 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
 |
January 22, 2010 Ms. Meredith Hayes Abernathy, Roeder, Boyd & Joplin, P.C. Attorney for McKinney Independent School District P.O. Box 1210 McKinney, Texas 75070-1210 OR2010-01044 Dear Ms. Hayes: 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# 367775. The McKinney Independent School District (the "district"), which you represent, received a request for all responses and tally sheets related to a specified request for proposals. Although you take no position with respect to the public availability of the submitted information, you indicate you have notified certain third parties of the request and of each company's right to submit arguments to this office as to why the submitted information should not be released. (1) See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (determining that statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain the applicability of exception to disclose under 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 a governmental body's notice under section 552.305(d) of the Government Code to submit its reasons, if any, as to why requested information relating to that party should be withheld from disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, none of the third parties has submitted comments to this office explaining why any portion of the submitted information relating to them should not be released to the requestor. Thus, we have no basis to conclude that the release of any portion of the submitted information would implicate the third parties' interests, and none of the information may be withheld on that basis. See id. § 552.110; Open Records Decision Nos. 661 at 5-6 (1999) (stating that business enterprise that claims exception for commercial or financial information under section 552.110(b) must show by specific factual evidence 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). Section 552.136 of the Government Code 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." (2) Gov't Code § 552.136(b). The district must withhold the routing numbers we have marked under section 552.136 of the Government Code. We note some of the remaining information is protected by copyright. A custodian of public records must comply with the copyright law and is not required to furnish copies of records that are copyrighted. Attorney General Opinion JM-672 (1987). A governmental body must allow inspection of copyrighted materials unless an exception applies to the information. Id. If a member of the public wishes to make copies of copyrighted materials, the person must do so unassisted by the governmental body. In making copies, the member of the public assumes the duty of compliance with the copyright law and the risk of a copyright infringement suit. See Open Records Decision No. 550 (1990). In summary, the district must withhold the information we marked under section 552.136 of the Government Code. The remaining information must be released, but only in accordance with copyright law. 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, Matt Entsminger Assistant Attorney General Open Records Division MRE/rl Ref: ID# 367775 Enc. Submitted documents c: Requestor (w/o enclosures) cc: Mr. Chris M. Cronin American National Bank of Texas 2851 South Central Expressway McKinney, Texas 75069 (w/o enclosures) Ms. Wendy Wong-Majors Public Funds Manager Capital One NA 14651 Dallas Parkway, 3rd Floor Dallas, Texas 75240 (w/o enclosures) Ms. Jenny Murphey Senior Vice President Legacy Texas Bank P.O. Box 869111 Plano, Texas 75086-9111 (w/o enclosures) Ms. Amy Wang Bank of America 901 Main Street, 11th Floor Dallas, Texas 75202-3714 (w/o enclosures) Ref: ID# 367775 Enc. Submitted documents c: Judson Stafford 505 West State Street Garland, Texas 75040 (w/o enclosures) cc: Mr. Chris M. Cronin American National Bank of Texas 2851 South Central Expressway McKinney, Texas 75069 (w/o enclosures) Ms. Wendy Wong-Majors Public Funds Manager Capital One NA 14651 Dallas Parkway, 3rd Floor Dallas, Texas 75240 (w/o enclosures) Ms. Jenny Murphey Senior Vice President Legacy Texas Bank P.O. Box 869111 Plano, Texas 75086-9111 (w/o enclosures) Ms. Amy Wang Bank of America 901 Main Street, 11th Floor Dallas, Texas 75202-3714 (w/o enclosures)
1. The third parties are: American National Bank of Texas; Capitol One NA; Citibank NA; Legacy
Texas Bank; and Bank of America.
2. The Office of the Attorney General will raise a mandatory exception on behalf of a governmental
body, but ordinarily will not raise other exceptions. Open Records Decision Nos. 481 (1987), 480 (1987), 470
(1987).
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |