TX Public Information Act Request

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

The 2017-2021 general manuals on the operating procedures/guidelines and policies within the Harris County Precinct 4 Constable's Office and the respective unit/divisions under the agency's command, Missing Persons Unit and Patrol Division that references :
- Interference with Child Custody, TX Pen. Code 25.03, a state jail felony.
- Kidnapping, TX Pen. Code 20.03, a felony
The laws are decades old, so I'm requesting a copy for my upcoming meeting with legislatures.

I want to kindly emphasize that my request does not interfere with detection, investigation or prosecution of a crime.
This formal request is not seeking information on active case per Government Code 552.101 and 552.108, merely requesting the policies and procedural documents.

The requested records will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage. Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public. I therefore request a waiver of all fees and charges pursuant to Section 552.267 of the act.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Egalitarian Network

To: Hon. Ken Paxton, Attorney General
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, Texas 7 87 ll-2548

To the Hon. Ken Paxton, Attorney General
CC: Open Records Division

On 11/9/21, Harris County Precinct 4 Constable's Office was sent a Request for Records by postal mail.
The mailed request [Sec. 552.234(a.2)] was for Harris County Precinct 4 Constable's Office 2017-2021 general manuals on the operating procedures/guidelines and policies within the Harris County Precinct 4 Constable's Office and the respective unit/divisions under the agency's command, Missing Persons Unit and Patrol Division that references :
- Interference with Child Custody, TX Pen. Code 25.03, a state jail felony.
- Kidnapping, TX Pen. Code 20.03, a felony
According to the Texas Government Code, a written request for information by delivering the request by U.S. mail, electronic mail, hand delivery, or any appropriate method approved by the governmental body to the public information officer or the officer’s designee. See Gov’t Code § 552.234(a).

A copy of the written request from the member of the public seeking access to the records lets the attorney general know what information was requested, permits the attorney general to determine whether the governmental body met its statutory deadlines in requesting a decision, and enables the attorney general to inform the requestor of the ruling. See Gov’t Code § 552.306(b); Open Records Decision No. 150 (1977).
On 11/22/21, Harris County Precinct 4 Constable's Office was sent a follow up on the Texas Public Information Act request that included a copy of the original request submitted on 11/9/21 stating, “Please let me know when I can expect to receive a response.”.

According to the attached print out from Harris County Precinct 4 Constable's Office Records & Public Information website, it states in part " All requests for records must be submitted to our office in writing. That can be done by completing the below form, by visiting our office in person, via fax or U.S. mail. ". Harris County Precinct 4 Constable's Office non-response does not meet the requirements mandated and directly violates Texas Government Code Section 552.234 .
The Act designates the chief administrative officer and each elected county officer as the officer for public information for a governmental body. In general, the officer for public information must protect public information and promptly make it available to the public for copying or inspecting. Section 552.221 specifies the duties of the officer for public information upon receiving a request for public information.
Under Texas Gov’t Code § 552.228(a), it states in part "If a copy of public information is requested, a governmental body must provide “a suitable copy within a reasonable time after the date on which the copy is requested".
It is established that a governmental body should consult with the Open Records Division of the Office of the Attorney General prior to the ten-business day deadline to determine whether requested information is subject to a previous determination. See Open Records Decision No. 435 at 2–3 (1986) (attorney general has broad discretion to determine whether information is subject to previous determination).

A request for an open records decision pursuant to section 552.301 must come from the governmental body that has received a written request for information. See Open Records Decision Nos. 542 at 3 (1990), 449 (1986). Otherwise, the attorney general does not have jurisdiction under the Act to determine whether the information is excepted from disclosure to the public.
Section 552.301, subsections (a) and (b), provides that when a governmental body receives a written request for information the governmental body wishes to withhold, it must seek an attorney general decision within ten business days of its receipt of the request and state the exceptions to disclosure that it believes are applicable.
Harris County Precinct 4 Constable's Office failed to make such a request to the Attorney General on or before 11/24/21 (10th business day).

Subsections 552.301(e) and (e-1) of the Government Code states:
(e) A governmental body that requests an attorney general decision under Subsection (a) must within a reasonable time but not later than the 15th business day after the date of receiving the written request.
(e-1) A governmental body that submits written comments to the attorney general under Subsection (e)(1)(A) shall send a copy of those comments to the person who requested the information from the governmental body not later than the 15th business day after the date of receiving the written request. If the written comments disclose or contain the substance of the information requested, the copy of the comments provided to the person must be a redacted copy.

Harris County Precinct 4 Constable's Office failed to make such a request to the Attorney General on or before 12/03/21 (15th business day).

Under Section 552.302 of the Government Code it provides, if a governmental body does not request an attorney general decision as provided by Section 552.301 and provide the requestor with the information required by Sections 552.301(d) and (e-1), the information requested in writing is presumed to be subject to required public disclosure and must be released.

This appeal request for the release of all requested records and a waiver of any and all fees associated with the 11/09/21 Texas PIA request submitted to Harris County Precinct 4 Constable's Office.