Open Records Decision No. 446
October 29, 1986

	Re:  Whether information regarding a state-chartered credit union is excepted 
from disclosure under the Open Records Act, article 6252-17a, V.T.C.S.

Mr. John R. Hale
Commissioner
Texas Credit Union Department
914 East Anderson Lane
Austin, Texas  78752-1699

Dear Mr. Hale:

	You have received a request for information about a state-chartered credit union 
regulated by the Texas Credit Union Department.  The following information was 
requested:

	1.	Monthly financial statements of the credit union since June 
30, 1985.

	2.	Any other periodic financial statements, including annual, 
issued since June 30, 1985, on the credit union.

	3.	Any accounting or accountants' statements accompanying 
items 1 or 2.

	4.	Any reports of evaluations of the credit union by the State 
of Texas Credit Union Department since January 1, 1975, which are 
not immune from public disclosure under Texas freedom of 
information law.

	You have enclosed copies of the following documents:

	1.	Monthly financial statements of the credit union from June 
30, 1985, through February 28, 1986.

	2.	The annual report of the credit union dated January 30, 
1986.

	3.	The examination report of the credit union for the period 
May 1, 1985 through January 31, 1986.  We have examination 
reports since January 1, 1975, and they are similar in format to this 
one.

	4.	An interoffice memorandum concerning the examination of 
the credit union, dated April 15, 1986.

	You contend that the requested information is excepted from public disclosure 
pursuant to section 3(a)(12) of the Open Records Act, article 6252-17a, V.T.C.S., which 
provides as follows:

	(12)	information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions, and/or securities, as that term is defined in the 
Texas Securities Act;

You also point out the following provision of the Texas Credit Union Act:

	(b)	All information, except statements intended for 
publication, obtained by the department relative to the financial 
conditions of credit unions, whether obtained through examination 
or otherwise, and all files and records of the department relative to 
that information are confidential and not for public record or 
inspection.  The commissioner may disclose to the commission any 
information, files, or records pertinent to any hearing or matter 
pending before the commission or the commissioner.  If the 
commissioner determines it is necessary or proper for the 
enforcement of the laws of this state applicable to credit unions or 
rules adopted under those laws, the commissioner may disclose any 
files, records, or other information of the department to the Texas 
Share Guaranty Credit Union or any department, agency, or 
instrumentality of this state or the United States.

V.T.C.S. art. 2461, §11.12(b).  You state that distribution of the materials obtained from 
the credit union is limited to the board of directors of the credit union and the Credit 
Union Department.  Therefore, none of this information is "intended for publication."

	We have examined the documents you have submitted and agree that they are 
excepted from public disclosure under the Open Records Act.  Open Records Decision 
No. 28 (1974) determined that the balance sheet of a credit union was excepted from 
public disclosure by section 3(a)(12) of the Open Records Act.  Open Records Decision 
No. 187 (1978) concluded that section 3(a)(12) of article 6252-17a, V.T.C.S., applied to 
information about the current and projected financial condition and operations of a credit 
union.

	The financial statements of the credit union, its annual report, and the Credit 
Union Department's report and memorandum concerning the examination of the credit 
union are "examination, operating, or condition reports prepared by, on behalf of, or for 
the use of" the Credit Union Department.  Accordingly, they are excepted from public 
disclosure by section 3(a)(12) of the Open Records Act.  In addition, the information is 
also rendered confidential by section 11.12(b) of article 2461, V.T.C.S.  As information 
deemed confidential by statutory law, they are excepted from public disclosure by section 
3(a)(12) of the Open Records Act.  Accordingly, these documents are not subject to 
required public disclosure under the Texas Open Records Act.

Very truly yours,

Jim Mattox
Attorney General of Texas

Jack Hightower
First Assistant Attorney General

Mary Keller
Executive Assistant Attorney General

Rick Gilpin
Chairman, Opinion Committee

Prepared by Susan L. Garrison
Assistant Attorney General