Open Records Decision No. 413
May 9, 1984

	Re:  Whether a sketch showing prison security measures for a future execution is 
available to the public under the Open Records Act

Mr. D.V. McKaskle
Acting Director
Texas Department of Corrections
P.O. Box 99
Huntsville, Texas  77340

Dear Mr. McKaskle:

	A newspaper reporter has asked you to release

a sketch showing security measures (pedestrian and vehicle 
barricades) the Texas Department of Corrections plans to put in 
place around the Huntsville prison unit during the next scheduled 
execution.

You claim that sections 3(a)(1) and 3(a)(8) of the Open Records Act, article 6252-17a, 
V.T.C.S., authorize you to deny this request.

	Section 3(a) of the Open Records Act provides that "information collected, 
assembled, or maintained by governmental bodies . . . in connection with the transaction 
of official business" is "public information."  In our opinion, the requested sketch is 
clearly within the scope of section 3(a).

	Section 3(a)(8) of the act excepts from required public disclosure

records of law enforcement agencies that deal with the detection and 
investigation of crime and the internal records and notations of such 
law enforcement agencies which are maintained for internal use in 
matters relating to law enforcement.

The Department of Corrections is a "law enforcement agency" within the meaning of this 
section.

	You contend that section 3(a)(8) is applicable in this instance because the sketch 
shows

the deployment of law enforcement officers, security personnel and 
pedestrian and vehicle barricades for the next execution [and this] is 
one of those valid interests protected by the law enforcement 
exemption.  During the last execution procedure, there were several 
crowd control incidents that taxed the ability of local law 
enforcement agencies to maintain order.  Publication of the 
requested information would place in the hands of those who might 
wish to create unrest a tool to neutralize the effectiveness of law 
enforcement agencies charged with the responsibility of maintaining 
order.

We agree.  The release of the requested sketch could seriously impair the ability of the 
Department of Corrections to maintain necessary order during the next scheduled 
execution.  Executions are inherently volatile events.  Effective crowd control is difficult 
enough even under the best of circumstances, and in our opinion such control would be 
made unreasonably difficult if a sketch showing planned security measures were 
released.  We therefore conclude that this sketch constitutes an internal record of a law 
enforcement agency which is maintained for internal use in a matter relating to law 
enforcement within the meaning of section 3(a)(8), and that it may therefore be withheld 
from public disclosure.

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Chairman
Jon Bible
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton