April 27, 2007

Ms. Pamela Smith
Assistant General Counsel
Texas Department of Public Safety
P. O. Box 4087
Austin, Texas 78773-0001

OR2007-04853

Re: Request for any reports pertaining to a shooting incident no 3/13/07, involving Wharton Police Officer Don Falks, ORA 07-0731

Dear Ms. Smith:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 280770.

After reviewing your arguments and the submitted information, we have determined that your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim that the submitted information may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(1) you may withhold the submitted information.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

cc: Mr. Armando Villafranca

Houston Chronicle

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Houston, Texas 77002

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