Open Records Decision No. 299
December 23, 1981

	Re:  Whether survey reports and complaints relating to state school are available 
under the Open Records Act

Mr. James A. Adkins
Acting Commissioner
Texas Department of Mental Health
     and Mental Retardation
P. O. Box 12668
Austin, Texas  78711

Dear Mr. Adkins:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the availability of survey reports and complaints relating to the Fort 
Worth State School.  Like the information at issue in Open Records Decision No. 282 
(1981), the reports and complaints here are the subject of presently pending litigation, 
Wells v. Killough, cause no. TY-80-110-CA, filed in the United States District Court for 
the Eastern District of Texas.

	Both the attorney for the department and the assistant attorney general who 
represent the department have determined that the reports and complaints should be 
withheld from disclosure under section 3(a)(3).  We believe that this determination is 
reasonable.  We have examined the materials and have determined them to be relevant to 
the litigation.  The reports and complaints, therefore, are excepted from disclosure at this 
time by section 3(a)(3) of the Open Records Act, as “information relating to litigation.”  
Open Records Decision Nos. 282, 270, 266 (1981); 141, 135 (1976).

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