Open Records Decision No. 265
March 17, 1981

	Re:  Whether information submitted to Gulf Coast Waste Disposal Authority by 
corporation requesting bond issuance is available under the Open Records Act

Honorable L. Jack Davis
General Manager
Gulf Coast Waste Disposal Authority
910 Bay Area Boulevard
Houston, Texas  77058

Dear Mr. Davis:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether information regarding the site of a waste treatment facility is 
available to the public.

	You state that on October 9, 1980, Big Chief Environmental Services, Inc. 
(hereinafter “Big Chief”), submitted to the Gulf Coast Waste Disposal Authority a 
proposal to erect a waste treatment plant within the boundaries of the authority.  Big 
Chief requested that the authority provide pollution control facilities at the plant, and, for 
that purpose, the authority, on October 16, 1980, adopted a resolution authorizing the 
issuance of pollution control bonds.  At present, Big Chief is negotiating for the purchase 
of the proposed site.  A competitor of Big Chief's has requested a copy of the resolution.  
Big Chief has expressed concern that disclosure of the location of its proposed plant will 
compromise its negotiations.  You suggest that the information is excepted from 
disclosure by sections 3(a)(1), 3(a)(4) and 3(a)(10) of the Open Records Act.

	In our opinion, information relating to the site of the proposed plant is excepted 
from disclosure by section 3(a)(5), as:

information pertaining to the location of real or personal property 
for public purposes prior to public announcement of the project, and 
information pertaining to appraisals or purchase price of real or 
personal property for public purposes prior to the formal award of 
contracts therefor.

The resolution approving the issuance of bonds provides, in pertinent part:

WHEREAS, in order to promote the public purposes of the 
Authority, the Authority proposes to acquire, purchase, improve, or 
to complete the acquisition, purchase, or improvement of the 
Facilities, and to sell the Facilities to the Company. . . .

	We believe it is clear that the location of the proposed plant constitutes 
“information pertaining to the location of real or personal property for public purposes.”  
As we said in Open Records Decision No. 222 (1979):

[t]his exception is clearly designed to protect a governmental body 
in its planning and negotiating position in regard to particular 
transactions. . . .

Section 3(a)(5) remains applicable so long as a site has not been purchased.  When the 
purchase has been completed, information regarding the site must be disclosed.  Open 
Records Decision No. 234 (1980).  Since it does not appear that Big Chief objects to 
disclosure of any portion of the resolution except that pertaining to the location of the 
plant, the entire resolution should be made available when the purchase has been 
completed.

	It is our decision that a resolution of the Gulf Coast Waste Disposal Authority 
which reveals the proposed location of a waste treatment plant is excepted from 
disclosure by section 3(a)(5) of the Open Records Act until purchase of the site has been 
completed.

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, Chairman
Jon Bible
Rick Gilpin