Open Records Decision No. 304
January 18, 1982

	Re:  Whether documents related to lawsuit by El Paso Public Service Board 
against New Mexico are public information

Mr. Philip T. Cole
Attorney for the Public Service
      Board of the City of El Paso
1011 North Mesa Street
El Paso, Texas  79902

Dear Mr. Cole:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether documents related to a lawsuit by the El Paso Public Service 
Board against the State of New Mexico constitute public information.  The requestor first 
sought production of “all documents related to the current dispute between El Paso and 
New Mexico over water rights which are a matter of public record.”  In reply to this 
request, you indicated that compliance with this request was not feasible because it was 
too broad to enable you to determine which records were being sought.  You invited the 
requestor “to identify with particularity documents which he wished to examine,” but 
state that he has not done so.

	In Open Records Decision No. 23 (1974), this office said:

A request made under the Act must sufficiently identify the 
information requested and an agency may ask for a clarification if it 
cannot reasonably understand a particular request.

In our opinion, it was proper for you to require the requestor to identify the particular 
kind of document he sought.  See Open Records Decision No. 31 (1974).

	The requestor also sought the production of the “originals of all the bills for 
attorneys fees” submitted by counsel representing El Paso, “working papers or research 
material,” and “all other accounts, vouchers, or contracts dealing with the receipt or 
expenditure of public or other funds by government bodies in regard to the above 
mentioned matter.”  You state that you have complied with the last part of this request, 
but have declined to furnish the original itemized bills for attorneys fees as well as the 
working papers and research material related to the litigation.

	As to the originals of the bills for attorneys fees, we believe it is clear that they 
are excepted from disclosure under section 3(a)(1) of the Open Records Act, as 
“information made confidential by law.”  In Open Records Decision No. 210 (1978), this 
office said that correspondence between an agency and its attorney is excepted from 
disclosure under section 3(a)(1) “by virtue of the attorney-client privilege.”  See also, 
Open Records Decision No. 200 (1978).  Furthermore, the working papers and research 
material prepared by the attorneys for the city of El Paso in preparation for this litigation 
are also excepted by section 3(a)(1), since Rule 167 of the Texas Rules of Civil 
Procedure excepts from discovery research and notes:

made subsequent to the occurrence or transaction upon which the 
suit is based, and made in connection with the prosecution, 
investigation or defense of such claim or the circumstances out of 
which the same has arisen.

See Hickman v. Taylor, 329 U.S. 495, 510-11 (1974).  We conclude that both the 
original bills for attorneys fees and the working papers of the city's attorneys are 
excepted from disclosure by section 3(a)(1) of the act.  In view of this determination, we 
need not address the applicability of section 3(a)(3) or any other exception, but we note 
that the purpose of section 3(a)(3) is to except precisely the kind of information related to 
pending litigation which is at issue here.

	You also ask that we determine whether a governmental body may require that a 
request for information under the Open Records Act be made in writing.  Section 7a of 
the act provides, in pertinent part:

. . . the governmental body within a reasonable time, no later than 
ten days, after receiving a written request must request a decision 
from the attorney general to determine whether the information is 
within that exception.  (Emphasis added).

In our view, the statute does not require any governmental body to produce information 
in the absence of a written request.

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