January 6, 2010

Mr. James Mu

Assistant General Counsel

Office of the General Counsel

Texas Department of Criminal Justice

P.O. Box 4004

Huntsville, Texas 77342-4004

OR2010-00251

Dear Mr. Mu:

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# 366431.

The Texas Department of Criminal Justice (the "department") received a request for information pertaining to department employees living in department housing. You claim that the submitted information is excepted from disclosure under sections 552.108 and 552.117 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Initially, we note that the requestor only seeks a list of names, along with job assignments, of individuals assigned to housing and the location or unit each of these individuals is assigned to. Thus, any information contained in the submitted utility properties reports that does not consist of an assigned individual's name, job, position, or unit location is not responsive to the instant request. The department need not release non-responsive information in response to this request, and this ruling will not address that information. We have identified the responsive information within the submitted reports.

You claim the property numbers in the submitted information are excepted from disclosure under section 552.117 of the Government Code. Section 552.117(a)(3) excepts from public disclosure the present and former home addresses and telephone number, social security numbers, and family member information of any division of the department, regardless of whether the current or former employee complies with section 552.1175. Gov't Code § 552.117(a)(3). You claim the property numbers found within the submitted information pertain to rental housings that house current department employees. Upon review of your arguments and the submitted information, we find the department must withhold the information we have marked pursuant to section 552.117(a)(3). ⁽¹⁾ The remaining responsive 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,

James McGuire

Assistant Attorney General

Open Records Division

JM/jb

Ref: ID# 366431

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. As our ruling is dispositive, we do not address your remaining argument against disclosure of this information.

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