Open Records Decision No. 512
November 15, 1988

	Re:  Whether Section 4A of the Texas Open Records Act, article 6252-17a, 
V.T.C.S., authorizes a governmental body to refuse release information to requestors 
who make repeated requests for the same information.  (RQ-1519)

Mr. James R. Lindley
American Educational Complex System
General Counsel
U.S. Highway 190 West
Killeen, Texas  76542

Dear Mr. Lindley:

	The American Educational Complex System has received repeated requests under 
the Texas Open Records Act, article 6252-17a, V.T.C.S., for the minutes and supporting 
documents for certain board meetings.  You ask whether section 4A of the act authorizes 
the system to deny repeated requests for the same data by the same party.  Section 4A 
must be considered in the context of the overall scheme of access to public information 
established by the Open Records Act.

	Section 4 of the Open Records Act deals generally with physical access to 
original public records.  As a general rule, section 4 gives requestors the option to take 
notes from original documents or to pay for copies of public records, or both.  Open 
Records Decision No. 152 (1977); see also Open Records Decision No. 38 (1974).  On 
the other hand, if giving actual physical access would reveal confidential information, the 
option must be denied.  Industrial Foundation of the South v. Texas Industrial Accident 
Board, 540 S.W.2d 668, 687 (Tex. 1976), cert. denied 430 U.S. 931 (1977); Attorney 
General Opinion JM-672 (1987).

	Section 4A, added by the 70th Legislature in 1987, also deals with physical 
access to original public records.  Section 4A provides:

	(a)	A person requesting public information must complete the 
examination of the information within 10 days after the date the 
custodian of the information makes it available to the person.

	(b)	The custodian shall extend the initial examination period 
by an additional 10 days if, within the initial period, the person 
requesting the information files with the custodian a written request 
for additional time.  The custodian shall extend an additional 
examination period by another 10 days if, within the additional 
period, the person requesting the information files with the 
custodian a written request for more additional time.

	(c)	The time during which a person may examine information 
may be interrupted by the custodian if the information is needed for 
use by the governmental body.  The period of interruption is not 
considered to be a part of the time during which the person may 
examine the information.

	You contend that the legislature intended this provision to prevent members of 
the public from making repeated requests for copies of the same information.  Section 4A 
does not, however, address providing copies of public records.  It deals only with 
providing physical access to original records.

	This construction is supported by the language of subsection (c) of section 4A.  
Subsection (c) provides, in part, that "time during which a person may examine 
information may be interrupted by the custodian if the information is needed for use by 
the governmental body."  See also V.T.C.S. art. 6252-17a, § 4 (must certify fact that 
information is in immediate active use when request is denied on that basis).  This 
language and the reference to completing "the examination of the information" both 
indicate that section 4A limits the time period during which a member of the public may 
physically inspect public records.  Section 4A does not authorize the system to deny the 
request at issue.  This decision does not address the issue of harassment through repeated 
requests or the issue of when a governmental body may be deemed to have complied 
with a particular request.

	The information at issue, the minutes of public meetings, must be released.  The 
notes, minutes, and tape recordings of public meetings are public records.  See Open 
Records Decision Nos. 225 (1979); 121 (1976); 32 (1974); see also V.T.C.S. art. 
6252-17, § 3B.  The "supporting documents" may be withheld only if one of the act's 
specific exceptions protects them.

SUMMARY

	Section 4A of the Texas Open Records Act, article 6252-17a, 
V.T.C.S., limits the time period during which a member of the 
public may physically inspect public records.  Section 4A does not 
authorize governmental bodies to deny repeated requests for copies 
of public records.

Very truly yours,

Jim Mattox
Attorney General of Texas

Mary Keller
First Assistant Attorney General

Lou McCreary
Executive Assistant Attorney General

Judge Zollie Steakley
Special Assistant Attorney General

Rick Gilpin
Chairman, Opinion Committee

Jennifer S. Riggs
Chief, Open Government Section
of the Opinion Committee

Prepared by Jennifer S. Riggs
Assistant Attorney General