 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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October 22, 2007 Ms. Carol Longoria OR2007-13740 Dear Ms. Longoria: 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# 292269. The University of Texas at Dallas (the "university") received two requests for information pertaining to a specified incident. You state that some of the information will be released. You claim that some of the submitted information is excepted from disclosure under sections 552.108 and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information. We first note that the submitted information includes intoxilyzer results. Section 724.018 of the Transportation Code provides that upon the request of the person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen must be made available to that person or the person's attorney. In this instance, one of the requestors is the person who gave the breath specimen at the request of a peace officer. Therefore, the intoxilyzer results must be released to that requestor under section 724.018 of the Transportation Code. Section 552.108(a) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). Generally, a governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See Gov't Code §§ 552.108(a)(1), (b)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state that the submitted information relates to pending criminal prosecutions. Based upon this representation and our review, we agree that release of the information you have marked would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). However, section 552.108 does not except from disclosure basic information about an arrested person, an arrest, or a crime. Gov't Code § 552.108(c). Basic information refers to the information held to be public in Houston Chronicle. See 531 S.W.2d at 186-87. Thus, with the exception of basic information, which includes a detailed description of the offenses, the university may withhold the information you have marked from disclosure based on section 552.108(a)(1). We note that you have the discretion to release all or part of the information at issue that is not otherwise confidential by law. Gov't Code § 552.007. Section 552.130 of the Government Code excepts from disclosure information that relates to a motor vehicle operator's or driver's license or permit or a motor vehicle title or registration issued by an agency of this state. See Gov't Code § 552.130(a)(1)-(2). The university must withhold the information you have marked under section 552.130 of the Government Code, except as we have marked for release. In summary, the intoxilyzer results must be released to the requestor who gave the breath specimen pursuant to section 724.018 of the Transportation Code. With the exception of basic information, the university may withhold the information you have marked under section 552.108(a)(1) of the Government Code. The university must withhold the information you have marked under section 552.130 of the Government Code, except as we have marked for release. The remaining submitted information must be released. (1) You request that this office issue a previous determination allowing the University of Texas System and its campuses to withhold certain Texas-issued motor vehicle record information under section 552.130. Due to your failure to properly apply section 552.130, which is a factor this office considers in reviewing a request for a previous determination, this office declines to grant your request at this time. 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, Henisha D. Anderson Assistant Attorney General Open Records Division HDA/jb Ref: ID# 292269 Enc. Submitted documents cc: Mr. Eric Helgeson 5128 Gallahad Garland, Texas 75044 (w/o enclosures) Mr. Nedd Siritanapivat 2111 Drake Drive Richardson, Texas 75081 (w/o enclosures)
1. You acknowledge that some of the information being released is confidential and not subject to
release to the general public. You note that the requestors have a special right of access to their own private
information. Gov't Code § 552.023 (person or person's authorized representative has special right of access
to records that contain information relating to the person that are protected from public disclosure by laws
intended to protect that person's privacy interests). Therefore, if the university receives another request for this
information from an individual other than the two requestors or their authorized representatives, the university
must again seek a ruling from this office. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |