Erosion Through Exceptions: Understanding Why the Texas Public Information Act Has Weakened and the Changes Required to Let the Sun Shine Again

Over the years, the Texas Public Information Act has been eroded through a suite of statutory changes and controversial court decisions.”

Key points:

• The Texas Public Information Act (TPIA) sets out an aspirational framework, but the law falls short of its ideal in practice.
• The TPIA fails to meet expectations, in large part, because of a plethora of mandatory and permissive exceptions.
• Under current law, there are at least 75 exceptions that enable governmental entities to withhold public information and keep secrets.
• The 89th Texas Legislature should reduce and reform TPIA exceptions to restore the principle that government is the servant and not the master of the people.