March 25, 2010

Ms. Michelle Villarreal

Assistant City Attorney

City of Waco

P. O. Box 2570

Waco, Texas 76702-2570

OR2010-04216

Re: Request for Case #10-27860; WPD 10-250; Waco Ref. No. LGL-10-305

Dear Ms. Villarreal:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 380146.

After reviewing your arguments and the submitted information, we have determined your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim the information marked as "552.108" may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the information and have determined that in accordance with section 552.108(a)(1) you may withhold the information marked as "552.108." We agree you must withhold the marked Texas motor vehicle record information in accordance with section 552.130 of the Government Code. ⁽¹⁾ Also, you may withhold the social security number(s) under section 552.147 of the Government Code.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

cc: Requestor

(w/o enclosures)

Footnotes

1. You withheld Texas driver's license and license plate numbers pursuant to Open Records Decision No. 684 (2009), a previous determination to all governmental bodies authorizing them to withhold said information without the necessity of requesting an attorney general decision. See Gov't Code §552.301(a); Open Records Decision No. 673 (2001) (addressing "previous determination" for section 552.301(a) purposes). However, Open Records Decision No. 684 did not grant a previous determination for the year of a Texas license plate or a Texas vehicle identification number; you must seek a determination from this office to withhold such information. ORD 684.

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