Open Records Act Overview

Bottom Line for Researchers:

Unless your research project and associated data has been pre-determined by the Texas Tech Office of General Counsel to be exempted, then your research data, communications, analysis, and activity is likely subject to the Texas Open Records Act.

If you have specific questions concerning the Open Records Act, please contact Mr. Ronny Wall in the Texas Tech Office of General Counsel.

Texas Tech System Policy Overview

Texas Tech University System Open Records Request

Texas Tech University System's policy and procedures for handling public records requests are set forth in Texas Tech University System Regulation 07.01. This regulation applies to all requests for public records from the System administration and all of the System's component institutions.

It is the policy of the Texas Tech University System and the State of Texas that Institutions of Higher Education serve the people of Texas, and, thus, the general public is granted certain rights under the Texas Public Information Act to view or receive a copy of the documents and electronically stored information held by this institution and its components except where the law recognizes the confidentiality of certain records. The institution may charge for copies, labor, redactions or other supplies or services; however, if the institution expects the costs to exceed $40, then the institution is required to send an estimate of the costs to the requestor prior to filling the request.

Information Not Subject to Open Records Act Generally

[Excerpted from the The Texas Public Information Act]

“The following list includes the most common records that are not covered under the Act. These records are often discussed as part of family law cases. Speak to a family law attorney if you need access to these records for your case.

1. Education Records and Student Records. Education and student records of an educational agency or institution are not required to be released, except with permission under The Family Educational Rights and Privacy Act of 1974. This federal law is often called “FERPA.” Texas Government Code 552.026 and Texas Government Code 552.114.
2. Personnel Records. If the release of information in a personnel file would constitute an unwarranted invasion of personal privacy, it does not have to be released. Texas Government Code 552.102.
3. Real Estate Deals. Information can be withheld relating to the location and appraisals or purchase price of real or personal property. Texas Government Code 552.105.
4. Certain legal matters involving attorney-client privilege. This includes information that the attorney general or an attorney of a political subdivision is prohibited from disclosing because of a duty under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct. This may also apply if a court order has prohibited disclosure of the information. Texas Government Code 552.107. This may be important if your child support case is with the Office of the Attorney General.
5. Birth and death records. A birth or death record maintained by the vital statistics unit of the Department of State Health Services or a local registration office does not have to be released. There are exceptions for some situations. Texas Government Code 552.115.
6. Crime Victim Records. Information about adult and child victims of certain criminal offenses is not permitted to be released. Texas Government Code 552.1315.
7. Family Violence Shelter Center, Victims of Trafficking Shelter Center, and Sexual Assault Program Information. Information related to the location or physical layout of a family violence shelter center or victims of trafficking shelter center is confidential. Texas Government Code 552.138.

Find the list of other statutory exceptions here.”

If you have any questions regarding a Public Information Act request, please contact Ronny H. Wall at (806) 742-2155.