 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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March 16, 2009 Ms. Pamela Smith Assistant General Counsel Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 OR2009-03438 Dear Ms. Smith: 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# 341412 (ORA #09-0270). The Texas Department of Public Safety (the "department") received a request for fifteen categories of information pertaining to a specified incident. You state that you have released a portion of the requested information. You claim that the remaining requested information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted representative sample of information. (1) Initially, we address the requestor's contention that the department did not comply with the procedural requirements of the Act in requesting our decision. The requestor asserts that the department failed to comply with subsections 552.301(b), 552.301(d), and 552.301(e-1) of the Government Code. Pursuant to section 552.301(b) of the Government Code, a governmental body must ask for the attorney general's decision and state the exceptions that apply within ten business days after receiving the request. Gov't Code § 552.301(a), (b). In addition, not later than the tenth business day after receiving the requestor's written request for information, the governmental body must provide the requestor with (1) a written statement that the governmental body wishes to withhold the requested information and has asked for a decision from the attorney general and (2) a copy of the governmental body's written communication to the attorney general. Id. § 552.301(d). A governmental body that submits written comments to the attorney general under Subsection (e)(1)(A) shall send a copy of those comments to the person who requested the information from the governmental body. Id. § 552.301(e-1). In this instance, the department received the present request for information on February 9, 2009. Accordingly, the department was required to request a decision from this office by February 24, 2009. See id. §§ 552.301(b). The department's request for a ruling was hand-delivered to this office on February 24, 2009. In addition, the department sent its written comments asking for an attorney general decision and copies of the responsive information that it did not seek to withhold to the requestor on February 24, 2009. See id. §§ 552.301(d), 552.301(e-1). Upon consideration of the requestor's comments and review of the submitted documents, we conclude that the department fully complied with the requirements of section 552.301 in requesting this decision and we will address the department's arguments against disclosure. Section 552.108(a)(1) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if . . . 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(a)(1) must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You represent that the information at issue pertains to a pending criminal case, and the release of this information would interfere with that case. Based on this representation, we conclude the release of the information 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., 536 S.W.2d 559 (Tex. 1976) (per curiam) (court delineates law enforcement interests that are present in active cases). Thus, we agree the information at issue is subject to section 552.108(a)(1). However, we note section 552.108 is inapplicable to 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; Open Records Decision No. 127 (1976) (summarizing types of information considered to be basic information). Thus, with the exception of basic information, which you indicate has already been released, the department may withhold the information at issue pursuant to section 552.108(a)(1) of the Government Code. 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, Cindy Nettles Assistant Attorney General Open Records Division CN/jb Ref: ID# 341412 Enc. Submitted documents c: Requestor (w/o enclosures)
1. 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. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |