January 26, 2009

Ms. Catherine Zellers

City Attorney's Office

City of Weatherford

P.O. Box 255

Weatherford, Texas 76086

OR2009-01004

Dear Ms. Zellers:

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# 333138.

The City of Weatherford (the "city") received a request for the unpaid utility bills for all city council members, utility board members, and city administration for a specified time period. You state that you have released the requested records of those individuals who did not make the proper confidentiality elections under section 182.052 of the Utilities Code. You claim that portions of the submitted information are excepted from disclosure under section 552.101 of the Government Code in conjunction with section 182.052 of the Utilities Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. This exception encompasses information that other statutes make confidential, such as section 182.052 of the Utilities Code, which provides in part:

(a) Except as provided by Section 182.054, a government-operated utility may not disclose personal information in a customer's account record, or any information relating to the volume or units of utility usage or the amounts billed to or collected from the individual for utility usage, if the customer requests that the government-operated utility keep the information confidential. However, a government-operated utility may disclose information related to the customer's volume or units of utility usage or amounts billed to or collected from the individual for utility usage if the primary source of water for such utility was a sole-source designated aquifer.

(b) A customer may request confidentiality by delivering to the government-operated utility an appropriately marked form provided under Subsection (c)(3) or any other written request for confidentiality.

Util. Code § 182.052(a)-(b). "Personal information" under section 182.052(a) means an individual's address, telephone number, and social security number. See id. § 182.051(4); see also Open Records Decision No. 625 (1994) (construing statutory predecessor). Water, sewer, garbage collection, and electricity services are included in the scope of utility services covered by section 182.052. Util. Code § 182.051(3). Section 182.054 of the Utilities Code provides six exceptions to the disclosure prohibition found in section 182.052. See id. § 182.054.

You state, and provide documentation showing, that the submitted records pertain to individuals who timely requested confidentiality under section 182.052. You inform us that none of the exceptions to confidentiality under section 182.054 apply in this instance. You also inform us that the primary source of water for the city's utility services is not a sole-source aquifer. Based on your representations and our review of the submitted information, the city must withhold the addresses, telephone numbers, information relating to the volume or units of utility usage, and the amounts billed to or collected for utility usage in the submitted records under section 182.052 of the Utilities Code. However, the remaining information contained in these customer records may not be withheld under section 182.052.

We note that the remaining information includes the individuals' account numbers. Section 552.136 of the Government Code states that "[n]otwithstanding any other provision of [the Act], a credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body is confidential." Gov't Code § 552.136(b); see id. § 552.136(a) (defining "access device"). The utility account numbers we have marked constitute access device numbers for the purposes of section 552.136. Thus, the city must withhold the account numbers we have marked in the submitted records under section 552.136.

In summary, the city must withhold the addresses, telephone numbers, information relating to the volume or units of utility usage, and the amounts billed to or collected for utility usage under section 552.101 in conjunction with section 182.052 of the Utility Code. The city must withhold the marked account numbers under section 552.136. The remaining information must be released.

This letter ruling is limited to the particular information 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 information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497.

Sincerely,

Olivia A. Maceo

Assistant Attorney General

Open Records Division

OM/eeg

Ref: ID# 333138

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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