 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 16, 2010 Ms. S. McClellan Assistant City Attorney Criminal Law and Police Division City of Dallas 1400 South Lamar Dallas, Texas 75215 OR2010-02267 Dear Ms. McClellan: 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# 374618 (DPD Request No. 2010-0380). The Dallas Police Department (the "department") received a request for police reports taken on three named streets during a specified time period. You claim that the submitted information is excepted from disclosure under sections 552.101, 552.108, and 552.130 of the Government Code. We have considered the exception you claim and reviewed the submitted information. Initially, you inform us that the submitted information pertaining to police report #0007269-X was the subject of a previous request for information, in response to which this office issued Open Records Letter No. 2010-01795 (2010). We conclude that, as we have no indication that the law, facts, and circumstances on which the prior ruling was based have changed, the department may continue to rely on that ruling as a previous determination and withhold or release the information pertaining to police report #0007269-X in accordance with Open Records Letter No. 2010-01795. (1) See Open Records Decision No. 673 (2001) (so long as law, facts, and circumstances on which prior ruling was based have not changed, first type of previous determination exists where requested information is precisely same information as was addressed in a prior attorney general ruling, ruling is addressed to same governmental body, and ruling concludes that information is or is not excepted from disclosure). Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision," and encompasses information made confidential by other statutes. Gov't Code § 552.101. You have marked telephone numbers and an address in the remaining information that you seek to withhold under section 552.101 in conjunction with section 772.318 of the Health and Safety Code. Chapter 772 of the Health and Safety Code relates to local emergency communications districts. Section 772.318 applies to an emergency 9-1-1 district established in accordance with chapter 772, and makes confidential the originating telephone numbers and addresses of 9-1-1 callers that are furnished by a service supplier. See Open Records Decision No. 649 (1996). We understand the City of Dallas to be part of an emergency communication district that was established under section 772.318. (2) Provided that the information you have marked consists of originating telephone numbers and address that were furnished by a 9-1-1 service supplier, we agree that the department must withhold the marked telephone numbers and address under section 552.101 in conjunction with section 772.318 of the Health and Safety Code. Section 552.130 of the Government Code excepts from disclosure information that relates to a motor vehicle operator's license, driver's license, motor vehicle title, or registration issued by a Texas agency. Gov't Code § 552.130(a)(1), (2). Upon review, the department must withhold the information you have marked, as well as the additional Texas motor vehicle record information we have marked, in the remaining information under section 552.130 Government Code. (3) In summary, the department may continue to rely on Open Records Letter No. 2010-01795 as a previous determination and withhold or release the information pertaining to police report #0007269-X in accordance therewith. Provided that the information you have marked consists of originating telephone numbers and address the were furnished by a 9-1-1 service supplier, the department must withhold the information you have marked under section 552.101 of the Government Code in conjunction with section 772.318 of the Health and Safety Code. The department must also withhold the information you have marked, as well as 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, Laura Ream Lemus Assistant Attorney General Open Records Division LRL/jb Ref: ID# 374618 Enc. Submitted documents c: Requestor (w/o enclosures)
1. As we are able to make this determination with respect to police report #0007269-X and any related
materials, we need not address your submitted argument against disclosure of that information.
2. Section 772.318 applies to an emergency communication district for a county with a population of
more than 20,000.
3. 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 driver's
license 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 |