Open Records
As part of the City of Kress Transparency and Texas Public Information Act all residents are welcome to request information available to the public, some exceptions exist. The City is required to withhold certain types of information by statute and information that is confidential by law. The Texas Public Information Act does not require the City of Kress to create new information, to do legal research, or to answer questions.
In preparing a request, please read: Texas Public Information Act Handbook PDF
In Texas, under the Texas Public Information Act (PIA) (Texas Government Code, Chapter 552), governmental bodies are not required to compile or create new documents or information to respond to a public records request if the requested information does not already exist. The PIA specifically mandates that requests must be for existing records or information. Here are the key points:
• No Obligation to Create New Documents: A governmental body is not required to generate new information, compile data, or create a document that does not already exist to fulfill a public information request. The request must pertain to records or information already in existence at the time of the request.
• No Requirement to Answer Questions or Perform Research: The PIA does not obligate agencies to answer questions, perform legal research, or produce new analyses in response to a request. The focus is on providing access to existing records.
• Scope of the Request: Requestors should provide a detailed description of the existing records they seek, as agencies may seek clarification if the request is vague or could result in a large volume of documents. If the requested information does not exist in the form requested, the agency is not required to create it.
• Exceptions and Limitations: If the requested information is confidential or exempt under the PIA or other laws, the governmental body may withhold it, but it must request a ruling from the Office of the Attorney General if it believes an exception applies, unless a prior ruling covers the same information.
• Practical Implications: Agencies may charge for costs associated with locating, compiling, and reproducing existing records, but these charges are regulated by the Office of the Attorney General. If no responsive records exist, the agency will typically notify the requestor that no documents meet the request criteria.
For example, if a requestor asks for a report summarizing data that the agency has not already compiled, the agency is not obligated to create such a report. However, if the raw data exists in agency records, the agency must provide access to those records, subject to any applicable exemptions.
If you need further assistance with a specific public information request, you can contact the Office of the Attorney General’s Open Government Hotline at (512) 478-6736 or toll-free at 1-877-673-6839, or refer to the agency’s public information officer for guidance.
The City of Kress shall promptly produce public information in response to an open records request. Promptly means the city may take a reasonable amount of time to produce the information, but may not delay (Gov’t Code 552.221(a); see Open Records Decision No. 467 at 6 - 1987). It is a common misconception that a governmental body may wait ten business days before releasing the information. In fact, as discussed above, the requirement is to produce information “promptly.” What constitutes a reasonable amount of time depends on the facts in each case. The volume of information requested is highly relevant to what constitutes a reasonable period of time (Open Records Decision No. 467 at 6 (1987).
All request must be written or typed, the City's preferred method is to bring the request to city hall in person. Please provide a detailed description of the information you are requesting and include your name and address, phone number, dated and signed.
In Person request:
City Hall
308 Skipworth Ave.
Kress, TX 79052City Hall office Hours:
Monday 8am - 12pm Tuesday 1pm - 5pm Wednesday 8am - 12pm Thursday 1pm - 5pm Friday 8am - 12pm Saturday Closed Sunday Closed City Hall closes on the following observed Holidays
- January - New Years Day
- March - Good Friday
- May - Memorial Day
- July - Indpendance Day
- September - Labor Day
- November - Thanksgiving
- December - Christmas
*Hours may change due to unforseen circumstances.