 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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December 7, 2005 Ms. Lillian Guillen Graham
OR2005-10992 Dear Ms. Graham: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 237485. The Mesquite Police Department (the "department") received a request for complete reports and call sheets regarding child custody possession violations involving three named individuals at specified addresses during a particular time interval. You state that you have released some information to the requestor. You claim that some of the requested information is excepted from disclosure under sections 552.101, 552.130, and 552.147 of the Government Code. We have considered the exceptions you claim and have reviewed the information you submitted. Initially, we note that some of the submitted information, which we have marked, is not responsive to the request. Accordingly, we do not address your arguments for this information and the department need not release such information in response to this request. See Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266 (Tex. Civ. App.--San Antonio 1978, writ dism'd). Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. This exception encompasses information that other statutes make confidential. Chapter 772 of the Health and Safety Code authorizes the development of local emergency communications districts. Section 772.118 of the Health and Safety Code is applicable to emergency 911 districts established in accordance with chapter 772. See Open Records Decision No. 649 (1996). This section makes the originating telephone numbers and addresses of 911 callers that are furnished by a service supplier confidential. Id. at 2. Section 772.118 applies to an emergency communication district for a county with a population of more than two million. You state that the City of Mesquite is part of an emergency communication district established under section 772.118. Therefore, we agree that the department must withhold the addresses and telephone numbers of 911 callers that were furnished by a 911 service supplier under section 552.101 of the Government Code in conjunction with section 772.118 of the Health and Safety Code.(1) Section 552.130 of the Government Code excepts from public disclosure information that relates to (1) a motor vehicle operator's or driver's license or permit issued by an agency of this state; [or] (2) a motor vehicle title or registration issued by an agency of this state[.] Gov't Code § 552.130. The department must withhold the marked Texas motor vehicle information under section 552.130. Lastly, the remaining submitted information contains a social security number. Section 552.147 of the Government Code(2) provides that "[t]he social security number of a living person is excepted from" required public disclosure under the Act. However, this section excepts information from disclosure in order to protect individuals' privacy. The requestor, therefore, has a special right of access to her own social security number pursuant to section 552.023 of the Government Code and it must be released to the requestor. See Gov't Code § 552.023(b)(person has special right of access to information that is excepted from public disclosure under laws intended to protect person's privacy interest as subject of the information). In summary, addresses and telephone numbers of 911 callers furnished by a 911 service supplier must be withheld under section 552.101 in conjunction with section 772.118 of the Health and Safety Code. The marked Texas motor vehicle information must be withheld under section 552.130. The remaining submitted information must be released.(3) This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a). If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e). If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ). Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the Office of the Attorney General at (512) 475-2497. If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling. Sincerely, James Forrest
c: Ms. Melissa Brooks
Footnotes 1. As our ruling for this information is dispositive, we do not address your other arguments for this information. 2. Added by Act of May 23, 2005, 79th Leg., R.S., S.B. 1485, ch. 397, 2005 Tex. Sess. Law Serv. 1091 (Vernon) (to be codified at Tex. Gov't Code § 552.147). 3. We note, however, that the submitted documents contain information that is confidential with respect to the general public. See Gov't Code § 552.023. See also Open Records Decision No. 481 at 4 (1987) (privacy theories not implicated when person asks governmental body for information concerning the person himself or herself). Thus, in the event the department receives another request for this information from someone other than this requestor, the department must ask this office for a decision whether the information is subject to public disclosure. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB:WWW.OAG.STATE.TX.US |