Your Comprehensive Guide to Texas Public Records
Texas Public Records
Texas Public Records
Public records in Texas are documents and information created, collected, or maintained by governmental bodies in the state. These records provide transparency into government operations and are accessible to citizens under Texas law. The Texas Public Information Act (TPIA), formerly known as the Open Records Act, governs access to these records, establishing the framework for public access while protecting certain confidential information.
Texas public records encompass a wide range of documents, from vital records like birth and death certificates to property records, court documents, criminal histories, and business filings. These records serve various purposes, including research, verification, legal proceedings, and ensuring governmental accountability.
Are Texas Records Public?
Yes, most records created or maintained by Texas governmental bodies are considered public under the Texas Public Information Act (Texas Government Code Chapter 552). The law establishes a presumption of openness, stating that all government information is presumed to be available to the public unless specifically excepted by law.
The TPIA applies to all governmental bodies in Texas, including:
- State agencies
- City governments
- County governments
- School districts
- Special districts
- Public colleges and universities
- Boards and commissions
The Texas Supreme Court has consistently upheld the principle that governmental bodies are the custodians, not the owners, of public information. As stated in the law, public information belongs to the people, not the government.
However, not all records are publicly accessible. The TPIA contains exceptions that protect certain types of information from disclosure, such as confidential information protected by other laws, certain personnel information, and information that would compromise security or law enforcement activities.
What Information Is Included in Texas Public Records?
Texas public records contain a vast array of information across numerous categories:
Vital Records:
- Birth certificates
- Death certificates
- Marriage licenses
- Divorce decrees
Property Records:
- Deeds
- Mortgages
- Property tax assessments
- Liens
- Foreclosures
Court Records:
- Civil case filings
- Criminal case records
- Probate records
- Family court records
- Traffic citations
Business Records:
- Corporation filings
- Limited liability company registrations
- Partnership registrations
- Assumed name certificates (DBA)
- Professional licenses
Government Records:
- Meeting minutes
- Budgets and financial reports
- Contracts and agreements
- Correspondence
- Permits and licenses
Criminal Justice Records:
- Arrest records
- Incarceration records
- Sex offender registry
- Criminal histories
- Parole information
Motor Vehicle Records:
- Vehicle registrations
- Driver's license information (limited)
- Accident reports
Voter Records:
- Voter registrations
- Election results
- Campaign finance reports
What Does the Texas Public Records Law Do?
The Texas Public Information Act (TPIA), codified in Chapter 552 of the Texas Government Code, establishes the framework for public access to government records in Texas. The law was originally enacted in 1973 as the Open Records Act and has undergone several revisions since then.
Key provisions of the TPIA include:
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Presumption of Openness: The law establishes that all government information is presumed to be available to the public, placing the burden on governmental bodies to demonstrate why information should be withheld.
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Response Timeline: Governmental bodies must "promptly" produce public information in response to a request, with "promptly" meaning as soon as possible under the circumstances. If a governmental body cannot produce the information within 10 business days, it must notify the requestor in writing of a reasonable date when the information will be available.
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Exceptions to Disclosure: The TPIA outlines specific exceptions that allow governmental bodies to withhold certain information, including information that is confidential by law, certain personnel information, and information related to litigation or law enforcement.
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Cost Recovery: The law allows governmental bodies to charge reasonable fees for providing copies of public information, with fee guidelines established by the Office of the Attorney General.
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Attorney General Opinions: If a governmental body believes requested information is excepted from disclosure, it must request an opinion from the Texas Attorney General within 10 business days and notify the requestor of this action.
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Enforcement Provisions: The TPIA includes provisions for enforcement, including civil penalties for governmental bodies that fail to comply with the law and criminal penalties for officials who willfully destroy, remove, or alter public information.
The law is designed to balance the public's right to know with the need to protect certain sensitive information and the practical considerations of governmental operations.
How To Find Public Records in Texas in 2025
Accessing public records in Texas can be accomplished through several methods:
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Direct Agency Requests: Contact the specific governmental body that maintains the records you seek. Many agencies accept requests in person, by mail, email, or through online portals.
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Online Databases: Many Texas public records are available through online databases maintained by state and local agencies. These include:
- Texas.gov - The official website of the State of Texas
- Texas Public Information Act Electronic Filing System - For submitting public information requests to participating governmental bodies
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In-Person Visits: Visit the relevant agency's public counter during business hours to request records.
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Written Requests: Submit a written request to the appropriate records custodian. While the TPIA does not require requests to be in writing, a written request creates documentation of your request.
When making a request, be as specific as possible about the records you seek. Include relevant details such as date ranges, names, addresses, or case numbers to help the agency locate the information efficiently.
Does Texas Have Free Public Records?
Texas law allows for both free access and fee-based access to public records, depending on the circumstances:
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Inspection: The TPIA allows for the inspection of public records at no charge during a governmental body's regular business hours.
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Standard Copies: Governmental bodies may charge for copies of public information, with fees regulated by the Office of the Attorney General.
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Online Access: Many agencies provide free online access to certain public records, though some online systems may require subscription fees or per-record charges.
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Fee Waivers: Governmental bodies have discretion to waive or reduce fees if doing so is in the public interest. Additionally, certain requestors, such as representatives of news media or educational institutions, may qualify for fee waivers or reductions.
The availability of free public records varies significantly by agency and record type. While some basic information may be freely accessible, more comprehensive or specialized records often involve fees.
How Much Does It Cost To Get Public Records in Texas?
The cost of obtaining public records in Texas is governed by rules established by the Office of the Attorney General under the TPIA. Standard charges include:
- Standard Paper Copies: Up to $0.10 per page for standard 8.5" x 11" copies
- Nonstandard Copies: Varying rates for oversized copies, digital media, or specialized formats
- Labor Charges: Approximately $15-$25 per hour for requests requiring more than 50 pages or extensive programming/manipulation
- Overhead Charges: 20% of labor charges may be added for overhead costs
- Document Retrieval: Charges for retrieving documents from remote locations
- Postage and Shipping: Actual costs for mailing or shipping records
Specific records may have statutorily set fees that differ from these guidelines. For example:
- Birth certificates: $22-$23
- Death certificates: $20-$21
- Marriage licenses: $11-$82 (varies by county)
- Criminal history checks: $3-$25
- Vehicle records: $5.75-$7
Governmental bodies must provide a written itemized statement of estimated charges if they will exceed $40, and requestors must respond within 10 business days to accept the charges, modify the request, or withdraw it.
How Long Does It Take to Obtain Public Records in Texas?
Under the Texas Public Information Act, governmental bodies must respond to requests "promptly," which means as soon as possible without unreasonable delay. The specific timeframes include:
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Initial Response: Governmental bodies must respond to a request within 10 business days by either:
- Providing the requested information
- Notifying the requestor in writing of a reasonable date when the information will be available
- Seeking an Attorney General opinion if they believe the information is excepted from disclosure
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Attorney General Opinions: If a governmental body seeks an Attorney General opinion, it must do so within 10 business days of receiving the request and provide notice to the requestor. The Attorney General then has 45 business days to issue an opinion.
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Actual Processing Time: The actual time to receive records varies significantly based on:
- The complexity and volume of the request
- Whether the information requires redaction
- The current workload of the governmental body
- Whether third-party interests are involved
- Whether an Attorney General opinion is requested
Simple requests for readily available information may be fulfilled within days, while complex requests involving large volumes of records or requiring extensive review may take weeks or months.
What Records Are Confidential In Texas?
While Texas law presumes that government information is public, certain records are confidential by law and exempt from disclosure. These include:
Personal Information:
- Social Security numbers
- Driver's license numbers
- Personal financial information
- Medical and mental health records protected by HIPAA
- Certain personnel information of government employees
- Information that would constitute an unwarranted invasion of personal privacy
Law Enforcement and Security Information:
- Certain law enforcement investigation records
- Information related to homeland security
- Critical infrastructure information
- Information that would interfere with prosecution or prevention of crime
- Juvenile criminal records (with exceptions)
Government Operations:
- Attorney-client privileged communications
- Audit working papers
- Certain economic development negotiations
- Test items for licensing and certification examinations
- Certain information related to competitive bidding
Other Protected Records:
- Certain educational records protected by FERPA
- Trade secrets and proprietary commercial information
- Certain information related to litigation
- Information protected by court order
- Certain birth records less than 75 years old
- Death records less than 25 years old
The Texas Attorney General has issued numerous opinions interpreting these exceptions, and the list of confidential information continues to evolve through legislation and case law.
Who Has the Right To Request Public Records in Texas
Under the Texas Public Information Act, "any person" has the right to request public records from governmental bodies in Texas. This broad definition includes:
- Texas residents
- Out-of-state residents
- Foreign nationals
- Corporations and business entities
- Media organizations
- Non-profit organizations
- Governmental entities
The TPIA specifically states that a governmental body may not inquire about the purpose for which information will be used and must treat all requestors uniformly. The requestor's identity generally should not affect their right to access public information, with limited exceptions.
However, certain requestors may receive different treatment in specific circumstances:
- Incarcerated individuals have more limited rights to request certain records
- Governmental bodies may establish procedures for repetitious or redundant requests
- Commercial requestors seeking to sell information may face different fee structures in some cases
- Certain requestors (such as media or educational institutions) may qualify for fee waivers
The law emphasizes equal treatment of requestors regardless of their relationship to the governmental body or their intended use of the information.
What Can Be Done With Public Records in Texas
Public records obtained under the TPIA can be used for various legitimate purposes, including:
Personal Uses:
- Researching family history and genealogy
- Verifying personal information
- Obtaining copies of vital records for identification purposes
- Researching property ownership and values
Business Uses:
- Conducting background checks on potential employees or business partners
- Researching property for real estate transactions
- Verifying business registrations and licenses
- Monitoring competitors' government contracts
Legal Uses:
- Gathering evidence for litigation
- Researching case precedents
- Investigating potential claims
- Locating assets or parties in legal proceedings
Research and Academic Uses:
- Conducting academic research
- Analyzing government spending and operations
- Studying historical trends and events
- Compiling statistical data
Civic and Watchdog Uses:
- Monitoring government activities and expenditures
- Investigating potential misconduct or corruption
- Evaluating elected officials' performance
- Advocating for policy changes
While the TPIA does not restrict how public information may be used once obtained, other laws may limit certain uses of specific information. For example, driver's license information obtained from the Department of Public Safety has restrictions on commercial use under both state and federal law.
Key Agencies and Departments for Public Records in Texas
Texas Secretary of State
1019 Brazos Street
Austin, TX 78701
512-463-5555
Texas Secretary of State
Maintains business filings, notary records, and election information
Texas Department of Public Safety
5805 N. Lamar Blvd.
Austin, TX 78752
512-424-2000
Texas Department of Public Safety
Provides criminal history information, driver records, and sex offender registry
Texas Department of State Health Services - Vital Statistics Section
1100 W. 49th Street
Austin, TX 78756
888-963-7111
Texas Vital Statistics
Issues birth, death, marriage, and divorce certificates
Texas Department of Motor Vehicles
4000 Jackson Avenue
Austin, TX 78731
888-368-4689
Texas DMV
Maintains vehicle registration and title records
Texas Office of Court Administration
205 W. 14th Street, Suite 600
Austin, TX 78701
512-463-1625
Texas Courts
Provides access to court records and case information
Texas State Library and Archives Commission
1201 Brazos Street
Austin, TX 78701
512-463-5455
Texas State Library and Archives Commission
Preserves historical records and government documents
Texas Comptroller of Public Accounts
111 E. 17th Street
Austin, TX 78774
800-252-5555
Texas Comptroller
Maintains tax records, unclaimed property, and state financial information
Texas General Land Office
1700 N. Congress Avenue
Austin, TX 78701
512-463-5001
Texas General Land Office
Houses land grants, maps, and mineral rights records
Texas Workforce Commission
101 E. 15th Street
Austin, TX 78778
512-463-2222
Texas Workforce Commission
Maintains unemployment insurance records and employment data
Texas Education Agency
1701 N. Congress Avenue
Austin, TX 78701
512-463-9734
Texas Education Agency
Provides school district information and education statistics
Texas Commission on Environmental Quality
12100 Park 35 Circle
Austin, TX 78753
512-239-1000
Texas Commission on Environmental Quality
Maintains environmental permits, compliance records, and water quality data
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, TX 78744
512-389-4800
Texas Parks and Wildlife
Houses hunting and fishing licenses, boat registrations, and conservation records
Texas Attorney General's Office
300 W. 15th Street
Austin, TX 78701
512-463-2100
Texas Attorney General
Issues opinions on public information requests and enforces the TPIA
Texas Legislative Council
1501 N. Congress Avenue
Austin, TX 78701
512-463-1151
Texas Legislative Council
Provides access to legislative records and bill information
Harris County Clerk's Office
201 Caroline Street
Houston, TX 77002
713-274-8600
Harris County Clerk
Maintains property records, marriage licenses, and court records for Harris County
Dallas County Clerk
1201 Elm Street, Suite 2100
Dallas, TX 75270
214-653-7099
Dallas County Clerk
Provides access to vital records and property documents for Dallas County
How to Appeal a Denied Public Records Request in Texas
If your request for public records in Texas is denied, you have several options for appeal:
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Request an Attorney General Opinion: If a governmental body denies your request based on exceptions to disclosure, they must request an Attorney General opinion within 10 business days. You may submit written comments to the Attorney General explaining why you believe the information should be released. Comments should be sent to:
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, TX 78711-2548
512-463-2100
Open Government -
File a Complaint: If you believe a governmental body has violated the TPIA, you can file a complaint with the Attorney General's Office. Complaints can be submitted online through the Open Government Complaint Filing System.
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Seek Judicial Review: You may file a lawsuit against the governmental body in district court. The lawsuit must be filed in:
- The county where the governmental body's main office is located, or
- Travis County if the governmental body is a state agency
The deadline for filing a lawsuit is generally within 30 calendar days after receiving the governmental body's written refusal or within 30 calendar days after the request is deemed to have been denied by operation of law.
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Request Mediation: The Office of the Attorney General offers voluntary mediation services to resolve disputes between requestors and governmental bodies. To request mediation, contact:
Office of the Attorney General
Open Records Mediation Program
P.O. Box 12548
Austin, TX 78711-2548
512-475-4413
When appealing a denial, it's important to document all communications with the governmental body, including dates of requests, responses received, and any reasons given for denial.
Difference Between Federal and Texas Public Records
Federal and Texas public records laws have distinct differences in scope, procedures, and exceptions:
Governing Laws:
- Federal: Freedom of Information Act (FOIA), 5 U.S.C. § 552
- Texas: Texas Public Information Act (TPIA), Texas Government Code Chapter 552
Covered Entities:
- Federal: Federal agencies and departments
- Texas: State agencies, local governments, school districts, and other governmental bodies in Texas
Response Timeframes:
- Federal: 20 business days to respond, with possible 10-day extension
- Texas: "Promptly" with 10 business days to seek an Attorney General opinion if denying access
Appeal Process:
- Federal: Administrative appeal within the agency, then federal court
- Texas: Attorney General opinion process, then state district court
Exemptions/Exceptions:
- Federal: Nine specific exemptions under FOIA
- Texas: More numerous exceptions under TPIA, many tailored to Texas-specific concerns
Fee Structures:
- Federal: Fees based on requestor category (commercial, educational, news media, other)
- Texas: Uniform fee structure with specific charges for different types of reproduction
Records Availability:
- Federal: Access to federal agency records only
- Texas: Access to state and local government records in Texas
When seeking records, it's important to determine whether the information is held by a federal or state/local entity and apply the appropriate law. Some records may be available under both laws if maintained by both federal and Texas governmental bodies.