Greg Abbott Won’t Answer Whether Or Not Texas Association Of Appraisal Districts Should Be Subject To The Public Information Act
By Vince Leibowitz on Sep 22, 2008 in Featured, Texas Politics      
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In one of the most classic dodges ever by a Texas Attorney General when it comes to determining whether or not an entity is a “government body” for the purposes of the Texas Public Information Act, Attorney General Greg Abbott and his office have completely sidestepped the question and recommended that a lawmaker who made the inquiry instead go through the AG’s open records process.
State Rep. Beverly Wooley (R-Houston) sent Abbott’s office a request to determine whether or not the Texas Association of Appraisal Districts constitutes a “government body” for purposes of the Texas Public Information Act back in March.
The Texas Association of Appraisal Districts is, of course, supported by public funds, but not directly. It, like the Texas Association of Counties and Texas Municipal League, charges membership fees for the government entities that belong. In short, the vast majority of its income comes from public funds.
Abbott’s office, however, punted, and gave a non-answer:
Whether an entity is a “governmental body” under the Public Information Act, chapter 552 of the Government Code, depends largely upon whether that entity is supported in whole or in part by public funds. The extent to which an entity is supported by public funds requires an analysis of the facts surrounding each entity. Inquiries as to whether a particular entity is a governmental body are particularly appropriate to the Attorney General’s open records process under the Public Information Act.
The answer is clear, and neither Wooley nor any citizen of Texas should be required to go through the open records process to make this determination. In fact, an AG’s opinion request shouldn’t have even been required. The Texas Association of Counties and Texas Municipal League are both subject to the Texas Public Information Act. I know, because I’ve requested and received public information from both before. The same should be true of the Texas Association of Appraisal Districts.
That Abbott’s office refuses to answer, and instead wants to delay the inevitable by instructing Wooley to essentially file an open records request and see what happens is a blow to sunshine laws in Texas.
Abbott knows the answer because the precedent is clear: the association is supported by tax money. The government bodies fund the appraisal districts, and the appraisal districts then in turn fund this association. It should be an easy connection to make. However, Abbott refuses to make the connection.
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[...] at Capitol Annex notes that Texas Attorney General Greg Abbott has refused to answer whether or not the Texas Association of App… and discusses why that was a really stupid [...]