February 7, 2008

Ms. Pamela Smith

Assistant General Counsel

Texas Department of Public Safety

P. O. Box 4087

Austin, Texas 78773-0001

OR2008-01810

Re: Request for any records pertaining to the investigation into the death of F. E. Badillo on 10/08/07; ORA 08-0131

Dear Ms. Smith:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 306247.

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. However, you must release the basic information pursuant to section 552.108(c) of the Government Code.

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: Ms. Cindy Jones

P.O. Box 42

Mason, Texas 76856

(w/o enclosures)

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