By TOM WILLIAMS
Haynes and Boone L.L.P. Fort Worth
In a decision issued on Feb. 19, the Supreme Court of Texas by a 6-2 vote held that when a governmental body makes a “good faith” request for clarification of a Public Information Act request, its 10 business day deadline to request an attorney general’s opinion does not even begin to run until the requestor provides the clarification.
Order 07-0931 reverses the long standing interpretation of the Texas Attorney General’s Office that a request for clarification tolls the running of the 10 day period for the time in which the governmental body is awaiting the clarification, but does not cause it to begin anew.
The facts of the case City of Dallas v. Abbott illustrate how this can play out: Four business days after receiving the initial request, the city asked the requestor to clarify it. The requestor responded three business days later. The city then requested an attorney general opinion nine business days after receiving the clarification. The attorney general concluded that the opinion request was late, because it was sent 13 business days after receipt (the four days after receipt but before requesting clarification plus the nine days after clarification, but not counting the three days the clarification request was pending).
The supreme court held that the 10 business day deadline did not begin to run until the city received the clarification, and therefore the request for an attorney general opinion was timely because it was made nine business days after the clarification.
In light of this case, those making PIA requests need to be alert to requests for clarification, and respond to them as quickly as possible.
Also, requestors should note that the supreme court ruling presumes the clarification was requested in “good faith,” and the court said that “a governmental entity should not be allowed to use requests for clarification in bad faith merely to delay production of public information.”
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