Open Records Decision No. 380
May 20, 1983

	Re:  Whether opinion prepared by Texas Association of School Board's attorney 
for a school district is open to the public under the Open Records Act

Mr. Frank Kudlaty, Ed.D.
Superintendent
Waco Independent School District
P. O. Box 27
Waco, Texas  76703

Dear Mr. Kudlaty:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a legal opinion prepared by an attorney for a school district is 
available to the public.

	You explain that the Waco Independent School District subscribes to a service 
provided by the Texas Association of School Boards under which attorneys for the 
association “furnish the district with legal opinions concerning problem areas involving 
school policy.”  By letter dated September 15, 1982, a staff attorney for the association 
advised you of “potential legal problems” which might arise from certain school district 
policies.  You suggest that the letter is excepted from disclosure under section 3(a)(1), as 
information deemed confidential by law, specifically, the attorney-client privilege.

	On several prior occasions, this office has recognized that correspondence 
between a governmental body and its attorneys is excepted by the attorney-client 
privilege.  Open Records Decision Nos. 304 (1982); 210 (1978).  The exception is 
applicable to any such correspondence which contains legal advice or opinion.  Open 
Records Decision No. 230 (1979).  Virtually all of the letter at issue here consists of legal 
advice.  In our opinion, the staff attorney of the Texas Association of School Boards is, 
for purposes of this communication, acting in the capacity of attorney for the Waco 
Independent School District.  As a result, the district is entitled to claim the attorney-
client privilege with respect to the legal advice and opinion contained in the letter.  We 
conclude that the letter may be withheld from disclosure under section 3(a)(1), as 
information made confidential by the attorney-client privilege.

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

Approved:
Opinion Committee

Susan L. Garrison, Chairman
Rick Gilpin
Jim Moellinger
Nancy Sutton