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Public Information Act Policy & Requests
North Texas Tollway Authority
The Public Information Act
The Public Information Act ("Act") — Texas Government Code, Chapter 552 — gives you the right to access public records of the North Texas Tollway Authority ("NTTA"). NTTA's officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. NTTA will promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought.
Rights of Requestors
All people who request public information have the right to:
• Receive treatment equal to all other requestors.
• Receive a statement of estimated charges in advance.
• Choose whether to inspect the requested information, receive a copy of the information, or both.
• Be notified when NTTA asks the Office of the Attorney General (OAG) for a ruling on whether the information may or must be withheld and receive a copy of NTTA's written comments.
• Lodge a complaint with the OAG regarding any improper charges for responding to a public information request.
• Lodge a complaint with the OAG Hotline or the county attorney or criminal district attorney regarding any alleged violation of the Act.
Responsibilities of Requestors
All people who request public information have the responsibility to:
• Submit a written request according to NTTA's procedures.
• Include enough description and detail of the requested information so that NTTA can accurately identify and locate the requested items.
• Cooperate with the NTTA’s reasonable requests to clarify the type or amount of information requested. A public information request is considered withdrawn if the requestor does not respond in writing to NTTA's written request for clarification or additional information within 61 calendar days.
• Respond promptly in writing to all written communications from NTTA (including any written estimate of charges).
• Make a timely payment for all valid charges.
• Keep all appointments for inspection of records or for pick up of copies.
Rights of Governmental Bodies
In responding to information requests, NTTA has the right to:
• Establish reasonable procedures for inspecting or copying information.
• Request and receive clarification of vague or overly broad requests.
• Request an OAG ruling regarding whether any information may or must be withheld.
• Receive timely payment for all copy charges or other charges.
• Obtain payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests from the same requestor.
• Request a bond, prepayment, or deposit if estimated costs exceed $100.00.
Responsibilities of NTTA
In responding to information requests, NTTA has the responsibility to:
• Treat all requestors equally.
• Be informed about open records laws and educate employees on the requirements of those laws.
• Inform the requestor of cost estimates and any changes in the estimates.
• Confirm that the requestor agrees to pay the costs before incurring the costs.
• Promptly provide requested information that is not confidential or for which NTTA does not seek a ruling on disclosure from the OAG.
• Inform the requestor if the information will not be provided within 10 business days and give an estimated date on which it will be provided.
• Cooperate with the requestor to schedule reasonable times for inspecting or copying information.
• Follow OAG regulations on charges; not overcharge on any items; not bill for items that must be provided without charge.
• Inform third parties if their proprietary information is being requested from NTTA, and NTTA in good faith reasonably believes the requested information to be within an exception to disclosure.
• Inform the requestor when the OAG has been asked to rule on whether information may or must be withheld and provide a copy of NTTA's written comments to the requestor.
• Comply with any OAG ruling on whether an exception applies, or file suit against the OAG within 30 days.
• Respond in writing to all written communications from the OAG regarding complaints about violations of the Act.
Procedures to Obtain Information
1) The information request:
a) Submit a request by mail, fax, email, or in person to the NTTA contact identified below.
b) Include enough description and detail about the information requested to enable NTTA to accurately identify and locate the information requested.
c) Cooperate with NTTA's reasonable efforts to clarify the type or amount of information requested.
2) Information to be released:
a) You may review it promptly, and if it cannot be produced within 10 business days, you will be notified in writing of the reasonable date and time when it will be available.
b) Keep all appointments to inspect records and to pick up copies. Failure to keep appointments may result in losing the opportunity to inspect the information at the time requested.
3) Cost of records:
a) You must respond to any written estimate of charges for copies of requested information within 10 business days of the date NTTA sent it or the request is considered automatically withdrawn. For requests requiring NTTA to program or manipulate data, you must respond to NTTA's cost estimate within 30 calendar days of the date NTTA sent it or the request is considered automatically withdrawn.
b) If estimated costs to provide copies of requested information exceed $100.00, NTTA may require a bond or deposit.
c) Certain requests may qualify for a waiver or reduction of charges after NTTA has determined the cost to provide the requested information.
d) Make a timely payment for all mutually agreed charges. Before processing a new request for information from you, NTTA may require a deposit or bond for payment of unpaid amounts on prior requests exceeding $100.00.
e) For purposes of NTTA's requesting a ruling on disclosure (see below), your information request is considered to be received on the date NTTA receives any required deposit or bond for anticipated costs or unpaid amounts. Failure to pay any required deposit or bond within 10 business days after NTTA sends you notice of such deposit or bond will result in your information request being automatically withdrawn.
4) Information that may be withheld because of an exception to disclosure:
a) By the 10th business day after the later of NTTA's receiving your written request or any required deposit or bond, NTTA must:
i) request a ruling on disclosure from the OAG and state which exceptions apply;
ii) notify the requestor of the referral to the OAG; and
iii) notify third parties if the request involves their proprietary information.
b) Failure to request a ruling from the OAG and to notify the requestor within 10 business days of receipt of the written request for information will result in a presumption that the information is open unless there is a compelling reason to withhold it.
c) Requestors shall receive a copy of NTTA's written comments to the OAG. If the comments disclose the requested information for which a ruling is sought, the requestor will be provided a redacted copy. Requestors may send a letter to the OAG arguing for release of the requested information.
d) The OAG must issue a decision no later than the 45th business day from the day after the OAG received the request for a decision. The OAG may extend the time for issuing a decision by an additional 10 business days.
e) NTTA may not ask the OAG to reconsider a ruling, but NTTA may challenge the OAG's ruling in court within 30 calendar days of receiving it.
Before submitting a request for information/open records request, please note that if you only have questions or need information about your TollTag or ZipCash account, please contact Customer Service at the following:
By Phone:
972-818-6882 (NTTA)
By E-mail:
customerservice@ntta.org
Otherwise, to submit a request for information/open records request from NTTA, please address your request to the appropriate department and individual at NTTA, as designated by NTTA's Officer for Public Information under the Act:
Public Information Requests:
Contact: Bob Schell, Assistant General Counsel
In person: 5900 W. Plano Parkway, Suite 100, Plano, TX 75093
By mail: Legal Department, P.O. Box 260729, Plano, TX 75026
By fax: (972) 930-3332
By e-mail: piaofficer@ntta.org
For Media Inquiries Only:
Contact: Susan Slupecki, Media Relations Manager
In person: Communications Dept., 5900 W. Plano Parkway, Suite 100, Plano, TX 75093
By mail: Communications Dept. P.O. Box 260729, Plano, TX 75026
By fax: (972) 930-2998
By e-mail: sslupecki@ntta.org
Please note that, to be considered a written request subject to the Act, an e-mailed or faxed information request must be sent to the NTTA contact as indicated above.
For complaints regarding failure to release public information, please contact the OAG, Open Records Hotline, at 512-478-6736 or toll-free at 1-877-673-6839. You may also contact your county or district attorney.
For complaints regarding overcharges, please contact the OAG, Cost Rules Administrator, Open Records Division, at 512-475-2497.
If you need special accommodation pursuant to the Americans with Disabilities Act (ADA), please contact NTTA's ADA Coordinator, Nina Arias, at (214) 461-2000. NTTA TDD number is (800) 735-2989 or by e-mail at ADA@ntta.org.
For more information regarding the Public Information Act and other open government laws, please visit the OAG's Web site at: http://www.oag.state.tx.us/opinopen/opengovt.shtml. |