 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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March 19, 2007 Mr. Edward Seidenberg OR2007-02992 Dear Mr. Seidenberg: 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# 273684. The Texas State Library and Archives Commission (the "commission") received a request for several categories of information pertaining to specified cases and the Texas Department of Corrections. (1) You claim that the submitted information is excepted from disclosure under sections 552.101 and 552.134 of the Government Code. We have also considered comments submitted by interested third parties. See Gov't Code § 552.304 (interested party may submit comments stating why information should or should not be released). The Department of Criminal Justice (the "department") has reviewed the responsive documents and seeks to withhold the requested information under section 552.134 of the Government Code. The Office of the Attorney General has also reviewed the responsive documents and seeks to withhold the requested information under sections 552.101 and 552.134 of the Government Code. We have considered the claimed exceptions and reviewed the submitted representative sample of information. (2) Section 552.134 of the Government Code relates to inmates of the department and provides in relevant part the following: (a) Except as provided by Subsection (b) or by Section 552.029 [of the Government Code], information obtained or maintained by the Texas Department of Criminal Justice is excepted from [required public disclosure] if it is information about an inmate who is confined in a facility operated by or under a contract with the department. Gov't Code § 552.134(a). Section 552.134 is explicitly made subject to section 552.029. Section 552.029 provides that [n]otwithstanding . . . Section 552.134, the following information about an inmate who is confined in a facility operated by or under a contract with the [department] is subject to required disclosure under Section 552.021: (8) basic information regarding the death of an inmate in custody, an incident involving the use of force, or an alleged crime involving the inmate. Id. § 552.029(8). We find that section 552.134(a) is generally applicable to the information at issue. We note, however, that these records contain information relating to the death of an inmate in custody. Therefore, basic information concerning this incident must be released. See id. § 552.029(8). Basic information includes the time and place of the incident, names of inmates and department officials directly involved, a brief narrative of the incident, a brief description of any injuries sustained, and information regarding criminal charges or disciplinary actions filed as a result of the incident. Thus, except for basic information, the commission must withhold the requested information pursuant to section 552.134 of the Government Code. As our ruling is dispositive, we need not address the remaining arguments against disclosure. 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, Jaime L. Flores Assistant Attorney General Open Records Division JLF/jb Ref: ID# 273684 Enc. Submitted documents c: Ms. Susanne Mason 1900 Burton Drive #232 Austin, Texas 78741 (w/o enclosures)
Ms. Karen Rabon Public Information Coordinator Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 (w/o enclosures) Mr. James M. Frazier III Assistant General Counsel Texas Department of Criminal Justice P.O. Box 4004 Huntsville, Texas 77342-4004 (w/o enclosures)
1. You inform us the requestor has agreed to the redaction of dates of birth and has narrowed her request
to exclude medical records of inmates who were alive "at the time of these cases."
We assume the representative sample of records submitted to this office is truly representative of the
requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records
letter does not reach, and therefore does not authorize the withholding of, any other requested records to the
extent that those records contain substantially different types of information than that submitted to this office.
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |