Open Records Decision No. 381
May 20, 1983

	Re:  Whether records of the Metropolitan Transit Authority of Harris County are 
available under the Open Records Act

Mr. Jonathan Day
Mayor, Day and Caldwell
P. O. Box 4544
Houston, Texas  77210

Dear Mr. Day:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether records of the Metropolitan Transit Authority of Harris County 
[hereinafter Metro] are available to the public.

	On November 1, 1982, the Board of Directors of Metro invited bids for transit 
vehicle procurement.  On January 12, 1983, the board received a request for copies of 
bids submitted by a corporation to which the contract was subsequently awarded, subject 
to compliance with certain conditions.  Portions of the successful bid were made 
available to the requestor.  On February 23, 1983, however, one of the unsuccessful 
bidders filed suit to enjoin Metro from entering into the contract.  See Alsthom Atlantic, 
Inc. v. Metropolitan Transit Authority, Cause No. 83-13461, 281st Judicial District 
Court, Harris County.  You contend that those portions of the bid which have not 
previously been released are excepted from disclosure under section 3(a)(3) of the Open 
Records Act, as “information relating to litigation.”

	The information at issue here is clearly relevant to the pending litigation.  See 
Open Records Decision Nos. 323 (1982); 282 (1981).  As attorney for Metro, you have 
determined that it should be withheld from disclosure at this time.  We have examined 
these materials and have concluded that this determination is reasonable.  Accordingly, it 
is our decision that the records of Metro which are the subject of this request are 
excepted from disclosure at this time by section 3(a)(3) of the Open Records Act, as 
“information relating to litigation.”  See Open Records Decision Nos. 299, 282, 266 
(1981).

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
Jon Bible
Rick Gilpin
Jim Moellinger
Nancy Sutton