Does Your City File a Tier Two Chemical Report with the

Texas Department of State Health Services?

If your city files a Tier Two chemical report with the Texas Department of State Health Services (DSHS), you should be aware that DSHS has received an open records request for: (1) compliance inspection reports for facilities inspected on or after September 1, 2013; and (2) related annual Tier Two reports for those facilities.

These reports may contain information about the location, quantity, and identity of dangerous chemicals.  DSHS has submitted a brief to the attorney general arguing that information contained in the reports is confidential and should be withheld from public disclosure.  DSHS has also sent a letter to affected facilities advising that they may submit a brief to the attorney general explaining why the information in their reports should not be disclosed to the public. 

If your city wants to submit arguments to the attorney general regarding why the information contained in your reports should not be released to the public, you need to consult with your local legal counsel as soon as possible.  Arguments must be submitted to the attorney general not later than the tenth business day after the date you received the letter from DSHS

A copy of the letter submitted by DSHS to the attorney general is available at  http://www.tml.org/p/DSHSletter050914.pdf.  

A copy of the letter sent by DSHS to affected facilities is available at http://www.tml.org/p/tiertwoletter050914.pdf.

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

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