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Q: Exactly what information contained in an arrest report is public information? Where can I find a list of those things?
A: Let’s look at three places where you can find what you’re looking for. Here’s the first one. It takes three steps to get there. Open the TPA website, www.texaspress.com, and select LAW & MEDIA under the PUBLICATIONS tab. Next, click the FREEDOM OF INFORMATION link. And finally, click the PUBLIC INFORMATION ACT link.
Once you’re there, read down and find the following list:
- Name, age, address, race, sex, occupation, alias and physical condition of an arrested person;
- Date and time of the arrest;
- Offense charged and the court in which it is filed;
- Details of an arrest;
- Booking information;
- Notation of any release or transfer;
- Bonding information;
- Location of the crime;
- Identification and description of the complainant;
- Premises involved;
- Time of the occurrence of the crime;
- Property involved;
- Vehicles involved, if any;
- Description of the weather;
- Detailed description of the offense; and
- Names of the arresting and investigating officers.
Second, for the sake of redundancy (desirable in the fact-checking world) check the website of the Reporters Committee for Freedom of the Press (www.rcfp.org) for comparable data. Under the Reading Room tab, find OPEN GOVERNMENT GUIDE and click the TEXAS link. An outline will pop up. Scroll down to paragraph K, Police Records. Then find no. 5, Arrest Records, and click.
Third, go to the website of Texas’ chief law enforcement officer, Attorney General Greg Abbott, www.oag.state.tx.us. Select the OPEN GOVERNMENT tab and click PUBLICATIONS. Click 2010 PUBLIC INFORMATION HANDBOOK PDF. Using the page scroller, go to pages 112 and 113. There you will find the list of public information that “ordinarily appears on the first page of an offense report.” This is exactly what you were looking for.
Q: I have a string of questions about alcoholic beverage advertisements and I will need to quote the sources of authoritative answers to my questions. Does TPA have a resource I can use?
A: Yes. Open the link below, and then click the TABC link at the bottom. You’ll get solid answers to frequently asked questions.
http://www.tabc.state.tx.us/faq/marketing_practices.asp
Q: Because of their status with the Internal Revenue Service, non-profit corporations get tax breaks. And just to make sure non-profits are doing what they’re supposed to be doing to deserve those tax breaks, the public is entitled to some information about them, right? So, what documents of theirs are public information?
A: Answers are found in Chapter 22, Non-Profit Corporations, under the state Business Organizations Code. Under Subchapter H, Records and Reports, see Sec. 22.352, Financial Records and Annual Reports.
It says: "(a) A corporation shall maintain current and accurate financial records with complete entries as to each financial transaction of the corporation, including income and expenditures, in accordance with generally accepted accounting principles.
(b) Based on the records maintained under Subsection (a), the board of directors of the corporation shall annually prepare or approve a financial report for the corporation for the preceding year. The report must conform to accounting standards as adopted by the American Institute of Certified Public Accountants and must include:
(1) a statement of support, revenue, and expenses;
(2) a statement of changes in fund balances;
(3) a statement of functional expenses; and
(4) a balance sheet for each fund."
Now, let’s look at Sec. 22.353, AVAILABILITY OF FINANCIAL INFORMATION FOR PUBLIC INSPECTION.
It says: "(a) A corporation shall keep records, books, and annual reports of the corporation's financial activity at the corporation's registered or principal office in this state for at least three years after the close of the fiscal year.
(b) The corporation shall make the records, books, and reports available to the public for inspection and copying at the corporation's registered or principal office during regular business hours. The corporation may charge a reasonable fee for preparing a copy of a record or report."
And now, let’s look at the penalty for not doing the above:
Sec. 22.354. FAILURE TO MAINTAIN FINANCIAL RECORD OR PREPARE ANNUAL REPORT; OFFENSE.
(a) A corporation commits an offense if the corporation fails to maintain a financial record, prepare an annual report, or make the record or report available to the public in the manner required by Section 22.353.
(b) An offense under this section is a Class B misdemeanor.
However, as you’ve probably guessed, there are exceptions. Please note them, as follows:
Sec. 22.355. EXEMPTIONS FROM CERTAIN REQUIREMENTS RELATING TO FINANCIAL RECORDS AND ANNUAL REPORTS.
Sections 22.352, 22.353, and 22.354 do not apply to:
(1) a corporation that solicits funds only from members of the corporation;
(2) a corporation that does not intend to solicit and receive and does not actually raise or receive during a fiscal year contributions in an amount exceeding $10,000 from a source other than its own membership;
(3) a private or independent institution of higher education described by Section 61.003, Education Code, accredited by a recognized accrediting agency as defined by Section 61.003, Education Code, a postsecondary educational institution authorized to grant degrees under a certificate of authority issued by the Texas Higher Education Coordinating Board or a foundation chartered for the benefit of the institution or any component part of the institution, a career school or college that has received a certificate of approval from the Texas Workforce Commission, a public institution of higher education or a foundation chartered for the benefit of the institution or any component part of the institution, or an elementary or secondary school;
(4) a religious institution that is a church, an ecclesiastical or denominational organization, or another established physical place for worship at which religious services are the primary activity and are regularly conducted;
(5) a trade association or professional society the income of which is principally derived from membership dues and assessments, sales, or services;
(6) an insurer licensed and regulated by the Texas Department of Insurance; or
(7) an alumni association of a public or private institution of higher education in this state that is recognized and acknowledged as the official alumni association by the institution. |
