The Central Texas Regional Mobility Authority (CTRMA) is facing criticism from transparency experts for refusing to release the public comments regarding its plan to widen Austin’s MoPac Expressway.
According to a report highlighted by the Freedom of Information Foundation of Texas (FOIFT) on April 27, 2026, the local highway entity argues that these comments are “confidential by law” while the project remains under deliberation.
The CTRMA claims that public input regarding the MoPac expansion falls under protected “interagency” communications, a legal exception typically reserved for internal government discussions.
Legal experts and open-government advocates contend that this interpretation misapplies the Texas Public Information Act and prevents citizens from reviewing the collective feedback submitted by their peers. The dispute centers on whether the public’s own input can be classified as private deliberative material during an ongoing planning process.
The controversy began after the Austin Free Press attempted to access comments submitted by residents concerning the proposed highway widening. The CTRMA denied the request, asserting that the records are exempt from disclosure under the deliberative process privilege. This privilege is intended to allow government officials to debate policy options internally before reaching a final decision, but FOIFT board members state that applying it to public feedback is unprecedented.
Joe Larsen, an attorney and FOIFT board member, described the agency’s legal stance as “absurd” and noted that he had never seen the interagency communication exception used to shield public comments. Larsen further stated that withholding this information “cuts against the very idea of public involvement,” as it prevents the community from understanding the breadth of opposition or support for the MoPac project.
John Bridges, another FOIFT board member, also criticized the move, suggesting the stance pushes government secrecy to “Orwellian extremes”.
The Texas Public Information Act (TPIA) generally presumes that government records are open to the public unless a specific exception applies. Under Section 552.111 of the Texas Government Code, agencies can withhold “interagency or intra-agency” memorandums or letters that would not be available by law to a party in litigation with the agency. However, according to the Texas Attorney General’s Public Information Handbook, this exception is primarily meant to protect advice, opinion, and recommendation used in the decision-making process, rather than factual data or external communications from the public.
While the CTRMA maintains its legal position, transparency advocates warn that the outcome of this dispute could set a precedent for how other local agencies handle public input on infrastructure projects.