 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 16, 2007 Ms. Wendy E. Ogden OR2007-02006 Dear Ms. Ogden: 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# 271732. The City of Corpus Christi (the "city") received a request for "the as constructed drawings of the Detention Pond and related drainage from the HEB Plus site as well as the complete construction plans for the HEB Plus" at a specified location. Although you take no position on the proprietary nature of the information, you state you have notified Clive Samuels & Associates, Inc., HEB Construction Department, Selser Schaeffer Architects, Mr. Robert Gignac, and Mr. Mark Johnson, interested third parties, of the request and of their opportunity to submit comments to this office as to why the requested information should not be released to the requestor. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (determining that statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain the applicability of exception to disclose under Act in certain circumstances). We have reviewed the submitted information. An interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this decision, none of the third parties have submitted to this office any reasons explaining why the information at issue should not be released. Therefore, the interested third parties have provided us with no basis to conclude that they have protected proprietary interests in any of the submitted information, and none of the submitted information may be withheld on this basis. See, e.g., Gov't Code § 552.110(b) (to prevent disclosure of commercial or financial information, party must show by specific factual or evidentiary material, not conclusory or generalized allegations, that it actually faces competition and that substantial competitive injury would likely result from disclosure); Open Records Decision Nos. 552 at 5 (1990) (party must establish prima facie case that information is trade secret), 542 at 3. As the city raises no exceptions to disclosure, the submitted information must be released to the requestor. We note, however, that some of the submitted information may be protected by copyright. A custodian of public records must comply with the copyright law and is not required to furnish copies of records that are copyrighted. Attorney General Opinion JM-672 (1987). A governmental body must allow inspection of copyrighted materials unless an exception applies to the information. Id. If a member of the public wishes to make copies of copyrighted materials, the person must do so unassisted by the governmental body. In making copies, the member of the public assumes the duty of compliance with the copyright law and the risk of a copyright infringement suit. See Open Records Decision No. 550 (1990). 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, Amy L.S. Shipp Assistant Attorney General Open Records Division ALS/krl Ref: ID# 271732 Enc. Submitted documents c: Mr. Charles C. Webb, Jr. Attorney at Law 710 North Mesquite Street Corpus Christi, Texas 78401 (w/o enclosures) Ms. Janet Selser Selser Schaeffer Architects 1350 South Boulder Avenue, Suite 1100 Tulsa, Oklahoma 74119-3295 (w/o enclosures) HEB Construction Department 946 Quintana Avenue San Antonio, Texas 78221 (w/o enclosures) Mr. Robert Gignac 321 Texas Trail, Suite 202A Corpus Christi, Texas 78411 (w/o enclosures) Clive Samuels & Associates, Inc. 6800 Park Ten Boulevard San Antonio, Texas 78221 (w/o enclosures) Mr. Mark Johnson 922 Isom Road, Suite 100 San Antonio, Texas 78216 (w/o enclosures)
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