Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 101 - TOBACCO
Section 101.10 - Public Information
Universal Citation: 25 TX Admin Code ยง 101.10
Current through Reg. 49, No. 38; September 20, 2024
(a) Information included in an annual report filed under this chapter is public information and is not confidential unless it is determined to be confidential under Texas Health and Safety Code § 161.354.
(b) Before releasing any information, the department shall:
(1) submit the information
to the attorney general with a request that the attorney general make the
determinations called for under Texas Health and Safety Code §
161.354(b) and
(d), and Texas Government Code §
552.110;
(2) submit the information to the attorney
general in accordance with procedures set out in the Texas Government Code,
Chapter 552, and the attorney general's Public Information Act
Handbook;
(3)
contemporaneous with each submission under this subsection, notify the person
who submitted the information so that person may exercise his or her rights
under Texas Government Code §
552.305;
and
(4) following an opinion from
the attorney general under this subsection, which would allow release of any
information, the submitter of the information shall be immediately notified,
and the department shall delay release for 30 days to allow:
(A) the department to make the determination
called for in Texas Health and Safety Code, §
161.354(c);
and
(B) the submitter of the
information opportunity to obtain judicial review of the attorney general's
opinion.
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