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Are Bexar County Records Public?
Yes. Bexar County records refer to documentary materials created or maintained by a public agency or private entity supported by public funds in Bexar County, Texas. In accordance with the Texas Public Information Act (the state’s Open Records Act), codified in the Texas Government Code, Chapter 552, governmental records are public information and are open to any interested party to access and copy at will. Requesters need not provide reasons for their requests, and public information officers are required to respond promptly to public records requests.
The Texas Public Information Act (PIA) also mandates that record custodians:
- Establish and furnish requestors with reasonable procedural guidelines for inspecting or copying public information
- Treat all requesters equally
- Inform requesters if a record cannot be provided promptly and set a reasonable date by which the information will be provided; otherwise, inform them if the state's public access provisions do not apply to the specific information or case records being sought
Common public records are highlighted below:
- Bexar County court records (per the Texas judiciary's open records policy)
- Birth and death records
- Marriage and divorce records
- Real estate documents
- Trademarks
- School and road minutes
Public information may be recorded in various forms such as paper, letter, email, book, film, photograph, tape, and other materials.
What is Exempted Under the Texas Public Records Act?
In Texas, the government is considered answerable to citizenry and expected to conduct its business transparently while remaining accountable to the public by ensuring that its affairs are documented and accessible to any concerned member of the public.
Nevertheless, certain government records are exempted from public disclosure for several reasons, including national security and individual privacy. The following are examples of records excluded from public disclosure in Texas:
- Protected health information, as defined by Chapter 181 of the Health and Safety Code
- Dates of births of living persons
- Driver’s license numbers
- License plate numbers
- Investigations on child abuse
- Juvenile offender records
- Insurance policy numbers
- Credit card numbers
Note: Subjects of records and their authorized representatives have special right of access to confidential records that relate to them. Parties bearing a court order may also access confidential records.
Bexar County Public Record Search
Requesters can obtain Bexar County public records following these steps:
Determine the Record Custodian
Since several government agencies are responsible for maintaining public records, requesters must determine the type of records sought and the corresponding record custodian for a successful search. Agencies are often custodians of the records they create or receive. For example, the Bexar County Sheriff’s Office maintains law enforcement records while real property documents are in the custody of the Bexar County Clerk. Consequently, a record request to the wrong office may complicate the search process and lead to a denial of access.
Submit the Request
Texas public records laws requires record requests to be made in writing and delivered to the appropriate agency by US mail, electronic mail, hand delivery, or any other method prescribed by the record custodian, such as facsimile transmission and electronic submission through the agency’s website. For in-person inquiries, interested parties may visit the agency’s physical location during regular business hours.
When submitting a record request, requesters should note that:
- Requests should describe the sought-after records with reasonable specificity, including relevant details such as party names, case numbers, filing date range, etc., to aid the case search process and ensure prompt retrieval.
- Requesters should include their full names and contact information in case further communication is required.
- Requests should only be made for existing information or documents.
- It is advisable to contact the record custodian or visit the agency’s website, where available, for specific instructions on submitting public records requests.
It is worth noting that many Bexar agencies provide searchable databases online to retrieve public records and case documents. For example, the Bexar County Clerk’s Office manages a free online database that allows requesters to look up a wide range of public records, including land records, foreclosures, assumed names, and marriage documents. Individuals can also navigate to the clerk's public record searches page to find links to access the clerk's other official databases.
Below is a list of some other record custodians in Bexar, the records they hold, and their online search platforms:
- The Bexar County Tax Assessor-Collector’s Find Your Property Tax Account page for local property tax information.
- The Magistrate’s Office Search website for records of recently arrested persons
- The Bexar County Sheriff's Office Central Records Division for law enforcement records
- The Bexar County Courts Portal for local court records
Pay the Necessary Fees
The PIA allows record custodians to charge a reasonable amount that covers the cost of materials, overhead, labor, and other costs incurred in producing public information. If the pages of requested paper copies are less than 50, the agency should only charge for the cost of the copies, except for records kept in at least two separate buildings or a remote storage facility.
Generally, the allowable charges for copies are 10 cents per page for paper copies, $1 per CD, $3 per DVD, $15 per hour for labor, and 20% of the labor as overhead costs. Additional fees may also be charged if certified copies are requested. Requesters are often required to verify the cost of their request and send the payment along with the written request to the record custodian.
Follow Up
After sending a request, requesters should wait to receive a response from the record custodian, which should take no more than 10 business days. During this period, they may follow up on their request via phone or any other means, such as a request tracking platform. For example, the Bexar County Public Information Act Request Center allows registered users to check the status of their public records requests to the Bexar County government.
Find Public Records For Free in Bexar County
As discussed above, individuals who query Bexar public agencies for public records are expected to cover the costs of duplication or copying. However, per Section 552.271 of the Texas Government Code, no charges are imposed if the requester only wants to see or examine a record.
Parties can also access Bexar County public records using free searches on third-party aggregator websites. However, any information received from these websites should be authenticated as search results from these sites may be broad or limited while extensive information is reserved for registered users.
How to Remove Information From Public Records Free
Individuals can remove their information from public records only when such data is considered confidential by law or court order. When dealing with exempt information, the affected party can apply to the record custodian to have their private information restricted from the public. Government bodies can remove information from public view if it falls under the Attorney General's previous determinations or is identified as an exemption under the Texas PIA.
Besides personal information, criminal data can also be removed from public records in Bexar. In such cases, the requester must be eligible under Texas's expungement laws. Expungement petitions are handled within the court system.
Who Can Access Bexar County Public Records in Texas?
Under Section 552.001 of the Texas Government Code, "any person" can access Bexar County public records in Texas, regardless of where they reside or hold citizenship.
However, only persons with a direct interest in a matter (such as the subject of the record) or a party authorized by a court order can access exempt information or documents.
What Happens if I Am Refused a Public Records Request?
A Bexar County record custodian can refuse a public records request if the request pertains to a record that has been identified as exempt or nonpublic under a law or regulation. A request can also be denied if it was sent to the wrong custodian or did not specify the sought-after document.
Individuals who have a complaint relating to the failure to release public information can contact the local county or district attorney. Alternatively, they can contact the Office of the Attorney General's Open Government Hotline at (512) 478-6736 or file a written complaint online.
