January 11, 2010

Mr. Scott A. Kelly

Deputy General Counsel

The Texas A&M University

200 Technology Way, Suite 2079

College Station, Texas 77845-3424

OR2010-00480

Dear Mr. Kelly:

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# 371779 (TAMU 09-616).

The Texas A&M University (the "university") received a request for information pertaining to a specified accident. You state you have released some of the requested information to the requestor. You claim some of the submitted information is excepted from disclosure under sections 552.130 and 552.136 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.130 of the Government Code excepts from disclosure information that "relates to . . . a motor vehicle operator's or driver's license or permit issued by an agency of this state[,] a motor vehicle title or registration issued by an agency of this state[, or ] a personal identification document[.]" Gov't Code § 552.130. Upon review, we find the information we have marked for release is not Texas motor vehicle record information for purposes of section 552.130. Accordingly, except for the information we have marked for release, we agree the university must withhold the Texas-issued motor vehicle record information you have marked under section 552.130 of the Government Code.

You also raise section 552.136 of the Government Code, which states that "[n]otwithstanding any other provision of this chapter, 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." Id. § 552.136. The university must withhold the insurance policy number you have marked under section 552.136 of the Government Code.

In summary, except for the information we have marked for release, the university must withhold the information you have marked pursuant to section 552.130 of the Government Code. The university must withhold the insurance policy number you have marked under section 552.136 of the Government Code. The remaining information must be released to the requestor. ⁽¹⁾

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,

Amy L.S. Shipp

Assistant Attorney General

Open Records Division

ALS/rl

Ref: ID# 371779

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

Footnotes

1. We note this office recently issued Open Record Decision No. 684 (2009), a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including Texas driver's license numbers and Texas license plate numbers under section 552.130 of the Government Code, and insurance policy numbers under section 552.130 of the Government Code, without the necessity of requesting an attorney general decision.

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