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City attorney's presenter outlines limits and obligations under Texas Public Information Act
Summary
At a council meeting, Alicia Cray briefed Saginaw officials on the Texas Public Information Act, emphasizing that councilmembers' personal-device communications about city business can be subject to public records requests and explaining when the city must seek an attorney general ruling or may withhold material.
Alicia Cray delivered a fast-paced briefing to the City of Saginaw council on the Texas Public Information Act on Aug. 6, explaining how requests must be written, that the city need only provide information already in existence, and how the city handles confidential records.
Cray told the council the law is governed by chapter 552 of the Texas Government Code and that requesters must ask for existing records in writing. "The law does not require that the city create anything new to respond to a request," she said, adding that the city can ask a requester to clarify or narrow a voluminous request and may provide a cost estimate when fees exceed $40.
She emphasized the temporary custodian rule for elected officials: "Any information of the city that you store on your personal devices or that's within your city of Saginaw email addresses is subject to the Public Information Act if it's related to city business," Cray said, explaining that the city secretary may ask members to search personal devices and turn records over if they relate to official business.
The presenter reviewed common exceptions that can make records confidential, including medical information, dates of birth, child-abuse and juvenile records, and law-enforcement materials. She said Saginaw has two prior attorney-general determinations that streamline routine withholdings: one covering dates of birth and another related to certain law-enforcement record releases so staff need not seek a ruling in those cases.
The council also discussed body-worn-camera footage. Cray said a requester must specify the recording's date, time, location and one or more persons in the recording for the request to be valid. She added that footage is only governed by the PIA when it could be used as evidence in a criminal prosecution, otherwise release is not guaranteed.
On deadlines, Cray said the city generally operates on a 10 business-day clock to submit a request for a ruling to the attorney general's office when confidential information is involved; missing that deadline risks waiving discretionary exceptions. She also warned that willful noncompliance with the law can carry fines and jail penalties, and that the city or a requester may file suit in Travis County to challenge an AG ruling within 30 days.
The presentation closed with staff offering resources (municipal legal contacts and the AG hotline) and an invitation to contact the city attorney's office with follow-up questions. Mayor (chair) and City Attorney Brent Meredith thanked Cray for the briefing.
