Open Records in Texas

Social media and digital content is governed by the Texas Public Information Act (previously known as the Texas Open Records Act. It was updated by Senate Bill 1368 to explicitly address electronic communications as well.

 

How Texas Defines a Public Record
The Texas Public Information Act “applies to all governmental bodies, including all boards, commissions and committees created by the executive or legislative branch. It also may apply to a body that is supported by public funds or that spends public funds. Private organizations that hold records for governmental bodies also are covered. However, private individuals and businesses are not covered even though they supply goods or services through a government contract.”

When it comes to the types of information that the act covers, it states that:

“It may be on paper or film or in electronic communications such as emails, Internet postings, text messages or instant messages.”

Similar to the United States Freedom of Information Act, a public record request can be made by asking a government agency in writing for the desired information. The request can be made through a letter, email, or fax.

 

Social Media Guidance Documents
The Texas Department of Information Resources (DIR) has released a social media resource guide. When it comes to records retention of social media content, the guide states that:

“Content posted by the agency or the public on an agency’s social media website is a state record (Government Code, Section 441.180(11)), and is subject to State Records Retention requirements in Government Code Chapter 441, Subchapter L,441.180-205.”

It also argues that:

“An agency may be prohibited from deleting social media records, regardless of its established records retention policy, if the record is the subject of legal claims or actions (Government Code, Section 441.187). In addition, state and federal courts require the preservation of relevant records if a judicial or administrative action is reasonably foreseeable, even if such action is not yet initiated.”

Start Archiving for Open Records & FOIA Compliance

Speak to an Expert
Schedule a Demo
Schedule a Demo

Have more questions?

Contact us at +1-888-916-3999 or [email protected]

1-888-916-3999
[email protected]

Head Office:
#500-311 Water Street
Vancouver, BC V6B 1B8
Canada

Europe Office:
Van Leeuwenhoekpark 1 - Office 5
2611 DW, Delft
The Netherlands

UK Office:
+44 20 3744 7173

Australia Office:
+61 (07) 3186 2199

Subscribe to our Blog

Get targeted Industry news, great tips and valuable insights

© 2023 Pagefreezer Software Inc. All Rights Reserved. Privacy Policy and Acceptable Use Policy. Commercial use and distribution of the contents of this website is not allowed without express and prior written consent of Pagefreezer Software Inc. subject to existing copyright exceptions and limitations.