As a concerned citizen, investigative journalist, or competitive sleuth, you may want to file an open records request Can I Request Government Records Anonymously? records without revealing your identity to the government agency. With some limited exceptions, a government agency may not refuse to respond to an open records request or refuse to provide information in response to the request because the requester wishes to remain anonymous.
According to the Texas Public Information Act,
“It is the policy of this state that every person has a right… to be fully informed of the affairs of government and of the official acts of public officers and employees.” [1] A request for public information must be submitted to a government agency in writing, but may be made in a variety of ways:
any other suitable method,
approved by the public agency, including facsimile and electronic submission through the agency’s website. [2] Each public agency is required to “post a conspicuous sign” informing applicants how they may submit a request for public information. [3] Most public agencies provide information on their websites about how requesters may submit requests for public information.
The requester does not need to install
their identity to a public authority to obtain information under the TPIA. In addition, the TPIA prohibits a public authority from inquiring into the requester’s reasons or motives for requesting information.
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According to the Texas Attorney General,
“The identity of the requester is generally not a factor to be considered when a public body receives a public information request.” A public body generally cannot refuse to respond to a public information request or refuse to provide information in response to a request because the requester wishes to remain anonymous.
There are three scenarios in which a government agency may require an applicant to provide “proper identification.”
First, if the information requested pertains to motor vehicle records, the requester must identify him/herself so that the government agency can determine whether the requester is authorized to obtain the telephone number information.[4] The Texas Vehicle Code generally prohibits the disclosure of motor vehicle records unless the requester is the subject of the records.[5]
Secondly, if the requesting party is looking for
an interior photograph taken by an appraisal district for property tax assessment purposes, the requesting party must identify itself so that the government agency can determine whether the requesting party is entitled to receive the photograph(s).[6] Generally, such photographs may be provided only to the requesting party who had title to the improvements to the property shown in the photograph on the date the photograph was taken.[7]
Third, a public body is not required to comply with a request for information from a prisoner or his agent, except the prisoner’s attorney, even if the information requested concerns the prisoner.[8]
TPIA requires governments to
agencies to “promptly produce public information” upon request. [9] If they fail to do so, the requesting party may file a formal complaint with the Texas Attorney General. The requesting party also has certain civil remedies under the TPIA, including the right to sue for a court order compelling the agency to produce the requested information. A “substantially preponderant” plaintiff is entitled to recover its attorney’s fees. For more information, see our blog post: The Government Won’t Give Me Public Information. What Can I Do?
Source: 2022 Direct-to-Consumer Wine Shipping Report by Sovos ShipCompliant and Wines Vines Analytics.
Wineries located in and outside of Texas may directly ship wine to consumers 21 years of age or older anywhere in the state. Wholesalers, distributors, non-U.S. wineries, and retailers are not permitted to directly ship wine to consumers in Texas. Any wine shipped to, from, or through Texas must be transported by a public carrier that is licensed by the Texas Alcoholic Beverage Commission (TABC). A winery located in Texas must have a winemaking permit (a “G” permit) from TABC to directly ship wine to consumers in Texas. [1] A winery may ship wine to consumers even if they live in a “dry” area of the state where the sale of alcoholic beverages is prohibited.
The winery must enter into an agreement
contract with a transport company that has a carrier permit (category “C” permit) from TABC to deliver the order to the consumer.
A winery may ship no more than 9 gallons of wine in a calendar month or 36 gallons in any 12-month period to the same consumer. A case of 12 bottles of wine typically contains 2.378 gallons, so each consumer is limited to approximately 36 bottles per month or 180 bottles per year.
The person accepting delivery of wine may be: (1) the person who purchased the wine; (2) another person designated in advance by the purchaser; or (3) any person 21 years of age or older who presents valid identification and personally signs a receipt confirming delivery of the package.
Out of State Wineries
A winery located outside of Texas requires an Out-of-State Winery Direct Shipper’s Permit (DS permit) from TABC to directly ship wine to Texas consumers. A winery located outside of Texas may ship wine to consumers even if they live in a “dry” area of the state where the sale of alcoholic beverages is prohibited.[2]Selling or shipping alcohol from outside of Texas to a Texas end consumer without a DS permit is a felony.[3]
To obtain DS approval from TABC, you must:
not be licensed to conduct wine. business (“G”) in Texas;
operate a winery in the United States that has all necessary state and federal permits to operate the business, including a federal basic wine and blending permit.
Have a Texas sales tax permit from the Texas Comptroller of Public Accounts;
expressly submit to the personal jurisdiction of the Texas state and federal courts;
agree that Travis County, Texas, will be the proper venue in the event any litigation is instituted by or against TABC; and
not have a direct or indirect financial interest in a Texas wholesaler or retailer, as those terms are defined in Section 102.01 of the Texas Alcoholic Beverage Code.