(a) Request for records. A person seeking records under Government Code, Chapter 552, Public Information, must submit a request in writing to the department. The department will accept only a written request that is delivered to the officer for public information or a person designated by that officer and that is made using one of the following methods:

(1) United States mail to any district or division office;

(2) hand delivery to any district or division office;

(3) electronic mail to TxDOT_ORR@txdot.gov; or

(4) electronic submission through the open records portal on the department's Internet website, located at http://www.txdot.gov.

(b) Production of records. Except as provided in subsections (d), (e), and (f) of this section, the department will provide copies or promptly produce official department records for inspection, duplication, or both. If the requested information is unavailable for inspection at the time of the request because it is in active use or otherwise not readily available, the department will certify this fact in writing within 10 business days after the date the information is requested to the applicant and specify a date within a reasonable time when the record will be available for inspection or duplication.

(c) Examination of information.

(1) A person requesting to examine official records in the offices of the department must complete the examination without disrupting the normal operations of the department and not later than the 10th day after the date the records are made available to the person. Upon written request, the department will extend the examination period by increments of 10 days, not to exceed a total of 30 days.

(2) The inspection of records may be interrupted by the department if the records are needed for use by the department. The period of interruption will not be charged against the requestor's 10-day period to examine the records.

(3) A person may not remove an original copy of an official department record from the offices of the department.

(d) Request for opinion. If the department considers that requested records fall within an exception under the Government Code, and that the records should be withheld, the department will ask for a decision from the attorney general about whether the records are within that exception if there has not been a previous determination about whether the records fall within one of the exceptions. The request for a decision from the attorney general will be made by the 10th business day after the date of receiving the written request.

(e) Certified records. In accordance with Transportation Code, §201.501, the following officials shall serve as the executive director's authorized representatives for the purpose of certifying official department records.

(1) The department's chief clerk to the commission or assistant chief clerk may certify commission minute orders. The executive director may delegate certification authority to other officials to assure sufficient availability of authorized certifying officials.

(2) Other official records of the department may be certified by the district engineer, division director, or other department official having official custody of the records. A district engineer or division director may delegate certification authority to other officials to assure sufficient availability of authorized certifying officials.

(f) Correction of Information. An individual may request the correction of information about that individual in the following manner:

(1) A request to correct information may be submitted in writing or through the department's Internet site, located at http://www.txdot.gov. The request must be directed to the district engineer or division director of the district or division responsible for the information.

(2) The request must include the individual's name, address, and telephone number.

(3) The request must identify the record to be corrected with as much specificity as reasonably possible. The department will not process requests that do not identify particular records.

(4) This subsection applies only to a request to correct information that relates directly to an individual, including the individual's name, address, telephone number, and similar information.

(5) The department may contact the individual or take other steps as necessary to obtain additional information with regard to the record to be corrected, the nature of the correction to be made, the reasons that the current information maintained by the department is incorrect, or other relevant matters.

(6) The district engineer or division director responsible for the information will determine if the current information maintained by the department is incorrect. (A) If the current information maintained by the department is determined to be incorrect, the department's records will be corrected. The district engineer or division director responsible for the information will determine the manner in which the correction will be made. (B) If the current information maintained by the department is determined to be correct, the request for correction will be noted in connection with the relevant record. (C) The department may refuse to alter records that were correct at the time they were first prepared, but are no longer correct. If the department refuses to alter a record that was correct at the time it was first prepared, but is no longer correct, the request for correction will be noted in connection with the relevant record.

(7) This subsection does not authorize the cancellation, issuance, or alteration of any official record, including a title, a license, or a permit. Application for a new official record must be made in the manner required by law.

Source Note: The provisions of this §3.12 adopted to be effective September 26, 1996, 21 TexReg 8955; amended to be effective October 20, 1997, 22 TexReg 10155; amended to be effective June 21, 1998, 23 TexReg 6254; amended to be effective July 23, 2000, 25 TexReg 6802; amended to be effective October 21, 2001, 26 TexReg 8194; amended to be effective November 18, 2004, 29 TexReg 10582; amended to be effective May 20, 2010, 35 TexReg 3851; amended to be effective March 21, 2013, 38 TexReg 1877; amended to be effective February 20, 2014, 39 TexReg 998; amended to be effective June 17, 2020, 45 TexReg 4057