Open Records Decision No. 295
December 17, 1981

	Re:  Whether draft plan concerning Matagorda Island is available to the public 
under the Open Records Act

Mr. Charles D. Travis
Executive Director
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas  78744

Dear Mr. Travis:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a draft plan concerning Matagorda Island is available to the 
public.  The report, entitled “Matagorda Island Preliminary Conceptual Plan,” was 
prepared by the Division of Special Studies and System Planning of the Texas Parks and 
Wildlife Department and was transmitted to the executive director of the department on 
August 3, 1981.  The plan has not at this time been submitted to the Parks and Wildlife 
Commission.  You suggest that it is excepted from disclosure under section 3(a)(11) of 
the Open Records Act, as:

inter-agency or intra-agency memorandums or letters which would 
not be available by law to a party other than one in litigation with 
the agency.

	Section 3(a)(11) is applicable to the extent that information in the report or 
memorandum consists of the advice, opinions and recommendations of employees or 
agents of the Parks and Wildlife Department.  Other information therein is not excepted 
by section 3(a)(11).  Attorney General Opinion H-436 (1976).  In this instance, however, 
the small amount of “factual” information contained in the report is incidental to and so 
intertwined with the opinions and recommendations that we do not believe it is 
reasonably severable.  See Open Records Decision No. 174 (1977); see also Open 
Records Decision No. 110 (1975).  In our opinion, the entire draft plan is excepted from 
public disclosure by section 3(a)(11) 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
Bruce Youngblood