Open Records Decision No. 449
November 7, 1986

	Re:  Whether records of the Unauthorized Practice of Law Committee of the State 
Bar of Texas are subject to the Open Records Act, article 6252-17a, V.T.C.S.

Mr. F. Witcher McCullough, III
Chairman
Unauthorized Practice of Law
     Committee
State Bar of Texas
3000 One Shell Plaza
Houston, Texas  77002-4995

Dear Mr. McCullough:

	This is to advise you of the status of RQ-899, which presents the question of 
whether records of the Unauthorized Practice of Law Committee of the State Bar of 
Texas are subject to required disclosure under the Open Records Act, article 6252-17a, 
V.T.C.S.

	Under section 7 of the Open Records Act, the attorney general may issue 
decisions only in instances in which a governmental body refuses to release requested 
records and then formally requests the attorney general to decide whether such refusal is 
legally permissible.  Section 7 provides:

	(a)	If a governmental body receives a written request for 
information which it considers within one of the exceptions stated in 
Section 3 of this Act, but there has been no previous determination 
that it falls within one of the exceptions, the governmental body 
within a reasonable time, no later than ten days, after receiving a 
written request must request a decision from the attorney general to 
determine whether the information is within that exception.  If a 
decision is not so requested, the information shall be presumed to be 
public information.

	(b)	The attorney general shall forthwith render a decision, 
consistent with standards of due process, to determine whether the 
requested information is a public record or within one of the above 
stated exceptions.  The specific information requested shall be 
supplied to the attorney general but shall not be disclosed until a 
final determination has been made.  The attorney general shall issue 
a written opinion based upon the determination made on the request.

V.T.C.S. art. 6252-17a, §7.

	In this instance, the Unauthorized Practice of Law Committee has not requested a 
decision from the attorney general as to whether the records requested by HALT are 
public records under the act.  Such a request is a condition precedent to our having 
jurisdiction to consider that issue.  On the contrary, the committee has merely advised 
this office that it believes that it is not a "governmental body" subject to the act, but 
instead is part of the judiciary, which is exempt from the act.  V.T.C.S. art. 6252-17a, 
§2(1)(G).  The committee derives support for its position from an order promulgated by 
the Supreme Court of Texas on September 16, 1986, which states that the committee is 
appointed by the Supreme Court of Texas and operates pursuant to rules considered and 
approved by that court, and which sets forth the circumstances under which records 
maintained by the committee shall be subject to required disclosure.  But see V.T.C.S. 
art. 320a-1, §9(f) (all records of the State Bar are subject to the Open Records Act, with 
two exceptions not relevant here).

	Because no decision of the attorney general has been requested by the 
Unauthorized Practice of Law Committee, the attorney general lacks jurisdiction in this 
matter under section 7(a) of the act.  We must on that basis decline to consider the 
availability of the records requested by HALT.

	In closing, we note section 8 of the act, which states:

If a governmental body refuses to request an attorney general's 
decision as provided in this Act, or to supply public information or 
information which the attorney general has determined to be a 
public record, the person requesting the information or the attorney 
general may seek a writ of mandamus compelling the governmental 
body to make the information available for public inspection.

This section prescribes the procedure to be followed in instances in which an entity that 
receives a request to disclose its records declines to request a decision from the attorney 
general.

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 Jon Bible
Assistant Attorney General