Open Records Request Guide

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One of the first steps in your Open Records Request (ORR) or Public Information Act (PIA) request is to understand what the law also requires you to do as the requestor. Thus, you should familiarize yourself with Chapter 552 of the Texas Government Code. 

In Texas, a government agency or organization may have a website created to receive and process ORRs and even a whole staff to handle them. But, they are not required to have a web site by law to receive ORRs. 

Nonetheless, the law works in your favor as the taxpayer (most of the time). If the organization you are submitting an ORR to, doesn't have the personnel, budget, and logistical capabilities to maintain a website to receive and process ORRs, or they simply choose not to, you can still submit an email to their designated ORR representative. This is usually a more senior person, but not always. You may need to call to find out, or they may have a designated email address for ORRs listed somewhere on their website. 

A comparative example, is the City of San Antonio (CoSA) maintains an entire website where you have to register to create an account, etc. 

Alternatively, the San Antonio Housing Trust requires you to simply send an email to its Executive Director, Pedro Alanis (pedroalanis@saht.org).

A good summary of considerations for Chapter 552 is listed on the Secretary of the State of Texas website here. 

An ORR requestor should also understand that the government has 10 business days to respond back to you. That response might express "No records found." Or they could generate a 10-day letter to you, stating they are appealing to the Texas Attorney General's office to withhold information their local attorney's assess is exempt from your request. 

Then the Texas Attorney General's office will make a ruling in 45 business days back to the agency with a directive. 

You should also understand that the law also specifies that the responsible agency or government office may requirement payment from you, depending on the man-hours required to research and compile your ORR.

Fret not! If you believe you're simply being bullied and that government agency is simply "making it expensive" to place ORRs as a tactic to dissuade you from doing so, you can also file a complaint yourself to the Texas Attorney General's office. 

Remember, as started in other parts of this website, you can always assume good intentions by the government agency or organization and their attorneys as it pertains to ORRs. But, experience will teach your otherwise. And also remember, you must make a sweeping and culling request of their communications, or otherwise not find what you are looking for, in order to preserve your Texas communities!

Here's a good example that went to Pedro Alanis, the San Antonio Housing Trust Executive Director via simple email to him:

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Pedro,

In accordance with Texas Code 552, this email to you is to request the following:

All emails, email attachments, text messages, text message attachments, voice mails, screenshots, paper records, Sharepoint records, spreadsheets, password protected attachments and files, Microsoft Teams records, Microsoft Planner records, Slack records, Airtable records, and Leidos IQ aka Leidos Intranet Quorum records, social media messages (Twitter, Facebook, Instagram, TikTok, etc.) and encrypted messages to include but not limited to Signal and WhatsApp, etc., that were sent to and/or received by Catherine Hernandez from/to Pedro Alanis. Time frame for this request is January 1, 2023 to December 20, 2024. I do not wish to limit the scope of the request in any way.

Per Texas Code 552, you and/or the San Antonio Housing Trust have 10 business days to comply with my request. 

Thank you.

Sincerely,

First Name Last Name

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Here's another; however, submitted to the Texas Bond Review Board related to an Affordable Housing project and its developer that required some finessing and haggling back and forth:

Ms. Backiel,

Thank you for the examples.

After our phone call, the Open Records Request (ORR) requirement can be narrowed down to the following:
A) Timeframe: 1 July 2015 to present date on below requirements. 
B) All correspondence, including email communications, including attachments, that are TO, FROM, CC, BCC, Robert Latsha and pertain to Pedcor Investments or Pedcor-affiliated or owned LLCs or Public Facility Corporations (PFC) for Affordable Housing projects. This correspondence and communications should include text messages, WhatsApp, Signal Chat, GroupMe, MS Teams calls and attachments, etc.

C) Pertaining to Pedcor Investments or Pedcor-affiliated or owned LLCs or PFCs for Affordable Housing projects, any documents where Robert Latsha voted, processed, judged, influenced, or otherwise handled:

1. Application for Allocation of Private Activity Bonds (Application Filing Documents)
2. Certificate of Reservation
3. 35-Day Filing Documents
4. Closing Filing Documents
5. Certificate of Allocation

I am aware that Pedcor Investments forms LLCs or PFCs with organizations like the San Antonio Housing Trust (SAHT) or San Antonio's Opportunity Home (formerly known as SAHA: San Antonio Housing Authority), and then purchases properties for Affordable Housing projects in the names of those LLCs or PFCs. This should be documented and available in Texas Bond Review board documents. 

Please let me know if you need further clarification on this ORR.    

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.....more to come.