Open Records Decision No. 271
May 18, 1981

	Re:  Whether a boxer-promoter contract on file with the Texas Department of 
Labor and Standards is available to the public

Mr. Lias B. “Bubba” Steen
Texas Department of Labor and Standards
P. O. Box 12157
Austin, Texas  78711

Dear Mr. Steen:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a contract between a boxer and a promoter filed with the Texas 
Department of Labor and Standards is available to the public.

	Section 4 of article 8501-1, V.T.C.S., authorizes the commissioner of the 
Department of Labor and Standards, inter alia, to:

promulgate any and all reasonable rules and regulations which may 
be necessary for the purpose of enforcing the provisions of this Act.

Pursuant to such authority, the commissioner has promulgated the following regulations:

	(a)	Promoters shall be required to have written agreements of 
contract executed in triplicate with the boxers showing amount of 
guarantee or percentage promised, the number and time limit of 
rounds, when and where they are scheduled to appear, and all other 
details governing contracts and agreements.  Standard forms will be 
furnished by the Texas Department of Labor and Standards.

	(b)	The promoter shall furnish one copy of contract to the 
boxer or his manager, shall retain one copy, and forward one copy 
to the commissioner of labor and standards with tax report on the 
contests held.

16 T.A.C. §61.70

All payments of purse shall be made in cash immediately after the 
contest and not before the contest.  In the case of a percentage 
contract, payment shall be made as soon as the percentage can be 
determined.  If a boxer has a manager, separate payments will be 
made to the boxer and manager and the receipt signed and delivered 
to the department.  If the boxer has no manager legally entitled to 
represent him, the purse shall be paid in full to the contestant.

16 T.A.C. §61.68.

	This office has frequently held that financial information related to a business 
enterprise is not excepted from disclosure by section 3(a)(4) or 3(a)(10) of the Open 
Records Act unless there is a specific statute or judicial decision which renders such 
information confidential; unless disclosure would impair the government's ability to 
obtain the information in the future; or unless there is evidence of a specific harm that 
will result from disclosure.  Open Records Decision Nos. 173 (1977); 203 (1978); 246 
(1980).  We are aware of no statute or judicial decision which treats the earnings of a 
boxer on a particular match as confidential.  In addition, since copies of the contracts are 
required by regulation to be filed with the Department of Labor and Standards, and since 
this regulation is, in turn, authorized by article 8501-1, disclosure will not impair the 
department's ability to obtain the information in the future.  Furthermore, there has been 
no suggestion that any specific harm might result from disclosure of these documents.  
Indeed, this office has said that financial information considerably more detailed than 
that at issue here is not excepted from disclosure.  Open Records Decision Nos. 246 
(1980); 201 (1978).

	It is our decision that a boxer-promoter contract filed with the Department of 
Labor and Standards is not excepted from disclosure under any provision 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, Chairman
Jon Bible
Walter Davis
Rick Gilpin
Jim Moellinger