March 29, 2010

Mr. David H. Guerra

King, Guerra, Davis & Garcia

Attorney for City of Mission

P.O. Box 1025

Mission, Texas 78573

OR2010-04359

Dear Mr. Guerra:

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# 374717.

The City of Mission (the "city"), which you represent, received a request for the complete plans for a specified address. You indicate the submitted information may be excepted under section 552.110 of the Government Code but take no position as to whether this information is excepted under this section. Further, you state the submitted information may implicate the proprietary interests of a third party. Accordingly, you state you notified Escala Designs ("Escala") of the request for information and of its right to submit arguments to this office as to why the requested information should not be released. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have reviewed the submitted information.

An interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). You state that Escala has advised you that it objects to the disclosure of the requested information. However, Escala has not provided comments to this office explaining why its information should not be released. Therefore, Escala has failed to provide us with any basis to conclude it has a protected proprietary interest in any of the submitted information. See Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret), 542 at 3. Accordingly, the city may not withhold any portion of the submitted information on the basis of any proprietary interest Escala may have in this information. As no further exceptions to disclosure have been raised, the submitted 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, toll free, at (888) 672-6787.

Sincerely,

Sarah Casterline

Assistant Attorney General

Open Records Division

SEC/eeg

Ref: ID# 374717

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Mr. Oberlin Cardenas

Escala Designs

3601 North I Road, Suite B

Pharr, Texas 78577

(w/o enclosures)

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