Texas State Senator Gutierrez sues Texas DPS for Uvalde shooting records

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Texas State Senator Roland Gutierrez, who represents Uvalde, accused the agency of unlawfully denying his open records request for documents about the May 24 school shooting at Robb Elementary that left 19 students and two teachers dead.

— The Texas State Senator representing the district that includes Uvalde filed a lawsuit against the Texas Department of Safety on June 22, 2022, accusing the agency of unlawfully denying an open records request.

Sen. Roland Gutierrez, a Democrat who represents District 19, said he first sent the open records request to DPS on May 31, 2022 asking for"several categories of information." District 19 includes parts of San Antonio, Del Rio, Eagle Pass, Uvalde, and Universal City. Democratic Texas state Senator Roland Gutierrez interrupts a press conference held by Texas Governor Greg Abbott in Uvalde, Texas, on May 27, 2022.According to Texas law, DPS had 10 business days to either respond to Sen. Gutierrez's request or ask the Texas Attoney General for an exception. Sen. Gutierrez said that the DPS has neither responded to his request nor asked the attorney general for a decision.

Records can only be excluded from public disclosure under certain circumstances. State bodies are legally required to to ask the attorney general for an opinion if they wish to withhold information. If they fail to do so in a reasonable amount of time,"the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.

Information can be withheld from the public in certain circumstances, including if the attorney general determines that the requested records include confidential information or that their release would interfere with"the detection, investigation, or prosecution of a crime.""In the wake of this massacre, the State of Texas has completely failed to provide the community of Uvalde with truthful answers.

 

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