Open Records Decision No. 355
December 31, 1982

	Re:  Availability under the Open Records Act of complaints received by Dallas 
Environmental Health and Conservation Department

Mr. Edward H. Perry
Assistant City Attorney
City Hall
Dallas, Texas  75201

Dear Mr. Perry:

	The Environmental Health and Conservation Department of the city of Dallas 
enforces local and state requirements pertaining to air pollution.  Enforcement options 
available to the department include criminal prosecution for violations of city ordinances, 
regulations, or the Texas Penal Code.  Violations of city ordinances constitute Class C 
misdemeanors.

	The Air Pollution section of the department has received a request from the 
president of a particular corporation for records of all complaints concerning his 
company that were made to that section between July 1980 and July 1981.  Your letter to 
this office indicates that you regard the nature of the complaints as public information.  
You contend, however, that the names, addresses, or any other information that would 
tend to reveal the identity of complainants may be withheld from public disclosure.  You 
seek our decision under the Open Records Act, article 6252-17a, V.T.C.S., as to whether 
this information may be protected.  You base your claim upon section 3(a)(1) -- 
specifically, the informer's privilege -- and section 3(a)(8) of the act.

	We recently dealt with an Open Records Act request which, in all material 
respects, was identical to yours.  In Open Records Decision No. 279 (1981), we 
determined that the identity of a person who reports a zoning ordinance violation to a city 
is excepted from disclosure as information deemed confidential by the informer's 
privilege.  There, as here, violators of the ordinance were guilty of criminal offenses -- 
specifically, Class C misdemeanors.

	Based on Open Records Decision No. 279, we conclude that you may withhold 
the names, addresses, and other information tending to identify the complainants in 
question.

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 Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Walter Davis
Rick Gilpin
Jim Moellinger