Open Records Decision No. 235
March 6, 1980

	Re:  Whether the identity and membership of an employing unit is disclosable 
under the Texas Open Records Act.

Mr. Ernie W. Tullis
Administrator
Texas Employment Commission
Austin, Texas  78778

Dear Mr. Tullis:

	You have requested our opinion whether information obtained under the authority 
of the Texas Unemployment Compensation Act, article 5221b, V.T.C.S., relating to the 
identity of a named employing unit and the partners in such employing unit is disclosable 
by your agency under the Texas Open Records Act, article 6252-17a, V.T.C.S.

	Section 3(a) of article 6252-17a provides that

	All information collected, assembled, or maintained by 
governmental bodies pursuant to law or ordinance or in connection 
with the transaction of official business is public information and 
available to the public during normal business hours of any 
governmental body, . . .

	The Act then sets out 17 specific exceptions to the above stated policy, and 
further provides in section 3(b) that “[t]his section does not authorize withholding of 
information or limit the availability of records to the public, except as specifically stated 
in this section. . . .”

	Unless the information in question is protected from disclosure by one or more of 
the listed specific exceptions set out in the statute, it is by definition disclosable “public 
information.”

	You have suggested that this information might be excepted from required 
disclosure under section 3(a)(1) of the Open Records Act as information deemed 
confidential by law by virtue of article 5221b-9, V.T.C.S.  It provides in part:

	(e)	Records and Reports:  Each employing unit shall keep true 
and accurate employment records, containing such information as 
the Commission may prescribe and which is deemed necessary to 
the proper administration of this Act.  Such records shall be open to 
inspection and subject to being copied by the Commission or its 
authorized representatives at any reasonable time and as often as 
may be necessary.  The Commission may require from any 
employing unit any sworn or unsworn reports, with respect to 
persons employed by it, which the Commission deems necessary for 
the effective administration of this Act.  Information thus obtained 
or otherwise secured shall not be published or be open to public 
inspection (other than to public employees in the performance of 
their public duties) except as the Commission may deem necessary 
for the proper administration of this Act. . . .

	We do not believe that documents reflecting ownership of a business are 
employment records within the meaning of section 9(e).  See Attorney General Opinion 
H-404 (1974).

	We find no exception which specifically protects from disclosure information 
relating to the identity of a named employing unit and the partners in such employing 
unit.  Thus, information obtained under the authority of the Texas Unemployment 
Compensation Act, article 5221b, V.T.C.S., relating to the identity of a named 
employing unit and the partners in such employing unit is required to be disclosed under 
the Texas Open Records Act, article 6252-17a, V.T.C.S.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Ted L. Hartley
Executive Assistant Attorney General

Prepared by Bob Gammage
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

C. Robert Heath, Chairman
Bob Gammage
Susan Garrison
Rick Gilpin
Bruce Youngblood