Open Records Decision No. 261
November 26, 1980

	Re:  Whether an acknowledgment by the Board of Directors of a state-chartered 
bank that they have received a report of examination of their bank is public under the 
Open Records Act

Mr. Archie Clayton
General Counsel
Department of Banking
2601 North Lamar
Austin, Texas  78705

Dear Mr. Clayton:

	You have requested our opinion as to whether a form acknowledgment by the 
Board of Directors of a state-chartered bank is available to the public under the Open 
Records Act, article 6252-17a, V.T.C.S.

	You state that, when the Department of Banking forwards its Report of 
Examination to a state-chartered bank, it includes for return a form acknowledgment 
indicating that the bank's directors have received and reviewed the report.  When special 
comments have been included as part of the report, the following sentence is stamped 
across the face of the acknowledgment letter:  “Each of the undersigned has read or 
caused to be read the letter of transmittal attached hereto.”  Thus, the presence or absence 
of the language stamped across the acknowledgment letter indicates, to some extent, the 
kind of conclusions reached by the Department of Banking in its examination.

	Section 3(a)(12) of the Open Records Act excepts from disclosure:

information contained in or related to examination, operating, or 
condition reports prepared by, on behalf of, or for the use of an 
agency responsible for the regulation or supervision of financial 
institutions, and/or securities, as that term is defined in the Texas 
Securities Act.

In our opinion, the presence or absence of the stamped language constitutes “information 
contained in or related to examination . . . reports prepared by . . . an agency responsible 
for the regulation or supervision of financial institutions.”  We conclude therefore that 
the form acknowledgment letter is excepted from disclosure under section 3(a)(12) of the 
Open Records Act.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Acting Chairman
Jon Bible
Catherine Fryer
Rick Gilpin
Bruce Youngblood