 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 25, 2010 Ms. Ashley R. Allen Staff Attorney Administrative Law Section Texas General Land Office P.O. Box 12873 Austin, Texas 78711 OR2010-02847 Dear Ms. Allen: 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# 373082. The Texas General Land Office (the "GLO") received a request for information pertaining to the recommendation to close Rollover Pass. You state you have released some of the requested information to the requestor. Although you take no position with respect to the remaining requested information, you state that the release of the submitted information may implicate the proprietary interests of Pacific International Engineering, PLLC ("Pacific"). Accordingly, you state you have notified Pacific of this request and of its right to submit arguments stating why its information should not be released. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the 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 the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, Pacific has not submitted to this office reasons explaining why its information should not be released. Therefore, Pacific has provided us with no basis to conclude it has protected proprietary interests in the submitted information. Accordingly, the GLO may not withhold any portion of the submitted information on the basis of any proprietary interest Pacific may have in this information. See Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, 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), 542 at 3 (1990). As you raise no exceptions to disclosure, the submitted information must be released to the requestor. 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, Adam Leiber Assistant Attorney General Open Records Division ACL/rl Ref: ID# 373082 Enc. Submitted documents c: Requestor (w/o enclosures) cc: Pacific International Engineering, PLLC c/o Ashley R. Allen Staff Attorney Administrative Law Section Texas General Land Office P.O. Box 12873 Austin, Texas 78711 (w/o enclosures)
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |