Executive Officer Applicants ........................................... 27

Motor Vehicle Record Information ............................................ 27

Commercial Book or Publication .............................................. 28

Social Security Numbers ......................................................... 28

Donor Information .................................................................... 28

Safety and Security Audit......................................................... 28

Cybersecurity Information ........................................................ 29

Section I: Public

Information

Generally

It is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.

Access to public information is addressed by the Public Information Act (PIA), Government Code Chapter 552. The PIA shall be liberally construed in favor of granting a request for information.

Gov’t Code 552.001

Definitions

Public

Information

“Public information” means information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

1. By a governmental body, including a college district board of trustees;

2. For a governmental body and the governmental body:

a. Owns the information;

b. Has a right of access to the information; or

c. Spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or

3. By an individual officer or employee of a governmental body in the officer’s or employee’s official capacity and the information pertains to official business of the governmental body.

The definition of “public information” applies to and includes any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the

transaction of official business.

Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer’s or employee’s official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to official business of the governmental body.

Gov’t Code 552.002(a)-(a-2)

Official Business

“Official business” means any matter over which a governmental body has any authority, administrative duties, or advisory duties. Gov’t Code 552.003(2-a)

Availability of Public

Information

Public information is available to the public at a minimum during the normal business hours of the governmental body. Gov’t Code 552.021

Information That

Must Be Disclosed

Unless Confidential

Under Law

Without limiting the amount or kind of information that is public information under the PIA, the following categories of information are public information and not excepted from required disclosure unless made confidential under the PIA or other law:

1. A completed report, audit, evaluation, or investigation made of, for, or by the governmental body, except by provided in Government Code 552.108.

2. The name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of a governmental body.

3. Information in an account, voucher, or contract relating to the receipt or expenditure of public or other funds by a governmental body.

4. The name of each official and the final record of voting on all proceedings of the board.

5. All working papers, research material, and information used to estimate the need or expenditure of public funds or taxes by a governmental body, on completion of the estimate.

6. The name, place of business, and the name of the municipality to which local sales and use taxes are credited, if any, for the named person, of a person reporting or paying sales and use taxes under Tax Code Chapter 151.

7. A description of an agency’s central and field organizations, including the established places at which the public may obtain information, submit information or requests, and obtain decisions; the employees from whom the public may obtain information, submit information or requests, or obtain decisions; and the methods by which the public may obtain information, submit information or requests, or obtain decisions.

8. A statement of the general course and method by which an agency’s functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.

9. A rule of procedure, description of forms available or the places at which forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations.

10. A substantive rule of general applicability adopted or issued by an agency as authorized by law, and a statement of general policy or interpretation of general applicability formulated and adopted by an agency.

11. Each amendment, revision, or repeal of information described in items 7-10.

12. Final opinions, including concurring and dissenting opinions, and orders issued in the adjudication of cases.

13. A policy statement or interpretation that has been adopted or issued by an agency.

14. Administrative staff manuals and instructions to staff that affect a member of the public.

15. Information regarded as open to the public under an agency’s policies.

16. Information that is in a bill for attorney’s fees and that is not privileged under the attorney-client privilege.

17. Information that is also contained in a public court record.

18. A settlement agreement to which a governmental body is a party.

Gov’t Code 552.022

Contracts for

Lobbying

Services

Information related to contracts for lobbying services required to be displayed on a political subdivision’s internet website under Government Code 2254.030 is public information subject to disclosure under the PIA. Gov’t Code 2254.030(c)

Contracting

Information

Contracting information is public and must be released unless excepted from disclosure under the PIA.

“Contracting information” means the following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:

1. Information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;

2. Solicitation or bid documents relating to a contract with a governmental body;

3. Communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;

4. Documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vender, or potential contractor responding to a solicitation and, if applicable an explanation of why the vendor or contractor was selected; and

5. Communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

Gov’t Code 552.0222(a), .003(1-a) [See CM for construction contract evaluation document disclosures]

Investment

Information

The categories of information held by a governmental body relating to its investments, as specified by Government Code 552.0225(b), are public information and not excepted from disclosure under the PIA. Gov’t Code 552.0225(b)

Expenditures for

a Security

System

Financial information in the possession of a governmental entity that relates to the expenditure of funds by a governmental entity for a security system is public information that is not excepted from required disclosure under the PIA. Gov’t Code 418.182(b)

Security

Cameras in

Private Offices

Information in the possession of a governmental entity that relates to the location of a security camera in a private office at a state agency, including an institution of higher education, is public information and is not excepted from required disclosure under the PIA unless the security camera is located in an individual personal residence for which the state provides security or is in use for surveillance in an active criminal investigation. Gov’t Code 418.182(c)

Body-Worn

Cameras

Information recorded by a body-worn camera that is or could be used as evidence in a criminal prosecution is subject to disclosure under the PIA. Information recorded by a body-worn camera and held by a law enforcement agency under Occupations Code Chapter 1701, Subchapter N, is not subject to disclosure under the PIA. A recording is confidential and excepted from the requirements of Government Code Chapter 552 if the recording:

1. Was not required to be made under Occupations Code Chapter 1701, Subchapter N, or another law or under a policy adopted by the appropriate law enforcement agency; and

2. Does not relate to a law enforcement purpose.

A law enforcement agency may not release any portion of a recording made in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the person who is the subject of that portion of the recording or, if the person is deceased, from the person’s authorized representative.

Occupations Code 1701.661(c)-(d), (f), (h)

Permitted

Viewing

A permitted viewing of a recording under Occupations Code 1701.660(a-1) is not considered to be a release of public information for purposes of the PIA. Occupations Code 1701.660(a-1)

Communications

with Voting

Systems Vendors

A written letter, email, or other communication, including a communication made confidential by other law, between a public official and a voting systems vendor is not confidential, is public information for purposes of the PIA, and is not subject to an exception to disclosure provided by the PIA other than Government Code Sections 552.110 and 552.1101. Election Code 121.004(a)

Exception

A written letter, email, or other communication between a public official and a voting systems vendor is excepted from disclosure under Government Code Chapter 552 if the communication discloses information, data, or records relating to the security of elections critical infrastructure. Election Code 121.004(b)

Agreements to

Assess Course

Material Fees

and Charges

Any agreement between an institution of higher education and an entity under which the institution agrees to assess or allows the entity to assess a fee or charge for course materials to students enrolled at the institution is public information under Government Code Chapter 552. Education Code 51.4521(e)

Section II:

Information that is

Confidential

Certified Agenda or

Recording of a

Closed Meeting

The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Government Code 551.104(b)(3). Gov’t Code 551.104(c)

“Recording” means a tangible medium on which audio or a combination of audio and video is recorded, including a disc, tape, wire, film, electronic storage drive, or other medium now existing or later developed. Gov’t Code 551.001(7)

Personal

Information

Employees and

Officials

Each employee, with the exception of a current or honorably retired peace officer, security officer, or elected public officer to whom Government Code 552.1175 applies, or official of a governmental body and each former employee or official of a governmental body shall choose whether to allow public access to information in the custody of the governmental body that relates to the person’s home address, home telephone number, emergency contact information, or social security number, or that reveals whether the person has family members.

Each employee and official and each former employee and official shall state that person’s choice to the main personnel officer of the governmental body in a signed writing not later than the 14th day after the date on which the employee begins employment with the governmental body, the official is elected or appointed, or the former

employee or official ends service with the governmental body. If the employee or official or former employee or official chooses not to allow public access to the information the information is protected under Government Code Chapter 552, Subchapter C, and the governmental body may redact the information from any information the governmental body discloses under the PIA without the necessity of requesting a decision from the attorney general. If an employee or official or a former employee or official fails to state the person’s choice within the 14-day period, the information is subject to public access.

An employee or official or former employee or official of a governmental body who wishes to close or open public access to the information may request in writing that the main personnel officer of the governmental body close or open access.

A governmental body that redacts or withholds information under this section shall provide the following information to the requestor on a form prescribed by the attorney general:

1. A description of the redacted or withheld information;

2. A citation to Government Code 552.024; and

3. Instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

If a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter.

Gov’t Code 552.024; Att’y Gen. ORD-530 (1989)

Elected Public

Officers Peace Officers

and Certain Officials

Information that relates to the home address, home telephone number, emergency contact information, date of birth, or social security number of any elected public officer, current or honorably retired peace officer as defined by Code of Criminal Procedure Article 2A.001, commissioned security officer as defined by Occupations Code 1702.002, member of the governing board of an institution of higher education, president or other chief executive officer of an institution of higher education, current or former election officials, or other individual to whom Government Code 552.1175 applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under Government Code Chapter 552 if the individual to whom the information

relates:

1. Chooses to restrict public access to the information; and

2. Notifies the governmental body of the individual’s choice on a form provided by the governmental body, accompanied by evidence of the individual’s status.

The choice remains valid until rescinded in writing by the individual.

A governmental body that redacts or withholds information under

this section shall provide the following information to the requestor

on a form prescribed by the attorney general:

1. A description of the redacted or withheld information;

2. A citation to Government Code 552.024; and

3. Instructions regarding how the requestor may seek a decision

from the attorney general regarding whether the redacted or

withheld information is excepted from required disclosure.

If a governmental body redacts or withholds information without requesting

a decision from the attorney general about whether the information

may be redacted or withheld, the requestor is entitled to

seek a decision from the attorney general about the matter.

Gov’t Code 552.1175 [For officer information excepted under Government

Code 552.117, see Section III: Information Excepted from

Public Disclosure]

Disaster Fund

Recovery

Recipients

Information maintained by a governmental body is confidential and may not be disclosed to the public under the PIA if it relates to:

1. The name, social security number, house number, street name, and telephone number of an individual or household that applies for state or federal disaster recovery funds;

2. The name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for state or federal disaster recovery funds; and

3. Any other information the disclosure of which would identify or tend to identify a person or household that applies for state or federal disaster recovery funds.

The street name and census block group of and the amount of disaster recovery funds awarded to a person or household are not confidential after the date on which disaster recovery funds are awarded to the person or household.

Gov’t Code 552.160

Student Records

Information is confidential and excepted from the requirements of the PIA if it is a student record at an educational institution funded wholly or partly by state revenue. The record shall be made available on the request of the educational institution personnel, the student involved, or the student’s parent, guardian, or spouse or a person conducting a child abuse investigation required by Family Code Chapter 261, Subchapter D.

The PIA does not require the release of information contained in education records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g. This section does not prohibit the disclosure or provision of information included in an education record

if the disclosure or provision is authorized by FERPA or other federal law. [See FL]

Gov’t Code 552.114(b)-(c), .026

Redaction

An educational institution may redact information covered under Government Code 552.114(b) from information disclosed under the PIA without requesting a decision from the attorney general. Gov’t Code 552.114(d)

Exception

If an applicant for admission to an educational institution described by Section 552.114(b), above, or a parent or legal guardian of a minor applicant to an educational institution described by Section 552.114(b), above, requests information in the record of the applicant, the educational institution shall disclose any information that is related to the applicant’s application for admission and was provided to the educational institution by the applicant. Gov’t Code 552.114(e)

Student Record

Student record” means:

1. Information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g(a)(4)); or

2. Information in a record of an applicant for admission to an educational institution, including a transfer applicant.

Gov’t Code 552.114(a)

Protected Health

Information

Protected health information as defined by Health and Safety Code 181.006 is not public information and is not subject to disclosure under the PIA. Gov’t Code 552.002

Out-of-State

Health-Care

Information

Information obtained by a governmental body that was provided by an out-of-state health-care provider in connection with a quality management, peer review, or best practices program that the out-of- state healthcare provider pays for is confidential and excepted from the requirements of the PIA. Gov’t Code 552.162

Credit Card, Debit

Card, Charge Card,

and Access Device

Numbers

A credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body is confidential.

“Access device” means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another device may be used to:

1. Obtain money, goods, services, or another thing of value; or

2. Initiate a transfer of funds other than a transfer originated solely by paper instrument.

A governmental body may redact information that must be withheld as described above from any information the governmental body discloses without the necessity of requesting a decision from the attorney general.

A governmental body that redacts or withholds information under this section shall provide the following information to the requestor on a form prescribed by the attorney general:

1. A description of the redacted or withheld information;

2. A citation to Government Code 552.024; and

3. Instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

If a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter.

Gov’t Code 552.136

Confidential

Investment

Information

All information prepared or provided by a private investment fund and held by a governmental body that is not listed in Government Code 552.0225(b) is confidential and excepted from the requirements of the PIA.

Unless the information has been publicly released, pre-investment and post-investment diligence information, including reviews and analyses, prepared or maintained by a governmental body or a private investment fund is confidential and excepted from the requirements of the PIA, except to the extent it is subject to disclosure under

the following provision.

All information regarding a governmental body’s direct purchase, holding, or disposal of restricted securities that is not listed in Section 552.0225(b)(2)-(9), (11), or (13)-(16) is confidential and excepted from the requirements of the PIA. This provision does not apply to a governmental body’s purchase, holding, or disposal of restricted securities for the purpose of reinvestment nor does it apply to a private investment fund’s investment in restricted securities.

This provision applies to information regarding a direct purchase, holding, or disposal of restricted securities by the Texas growth fund, created under Texas Constitution Article XVI, Section 70, that is not listed in Government Code 552.0225(b).

Gov’t Code 552.143(a)-(c)

Email Addresses

Confidential

An email address of a member of the public that is provided for the purpose of communicating electronically with a governmental body is confidential and not subject to disclosure under the PIA. Confidential information described by this section that relates to a member of the public may be disclosed if the member of the public affirmatively consents to its release. Gov’t Code 552.137(a)-(b)

Exceptions

This section does not apply to an email address:

1. Provided to a governmental body by a person who has a contractual relationship with the governmental body or by the contractor’s agent;

2. Provided to a governmental body by a vendor who seeks to contract with the governmental body or by the vendor’s agent;

3. Contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to the governmental body in the course of negotiating the terms of a contract or potential contract;

4. Provided to the governmental body on a letterhead, coversheet, printed document, or other document made available to the public; or

5. Provided to a governmental body for the purpose of providing public comment on or receiving notices related to an application for a license or receiving orders or decisions from a governmental body. “License” includes the whole or part of a state agency permit, certificate, approval, registration, or similar form of permission required by law.

This section does not prohibit a governmental body from disclosing an email address for any reason to another governmental body or to a federal agency.

Gov’t Code 552.137(c)-(d), 2001.003(2)

Participant in the

Address

Confidentiality

Program

Information relating to a participant in the Address Confidentiality Program to assist a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons under Code of Criminal Procedure Chapter 58, Subchapter B, is confidential, except as provided by Code of Criminal Procedure 58.061, and may not be disclosed under the PIA. [See DBA, FJ, and GL] Code of Criminal Procedure 58.060

Crime Victim

Information

Pseudonym Form

A completed and returned pseudonym form as provided by Code of Criminal Procedure Chapter 58 is confidential and may not be disclosed to any person except as provided by Chapter 58. Code of Criminal Procedure Ch. 58

Certain

Identifying

Information

Information is confidential and excepted from the requirements of the PIA if the information identifies an individual as:

1. A victim of:

a. An offense under Penal Code 20A.02, 20A.03, 21.02,21.11, 22.011, 22.021, 43.05, or 43.25; or

b. An offense that is part of the same criminal episode, as defined by Penal Code 3.01 as an offense described by item 1a; or

2. A victim of any criminal offense, if the victim was younger than 18 years of age when any element of the offense was committed.

Gov’t Code 552.1315(a)

Exception

Information under this provision may be disclosed:

1. To any victim identified by the information, or to the parent or guardian of a victim described by item 2, above, who is identified by the information;

2. To a law enforcement agency for investigative purposes; or

3. In accordance with a court order requiring the disclosure.

Gov’t Code 552.1315(b)

Employees Who

Are Victims of

Certain Crimes

An employee of a governmental body who is also a victim under Code of Criminal Procedure Chapter 56B, or has suffered property damage for which the employee is eligible for compensation under Code of Criminal Procedure Chapter 56C, regardless of whether the employee has filed an application for compensation under the

applicable chapter, may elect whether to allow public access to information held by the attorney general’s office or governmental body that would identify or tend to identify the employee, including a photograph or other visual representation of the employee. The election must be made in writing on a form developed by the governmental body, be signed by the employee, and be filed with the governmental body before the third anniversary of the latest to occur of one of the following:

1. The date the crime was committed or the property damage occurred, as applicable;

2. The date employment begins; or

3. The date the governmental body develops the form and provides it to employees.

If the employee fails to make the election, the identifying information is excepted from disclosure until the third anniversary of the date the crime was committed. In case of disability, impairment, or other incapacity of the employee, the election may be made by the guardian of the employee or former employee.

Gov’t Code 552.132(d)-(e)

Victim Impact

Statement

The following information that is held by a governmental body or filed with a court and that is contained in a victim impact statement or was submitted for purposes of preparing a victim impact statement is confidential:

1. The name, social security number, address, and telephone number of a crime victim; and

2. Any other information the disclosure of which would identify or tend to identify the crime victim.

“Crime victim” means a person who is a victim as defined by Code of Criminal Procedure 56B.003.

“Victim impact statement” means a victim impact statement under Code of Criminal Procedure Chapter 56A, Subchapter D.

Gov’t Code 552.1325

Child Victim

Information

A public servant or other person who has access to or obtains the name, address, telephone number, or other identifying information of a victim, as described by Code of Criminal Procedure 58.101, 58.155, or 58.201, younger than 17 years of age or of a victim, as described by Code of Criminal Procedure 58.251, younger than 18 years of age may not release or disclose the identifying information to any person who is not assisting in the investigation, prosecution, or defense of the case. Code of Criminal Procedure 58.105, .155,.205, .255

Person Licensed or

an Applicant for a

License Under

Occupations Code

Chapter 1701

Personnel File

Except as provided by Occupations Code 1701.4535, a law enforcement agency may not release any information contained in a license holder’s personnel file to any other agency or person requesting information relating to the license holder unless required by law. The agency shall refer the person or agency requesting the information to the agency head or the head’s designee. Occupations Code 1701.4535(c)

Medical and

Psychological

Examination

Records relating to a request or order of TCOLE or a hearing or examination conducted under Occupations Code 1701.167, including, if applicable, the identity of the person notifying TCOLE that a license holder may not meet the standards required by the policy adopted by a law enforcement agency prescribing standards and procedures for the medical and psychological examination of a license holder or person for whom a license is sought by the agency

are confidential and not subject to disclosure under Government Code Chapter 552. Occupations Code 1701.167(i)

Licensing Status

Database

Except as provided by Occupations Code 1701.168(b) and 1701.168(c), information maintained in the licensing status database is confidential and not subject to disclosure under Government Code Chapter 552. Occupations Code 1701.168

Library Records

A record of a library or library system, supported in whole or in part by public funds, that identifies or serves to identify a person who requested, obtained, or used a library material or service is excepted from the requirements of the PIA, unless the records are disclosed:

1. Because the library or library system determines that disclosure is reasonably necessary for the operation of the library or library system and the record is not confidential under other state or federal law;

2. Under Government Code 552.023; or

3. To a law enforcement agency or prosecutor under a court order or subpoena obtained after a showing to a district court that disclosure of the record is necessary to protect the public safety or the record is evidence of an offense or constitutes evidence that a particular person committed an offense.

A record of a library or library system that is excepted from required disclosure under this section is confidential.

Gov’t Code 552.124

Certain Products,

Devices, and

Processes

In order to protect the actual or potential value, the following information is confidential and is not subject to disclosure under the PIA, or otherwise:

1. All information relating to a product, device, or process, the application or use of such a product, device, or process, and all technological and scientific information (including computer programs) developed in whole or in part at a state institution of higher education, including a college district, regardless of whether patentable or capable of being registered under copyright or trademark laws, that have a potential for being sold, traded, or licensed for a fee.

2. Any information relating to a product, device, or process, the application or use of such product, device, or process, and any technological and scientific information (including computer programs) that is the proprietary information of a person, partnership, corporation, or federal agency that has been disclosed to an institution of higher education solely for the purposes of a written research contract or grant that contains a provision prohibiting the institution of higher education from disclosing such proprietary information to third persons or parties.

Education Code 51.914(a)

Research

Information maintained by or for an institution of higher education that would reveal the institution’s plans or negotiations for commercialization or a proposed research agreement, contract, or grant, or that consists of unpublished research or data that may be commercialized, is not subject to the PIA, unless the information has been

published, is patented, or is otherwise subject to an executed license, sponsored research agreement, or research contract or grant. Education Code 51.914(b)

Research and

Development

Facility

The plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility that is jointly financed by the federal government and a local government or state agency, including an institution of higher education, is confidential and is not subject to disclosure under the PIA if the facility is designed and built for the purposes of promoting scientific research and development and increasing the economic development and diversification of this state. Education Code 51.914(a)

Compliance

Investigations

The following are confidential:

1. Information that directly or indirectly reveals the identity of an individual who made a report to the compliance program office of an institution of higher education, sought guidance from the office, or participated in an investigation conducted under the compliance program; and

2. Information that directly or indirectly reveals the identity of an individual as a person who is alleged to have or may have planned, initiated, or participated in activities that are the subject of a report made to the compliance program office of an institution of higher education if, after completing an investigation, the office determines the report to be unsubstantiated or without merit.

Information is excepted from disclosure under the PIA if it is collected or produced in a compliance program investigation and releasing the information would interfere with an ongoing compliance investigation.

Education Code 51.971(c), (e)

Exceptions

Education Code 51.971(c) does not apply to information related to an individual who consents to disclosure of the information.

Information made confidential or excepted from public disclosure by this section may be made available to the following on request in compliance with applicable law and procedure:

1. A law enforcement agency or prosecutor;

2. A governmental agency responsible for investigating the matter that is the subject of a compliance report, including the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission; or

3. An officer or employee of an institution of higher education or compliance officer who is responsible under institutional policy for a compliance program investigation or for reviewing a compliance program investigation.

A disclosure to an individual listed above is not a voluntary disclosure for purposes of Government Code 552.007. [See AF]

Education Code 51.971(d), (f)-(g)

Computer Network

Security

Information is excepted from the requirements of the PIA if it is information that relates to computer network security, to network security information that is restricted under Government Code 2059.055, or to the design, operation, or defense of a computer network. The following information is confidential:

1. A computer network vulnerability report;

2. Any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, system interface, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body’s or contractor’s electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure or inappropriate use;

3. A photocopy or other copy of an identification badge issued to an official or employee of a governmental body; and

4. Information directly arising from a governmental body's routine efforts to prevent, detect, investigate, or mitigate a computer security incident, including information contained in or derived from an information security log.

Item 4 does not affect the notification requirements related to a breach of system security as defined by Business and Commerce Code 521.053.

Information may be disclosed to a bidder if the governmental body determines that providing the information is necessary for the bidder to provide an accurate bid. Such a disclosure is not a voluntary disclosure for purposes of Government Code 552.007 (requiring disclosure to any person).

Gov’t Code 552.139

Biennial Information

Security Plan

Each information security plan is confidential and exempt from disclosure under Government Code Chapter 552. [See CS] Gov’t Code 2063.403(d)

Data

Governance

Assessment

An assessment of a state agency’s data governance program and all documentation related to the assessment and report are confidential and not subject to disclosure under Government Code Chapter 552. A state agency,

including a college district, may redact or withhold the information as confidential under Chapter 552 without requesting a decision from the attorney general under Chapter 552, Subchapter G. [See CS] Gov’t Code 2054.515(d)

Security System

Specifications,

Operations, and

Locations

Except as provided by Government Code 418.182(b) and (c), information, including access codes and passwords, in the possession of a governmental entity is confidential if the information relates to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism

or related criminal activity or a hostile act by a foreign adversary of the United States. Gov’t Code 418.182(a)

Fraud Detection

and Deterrence

Measures

Information in the custody of a governmental body that relates to fraud detection and deterrence measures is confidential and excepted from the requirements of Government Code 552.021.

For purposes of this provision, fraud detection information includes risk assessments, reports, data, protocols, technology specifications, manuals, instructions, investigative materials, crossmatches, mental impressions, and communications that may reveal the methods or means by which a governmental body prevents, investigates,

or evaluates fraud.

Gov’t Code 552.164(a)

Emergency Alert

System

The personal identifying information obtained from an individual for the purpose of the emergency alert system of a college district, including an email address or telephone number, is confidential and not subject to disclosure under the PIA. [See CGC] Education Code 51.218(e)

Sensitive Crime

Scene Image

A sensitive crime scene image, as defined by Government Code 552.1085(a)(6), in the custody of a governmental body, including a college district, is confidential and excepted from the requirements of Government Code 552.021, and a governmental body may not permit a person to view or copy the image except as provided by Government Code 552.1085. Gov’t Code 552.1085(c)

Military Discharge

Records

A military veteran’s Department of Defense Form DD-214 or other military discharge record that is first recorded with or that otherwise first comes into the possession of a governmental body on or after September 1, 2003, is confidential for the 75 years following the date it is recorded with or otherwise comes into the possession of the governmental body in accordance with Government Code 552.140 or in accordance with a court order. A governmental body that obtains information from the record shall limit the governmental body’s use and disclosure of the information to the purpose for which the information was obtained. Gov’t Code 552.140

Military Personnel

Information

A service member’s military personnel information is confidential and not subject to disclosure under the PIA.

“Military personnel information” means a service member’s name, Department of Defense identification number, home address, rank, official title, pay rate or grade, state active duty orders, deployment locations, military duty addresses, awards and decorations, length of military service, and medical records.

Gov’t Code 437.232

Retirement System

Information

Records of individual members, annuitants, retirees, beneficiaries, alternate payees, program participants, or persons eligible for benefits from a retirement system under a retirement plan or program administered by the retirement system that are in the custody of another governmental agency acting in cooperation with or on behalf

of the retirement system are confidential and not subject to public disclosure. Gov’t Code 552.0038

Election Judge or

Clerk Information

An email address or personal phone number of an election judge or clerk collected or maintained by the authority conducting the election is confidential and does not constitute public information for purposes of the PIA. Election Code 32.076(a)

Exception

An email address or phone number described by Election Code 32.076(a), above, shall be made available on request to:

1. Any entity eligible to submit lists of election judges or clerks for that election; or

2. The state executive committee of a political party with a county chair eligible to submit lists of election judges or clerks for that election.

Election Code 32.076(b)

Electronic

Campaign Report

Data

Electronic campaign report data saved in a temporary storage location of the authority with whom the report is filed for later retrieval and editing before the report is filed is confidential and may not be disclosed. After the report is filed with the authority, the information disclosed in the filed report is public information to the extent provided by Election Code Title 15. Election Code 254.0401(g)

Section III:

Information

Excepted from

Public Disclosure

The PIA does not prohibit a governmental body or its officer for public information voluntarily making part or all of its information available to the public, unless the disclosure is expressly prohibited by law or the records are confidential by law. Gov’t Code 552.007

Except for social security numbers as provided by Government Code 552.147, the confidentiality provisions of Government Code Chapter 552, or other law, information that is not confidential, but is excepted from required disclosure under the PIA, is public information and is available to the public on or after the 75th anniversary of the date the information was originally created or received by the governmental body. This paragraph does not limit the authority of a governmental body to establish retention periods for records under applicable law. Gov’t Code 552.0215

Confidential

Information

Information is excepted from the requirements of the PIA if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision. Gov’t Code 552.101

Personnel File

Information is excepted from the requirements of the PIA if it is information in a personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, except that all information in the personnel file of an employee of a governmental body is to be made available to that employee or the employee’s

designated representative as public information is made available under the PIA. Gov’t Code 552.102

Substantial Threat

of Physical Harm

Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of the PIA if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm. Gov’t Code 552.152

Litigation

Information is excepted from the requirements of the PIA if it is information relating to litigation of a civil or criminal nature to which the state or a political subdivision is or may be a party or to which an officer or employee of the state or political subdivision, as a consequence of the person’s office or employment, is or may be a party. The state or a political subdivision is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired or until the defendant has exhausted all appellate and postconviction remedies in state and federal court. Information relating to litigation involving a governmental body or an officer or employee of a governmental body is excepted from disclosure under the PIA only if the litigation is pending or reasonably anticipated on the date that the requestor applies to the officer for public information for access to or duplication of the information. Gov’t Code 552.103

Exception for

Election

Information

The exception to disclosure provided by Government Code 552.103 does not apply to information requested under the PIA if the information relates to a general or special election and the information is in the possession of the governmental body that administers elections. Gov’t Code 552.103(d)

Competition or

Bidding

Information is excepted from the requirements of the PIA if a governmental body demonstrates that release of the information would harm its interest by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future. Except as provided below, the requirement of Government Code 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required

disclosure under the PIA unless expressly confidential under law does not apply to information that is excepted from required disclosure under this provision. Gov’t Code 552.104(a)-(b)

Exception for

Entertainment

Events

The exception to disclosure for information related to competition or bidding under Government Code 552.104(b) does not apply to information described by Government Code 552.022 relating to the receipt or expenditure of public or other funds by a governmental body for a parade, concert, or other entertainment event paid for in

whole or part with public funds. A person, including a governmental body, may not include a provision in a contract related to an event described by this provision that prohibits or would otherwise prevent the disclosure of information described by this subsection. A contract provision that violates this provision is void. Gov’t Code 552.104(c)

Location or Price of

Property

Information is excepted from the requirements of the PIA if it is information relating to the location of real or personal property for a public purpose prior to public announcement of the project, or appraisals or purchase price of real or personal property for a public purpose prior to the formal award of contracts for the property.

Gov’t Code 552.105

Drafts and Working

Papers

A draft or working paper involved in the preparation of proposed legislation is excepted from the requirements of the PIA. Gov’t Code 552.106

Legal Matters

Information is excepted from the requirements of the PIA if it is information the attorney of a political subdivision is prohibited from disclosing because of a duty to the client under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct or a court by order has prohibited disclosure of the information.

Gov’t Code 552.107

Law Enforcement

Information

Information held by a law enforcement agency that deals with detection, investigation, or prosecution of crime is excepted from the requirements of the PIA if:

1. Release of the information would interfere with the detection, investigation, or prosecution of crime;

2. It is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication; or

3. It is information relating to a threat against a peace officer collected or disseminated under Government Code 411.048. An internal record or notation of a law enforcement agency that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of the PIA if:

1. Release of the internal record or notation would interfere with

law enforcement or prosecution; or

2. The internal record or notation relates to law enforcement

only in relation to an investigation that did not result in conviction

or deferred adjudication.

This section does not except from the requirements of the PIA information that is basic information about an arrested person, an arrest, or a crime. A governmental body shall promptly release basic information responsive to a PIA request unless the governmental body seeks to withhold the information as provided by another provision

of the PIA and regardless of whether the governmental body requests an attorney general decision under Government Code 552, Subchapter G, regarding other information subject to the request.

Gov’t Code 552.108(a)-(c)

Certain Crime

Information

The exception to disclosure provided by an internal record or notation relating to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication does not apply to information, records, or notations if:

1. A person who is described by or depicted in the information, record, or notation, other than a peace officer, is deceased or incapacitated; or

2. Each person who is described by or depicted in the information, record, or notation, other than a person who is deceased or incapacitated, consents to the release of the information, record, or notation.

Gov’t Code 552.108(c-1)

Private

Correspondence

and

Communications

Private correspondence or communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy are excepted from the requirements of the PIA. Gov’t Code 552.109

Contracting

Information

Trade Secrets

Information is excepted from public disclosure if it is demonstrated based on specific factual evidence that the information is a trade secret, as defined by Government Code 552.110(a). Gov’t Code 552.110(b)

Proprietary

Information

Information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from public disclosure if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that the information is proprietary information under Government Code 552.1101. Gov’t Code 552.1101

Commercial or

Financial

Information

Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained are excepted from the requirements of the PIA. Gov’t Code 552.110(b)

Exceptions

The exceptions to disclosure provided by Government Code 552.110 and 552.1101 do not apply to the following types of contracting information:

1. A contract described by Government Code 2261.253(a), excluding any information that was properly redacted under Section 2261.253(e);

2. A contract described by Government Code 322.020(c), excluding any information that was properly redacted under Section 322.020(d);

3. The following contract or offer terms or their functional equivalent:

a. Any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price;

b. A description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract;

c. The delivery and service deadlines;

d. The remedies for breach of contract;

e. The identity of all parties to the contract;

f. The identity of all subcontractors in a contract;

g. The affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor;

h. The execution dates;

i. The effective dates; and

j. The contract duration terms, including any extension options; or

4. Information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding a breach of contract, a contract variance or exception, a remedial action, an amendment to a contract, any assessed or paid liquidated damages, a key measures report, a progress report, and a final payment checklist.

Gov’t Code 552.0222(6)

Agency Memoranda

An interagency or intra-agency memorandum or letters that would not be available by law to a party in litigation with the agency is excepted from the requirements of the PIA. Gov’t Code 552.111; City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) (concluding that the deliberative process privilege, incorporated into the exception found at Government Code 552.111, exempts communications related to a governmental agency’s policymaking)

Audit Working

Paper

An audit working paper of an audit of the state auditor or the auditor of an institution of higher education is excepted from the requirements of the PIA. If information in an audit working paper is also maintained in another record, that other record is not excepted from the requirements of the PIA.

“Audit working paper” includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including intra-agency and interagency communications and drafts of the audit report or portions of those drafts.

Gov’t Code 552.116

Contact Information

Information is excepted from the requirements of the PIA if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following persons, or that reveals whether the person has family members:

1. A current or former official or employee of a governmental body, except as otherwise provided by Government Code 552.024.

2. A current or honorably retired peace officer as defined by Code of Criminal Procedure 2A.001, regardless of whether the officer complies with Government Code 552.024 or 552.1175, as applicable.

3. A commissioned security officer as defined by Occupations Code 1702.002, regardless of whether the officer complies with Sections 552.024 or 552.1175, as applicable.

4. An elected public officer, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable.

5. A member of the governing board of an institution of higher education.

6. The president or other chief executive officer of an institution of higher education.

7. Other officials listed under Government Code 552.117.

Gov’t Code 552.117 [For officer information that is confidential under Government Code 552.1175, see Section II: Information that is Confidential]

Family Member

For the purposes of Government Code 552.117, “family member” means a minor child, adult spouse, spouse, or surviving spouse.

Gov’t Code 552.117(c)

Photographs of

Peace Officers

photograph that depicts a peace officer, as defined by Code of Criminal Procedure 2A.001, the release of which would endanger the life or physical safety of the officer is excepted from the requirements of the PIA, unless:

1. The officer is under indictment or charged with an offense by information;

2. The officer is a party in a civil service hearing or a case in arbitration; or

3. The photograph is introduced as evidence in a judicial proceeding.

A photograph excepted from disclosure as described above may be made public only if the peace officer gives written consent to the disclosure.

Gov’t Code 552.119

Test Items

Test items developed by a state-funded educational institution. A test item developed by a licensing agency or governmental body is excepted from the requirements of the PIA. Gov’t Code 552.122

Rare Books and

Original

Manuscripts

A rare book or original manuscript that was not created or maintained in the conduct of official business of a governmental body and that is held by a private or public archival and manuscript repository for the purpose of historical research is excepted from the requirements of the PIA. Gov’t Code 552.120

Documents Held for

Historical Research

An oral history interview, personal paper, unpublished letter, or organizational record of a nongovernmental entity that was not created or maintained in the conduct of official business of a governmental body and that is held by a private or public archival and manuscript repository for the purpose of historical research is excepted from the requirements of the PIA to the extent that the archival and manuscript repository and the donor of the interview, paper, letter, or record agree to limit disclosure of the item. Gov’t Code 552.121

Chief Executive

Officer Applicants

The name of an applicant for the position of chief executive officer of an institution of higher education, and other information that would tend to identify the applicant, is excepted from the requirements of the PIA except that the governing board of the institution must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which final action or a vote is to be taken on the employment of the person. Gov’t Code 552.123

Motor Vehicle

Record Information

Information is excepted from the requirements of the PIA if the information relates to:

1. A motor vehicle operator’s or driver’s license or permit issued by an agency of this state or another state or country;

2. A motor vehicle title or registration issued by an agency of this state or another state or country; or

3. A personal identification document issued by an agency of this state, or another state or country or a local agency authorized to issue an identification document.

Information described above may be released only if, and in the manner, authorized by Transportation Code Chapter 730 (the Motor Vehicle Records Disclosure Act).

Subject to Chapter 730, a governmental body may redact information described above from any information the governmental body discloses without the necessity of requesting a decision from the attorney general under Government Code Chapter 552, Subchapter G. If a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter.

A governmental body that redacts or withholds information as described above shall provide the following information to the requestor on a form prescribed by the attorney general: a description of the redacted or withheld information; a citation to Government Code 552.130; and instructions regarding how the requestor may

seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

License Plate

Numbers

The license plate number of a motor vehicle captured visually or audibly in a video recording obtained or maintained by a law enforcement agency is not confidential under Government Code 552.130 or Transportation Code Chapter 730 and may be included in a video recording disclosed under the PIA. This provision does not preclude a law enforcement agency from asserting other exceptions to the disclosure of the information under the PIA.

The law enforcement agency is not required to redact any license plate numbers before releasing the video.

Gov’t Code 552.130, Transp. Code 730.007

Commercial Book

or Publication

A governmental body is not required under the PIA to allow the inspection of or to provide a copy of information in a commercial book or publication purchased or acquired by the governmental body for research purposes if the book or publication is commercially available to the public. Although information in a book or publication may be made available to the public as a resource material, such as a library book, a governmental body is not required to

make a copy of the information in response to a request for public information. A governmental body shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of the governmental body.

Gov’t Code 552.027

Social Security

Numbers

The social security number of a living person is excepted from the requirements of the PIA, but is not confidential under Government Code 552.147 and this section does not make the social security number of a living person confidential under the PIA or other law. A governmental body may redact the social security number of a living

person from any information the governmental body discloses under the PIA without the necessity of requesting a decision from the attorney general. Gov’t Code 552.147(a)-(b)

Donor Information

The name or other information that would tend to disclose the identity of a person, other than a governmental body, who makes a gift, grant, or donation of money or property to an institution of higher education or to another person with the intent that the money or property be transferred to an institution of higher education is excepted

from the requirements of the PIA. This provision does not except from required disclosure other information relating to the described gifts, grants, and donations, including the amount or value of an individual gift, grant, or donation. Gov’t Code 552.1235

Safety and Security

Audit

Any document or information collected, developed, or produced during a safety and security audit conducted under Education Code 37.108(b) is not subject to disclosure under the PIA [see CGA].

Multihazard

Emergency

Operations Plan

Exception

A document relating to a public junior college district’s multihazard emergency operations plan [see CGC] is subject to disclosure if the document enables a person to:

1. Verify that the district has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the district to respond to an emergency, including the Texas Department of State Health Services, local emergency services agencies, law enforcement agencies, health departments, and fire departments;

2. Verify that the district’s plan was reviewed within the last 12 months and determine the specific review dates;

3. Verify that the plan addresses the five phases of emergency management under Education Code 37.108(a);

4. Verify that district employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;

5. Verify that each campus in the district has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;

6. Verify that the district has completed a safety and security audit under Education Code 37.108(b) and determine the date the audit was conducted, the person conducting the audit, and the date the district presented the results of the audit to the district’s board of trustees; and

7. Verify that the district has addressed any recommendations by the board for improvement of the plan and determine the district’s progress within the last 12 months.

Education Code 37.108(c-1)-(c-2)

Cybersecurity

Information

A cyber threat indicator or defensive measure shared by or with a state, tribal, or local government under 6 U.S.C. 1503 shall be deemed voluntarily shared information and exempt from disclosure under any state or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. 6 U.S.C. 1503(d)(4)(B)

A cyber threat indicator or defensive measure shared with the federal government under Title 6, United States Code, shall be:

1. Deemed voluntarily shared information and exempt from disclosure under federal public information law and any state or local provision of law requiring disclosure of information or records; and

2. Withheld, without discretion, from the public under federal public information law and any state or local provision of law requiring disclosure of information or records.

6 U.S.C. 1504(d)(3) [See CS]

Information is excepted from the requirements of the PIA if it is information that relates to:

1. A cybersecurity measure, policy, or contract solely intended to protect a critical infrastructure facility located in the jurisdiction of the governmental body;

2. Coverage limits and deductible amounts for insurance or other risk mitigation coverages acquired for the protection of information technology systems, critical infrastructure, operational technology systems, or data of a governmental body or the amount of money set aside by a governmental body to self-insure against those risks;

3. Cybersecurity incident information reported pursuant to state law; [See CS]

4. Network schematics, hardware and software configurations, or encryption information or information that identifies the detection, investigation, or response practices for suspected or confirmed cybersecurity incidents if the disclosure of such information would facilitate unauthorized access to:

a. Data or information, whether physical or virtual; or

b. Information technology resources, including a governmental body’s existing or proposed information technology system.

“Cybersecurity” means the measures taken to protect a computer, a computer network, a computer system, or other technology infrastructure against unauthorized use or access.

Gov’t Code 552.1391(a)-(b)