 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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November 14, 2007 Ms. Betsy Loar OR2007-14979 Dear Ms. Loar: 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# 294821. The Texas Credit Union Department (the "department") received a request for 11 categories of information related to Texas credit unions, to include specified information related to Texans Credit Union and its subsidiary Texans Commercial Capital (collectively "Texans"). You state that you have released information responsive to categories 7, 9, and 10. You further state that the department does not possess documents responsive to categories 2, 8, and 11. (1) You claim that the submitted information is excepted from disclosure under sections 552.101 and 552.112 of the Government Code. Although you take no position on the proprietary nature of the information, you state, and provide documentation showing, that you have notified Texans of the request and of its 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 received arguments from a representative of Texans. We have considered the claimed exceptions and reviewed the submitted information, a portion of which includes a representative sample. (2) Section 552.101 excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Govt' Code § 552.101. This section encompasses information made confidential by other statutes. You assert that the submitted information is confidential pursuant to section 126.002 of the Finance Code, which provides in relevant part: (a) Except as provided by Subsections (b) and (c), information obtained directly or indirectly by the department in any manner, including by application or examination, concerning the financial condition or business affairs of a credit union and the files and records of the department relating to that information, except a statement intended for publication, are confidential. (b) Confidential information may not be disclosed to a member of the [credit union] commission, and a member of the commission may not be given access to the files or records of the department, except that the [credit union] commissioner may disclose to the commission information, files, and records pertinent to a hearing or matter pending before the commission or the commissioner. (c) The commissioner may disclose the information described by Subsection (a) to a law enforcement agency or another department, agency, or instrumentality of this state, another state, or the United States if the commissioner determines that disclosure is necessary or proper to enforce the laws of this state applicable to credit unions. Fin. Code § 126.002(a)-(c). You state that the information contained in Exhibit B concerns the financial condition and business affairs of Texans and is contained in the files and records of the department. You further state that these documents were submitted by Texans to the department as part of the application process, or consist of internal department memos analyzing the application. You assert that Exhibit C consists of the examination reports of Texans, as well as the department's master list of all credit unions with dates of examination, CAMEL ratings, and other financial information. You explain that this information relates to the financial condition of credit unions regulated by the department. We note that the release provisions in subsections 126.002(b) and (c) are not applicable in this instance. See id. § 126.002(b)-(c). Therefore, based on your representations and our review, we conclude that the submitted information is confidential pursuant to section 126.002(a) of the Finance Code and must be withheld under section 552.101 of the Government Code. (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, Jordan Johnson Assistant Attorney General Open Records Division JJ/jb Ref: ID# 294821 Enc. Submitted documents c: Ms. Margaret Allen Dallas Business Journal 12801 North Central Expressway, Suite 800 Dallas, Texas 75243 (w/o enclosures) Mr. David E. Addison Texans Credit Union P.O. Box 853912 Richardson, Texas 75085-3912 (w/o enclosures) Mr. James C. (Jay) Champion Texans Commercial Capital 777 East Campbell Road Richardson, Texas 75081 (w/o enclosures)
1. We note that the Act does not require a governmental body to disclose information that did not exist
at the time the request was received. Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266
(Tex.Civ.App.--San Antonio 1978, writ dism'd); Open Records Decision No. 452 at 3 (1986).
We assume that 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.
As our ruling is dispositive, we need not address the department's or Texans' remaining arguments
against disclosure. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |