The Texas Comptroller of Public Accounts’ ability to accurately distinguish confidential and non-confidential payments is critical in making payment information promptly available to the public. State agencies and institutions of higher education must ensure that confidential transactions are properly marked to protect payee confidentiality as stipulated by USAS and CAPPS Confidentiality Indicator (FPP E.045).
Under state law, it is the responsibility of the agency or institution submitting a transaction to determine the confidentiality of the transaction. Transactions are legally considered public unless specifically excluded by the Public Information Act. When an agency or institution marks a transaction confidential, they should be prepared to cite the law or attorney general opinion that excludes the payment from public disclosure.