September 17, 1999

Mr. Mark A. Flowers
Assistant City Attorney
City of Midland
P.O. Box 1152
Midland, Texas 79702-1152

OR99-2607

Dear Mr. Flowers:

You ask whether certain information is subject to required public disclosure under the Texas Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 128482.

The City of Midland (the "city") received a request for information pertaining to an automobile accident that occurred on April 1, 1999, near the 4500 block of North Lamesa Road in Midland, Texas. You assert that the requested information is excepted from disclosure under section 552.103 of the Government Code. You also cite to Open Records Letter No. 99-1780 (1999) ("OR99-1780") issued by this office.

The information at issue was the subject of OR99-1780, which held that the city may withhold the information under section 552.103. Assuming that the facts are the same as those presented in your prior request for a decision, we conclude that you may rely on OR99-1780 to withhold the requested information at issue here.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Rose-Michel Munguía
Assistant Attorney General
Open Records Division

RMM/nc

Ref.: ID# 128482

cc: Mr. Robert W. Taylor
P.O. Box 2069
Odessa, Texas 79760
(w/o enclosures)

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