 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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January 4, 2010 Mr. Mark G. Mann Assistant City Attorney City of Garland P.O. Box 469002 Garland, Texas 75046-9002 OR2010-00007 Dear Mr. Mann: 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# 369045 (ORR# GCA09-0884). The Garland Police Department (the "department") received a request for information related to an offense involving a named individual. You state you have released some of the requested information. You claim portions of the submitted information are excepted from disclosure under sections 552.108 and 552.130 of the Government Code. (1) We have considered the exceptions you claim and reviewed the submitted information. You claim the information you have marked in red is excepted from disclosure under section 552.108 of the Government Code. 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 state the information you have marked in red relates to a pending criminal investigation. Based upon your representation and our review, we find section 552.108(a)(1) is applicable to this information. 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). Accordingly, the department may withhold the information you have marked in red under section 552.108(a)(1) of the Government Code. You assert some of the remaining information, which you have marked in green, is excepted under section 552.130 of the Government Code. Section 552.130 provides information relating to a motor vehicle operator's license, driver's license, motor vehicle title, or registration issued by a Texas agency is excepted from public release. Gov't Code § 552.130(a)(1), (2). Upon review, we find the information you have marked in green, and the additional information we have marked, consists of Texas motor vehicle record information. Accordingly, the department must withhold the information you have marked in green and the additional information we have marked under section 552.130. (2) In summary, the department may withhold the information you have marked in red under section 552.108(a)(1). The department must withhold the information you have marked in green, and the additional information we have marked, under section 552.130 of the Government Code. 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, toll free at (888) 672-6787. Sincerely, Claire V. Morris Sloan Assistant Attorney General Open Records Division CVMS/eb Ref: ID# 369045 Enc. Submitted documents c: Requestor (w/o enclosures)
1. We note you have redacted social security numbers from the submitted information. Section
552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security
number from public release without the necessity of requesting a decision from this office. See Gov't Code
§ 552.147(b).
We note this office recently issued Open Records Decision No. 684 (2009), a previous determination
to all governmental bodies authorizing them to withhold ten categories of information, including Texas drivers
license numbers and Texas license plate numbers under section 552.130 of the Government Code, without the
necessity of requesting an attorney general decision. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |