Open Records Decision No. 286
November 9, 1981

Re:  Availability under Open Records Act of records maintained by city fire marshal

Mr. Robert V. Shattuck, Jr.
City Attorney
P.O. Box 779
Galveston, Texas  77550

Dear Mr. Shattuck:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the availability of records maintained by the city fire marshal.

	In May, 1981, the city fire marshal of Galveston completed an investigation into a 
fire which had occurred on February 12, 1981.  The records at issue consist of the report 
of that investigation, dated May 22, 1981, an offense report detailing the original 
incident, together with a supplementary offense report, and a voluntary statement given 
by a witness.  You state that the matter is still under investigation by the fire marshal's 
office, and that no determination has been reached by the district attorney as to whether 
to initiate prosecution.  You contend that the records are excepted from disclosure by 
section 3(a)(8), as “records of law enforcement agencies that deal with the detection and 
investigation of crime . . . .”

	You indicate that certain basic information from the offense report has been made 
available to the requestor in accordance with the guidelines delineated in Open Records 
Decision No. 127 (1976).  Since the matter is still under investigation and since no 
decision about whether to prosecute has been made, other portions of the file may be 
withheld from disclosure under section 3(a)(8).  See Open Records Decision Nos. 252 
(1983); 216 (1978).

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