Open Records/Public Information
Texas Public Information Act (PDF)/ Ley De Informacion Publica (PDF)
Procedures for Requests to University of the Incarnate Word Police Department
Introduction
Under the Texas Education Code 51.212(f) and in reference to the Texas Government Code 552, “a university police department of a private institution of higher education is a law enforcement agency and a governmental body for purposes of Chapter 552, Government Code, only with respect to information relating solely to law enforcement activities.” Public Information as set out in the Texas Education Code 51.212(f) and in reference to the Texas Government Code 552, is public unless it is confidential by law or falls within an exception to Government Code 552.
Public Information Request Procedures
In responding to requests for public information as permitted by Texas Education Code 51.212(f), the University of the Incarnate Word is committed to treating all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media Moreover, the University of Incarnate Word will provide the post the appropriate notice informing the public of their basic rights and responsibilities under the Texas Public Information Act.
The university has a duty to respond to any written requests for public information, including those that are made through email or by fax. However, state law provides that the university can designate a person that is authorized to receive email or faxed requests for public information. If the university makes such a designation, the Texas Public Information Act is only activated if the request is directed to the assigned individual. Pursuant to Section 552.301(c), Government Code, the Custodian of Records has been designated by the officer for public information to receive all electronic mail requests for public information. The university is not responsible for responding to electronic mail and fax requests sent to any electronic mail address other than the email address for the University of the Incarnate Word Chief of Police as the Custodian of Records cited below.
Custodian of Records: University of the Incarnate Word Chief of Police
Where to send your requests
U.S. Mail Delivery
University of the Incarnate Word Chief of Police
4301 Broadway CPO #21
San Antonio, Texas 78209
Hand-Delivery
University of the Incarnate Word Chief of Police
Clement Hall, 1st floor, Room 100
For fax delivery
(210) 664-4389
By e-mail
What your request should include
Requests for public information under the Texas Education Code 51.212 (f) and in reference to the Texas Government Code 552, must be in writing. Including the following information in your request will help ensure that you receive the information you want:
- your name and mailing address (so we can send you a response);
- your phone number (so we can contact you if we have questions about how to respond to your request); and
- a list or description of the specific information you are interested in, including time periods. Try to be as specific as possible about the information you are seeking.
Sample of a Written Request for Information
Under the Texas Education Code 51.212 subsection (f) and in reference to the Texas Government Code 552, I request access copies of ____________ [Include the name of the document or the type of information. You may also request the information in a particular format (for example: a paper copy or digital format)]. Please provide the information to me at __________________________.
Cost and Billing Information
- Charges for copies of public information are set by the Texas Office of the Attorney General. In general, if the number of copies in your request is 50 pages or less, the charge will be $0.10 per page plus the cost of postage (or other delivery method, at your request). If the number of copies is more than 50 pages, the charge will be $0.10 per page plus personnel costs necessary to compile the documents, in addition to the postage.
- If the charge for fulfilling your requests exceeds $40.00, we will provide you with an itemized written estimate of the charges and indicate if a less costly alternative is available. You must respond in writing within 10 days after the estimate is sent that you will accept the costs, or that you desire any stated alternative, or your request will be considered withdrawn.
- If the estimated charge is more than $100.00, the University will generally require a prepaid deposit or bond before providing the information. Also, if you have an unpaid balance of more than $100.00 relating to previous requests, a prepaid deposit or bond will be required.
Confidential/Protected Information
Some of the information maintained by UIWPD may contain information that is confidential/protected or not covered Under the Texas Education Code 51.212 subsection (f) and in reference to the Texas Government Code 552, such as the following:
- Student information/records;
- Medical information/records;
- Driver's license and motor vehicle information;
- Attorney-client communications;
- Attorney work product;
- Documents made confidential by statute;
- Documents claimed to be proprietary by a third party (trade secret information).
If you want copies of confidential/protected information listed above, it will be necessary for UIWPD to request an opinion from the Office of the Attorney General about this information. The information will not be available for review until after the Attorney General makes a decision about whether the information is to be made available. The Attorney General's office has at least 45 business days to make a decision on whether the information may be released.
If part of the information you requested is considered public information, then you will receive copies of the information, even if a request for an Attorney General's open records opinion is necessary regarding the confidential/protected information. If public information and confidential/protected information are both included in a single document, the document will be provided to you. However, the information believed to be confidential/protected will be redacted (marked out) while the request for an Attorney General's opinion is pending.
If you are not seeking access to confidential/protected information, you may simply state in your request that you do not want any information that is not considered public information by the Office of the Attorney General. If you indicate that you are only seeking information that the Office of the Attorney General considers public information, then it will not be necessary for UIWPD to make a request for an opinion.