February 2, 2011

Ms. Judith N. Benton

Assistant City Attorney

City of Waco - Legal Services

P.O. Box 2570

Waco, Texas 76702-2570

OR2011-01678

Dear Ms. Benton:

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# 412027 (LGL-10-1834).

The Waco Police Department (the "department") received a request for a specified incident report. You indicate you have released some of the requested information. You claim portions of the remaining information are excepted from disclosure under sections 552.101 and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

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 information in the submitted CAD record 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). You inform us that the City of Waco is part of an emergency communication district that was established under section 772.318. ⁽¹⁾ We note you have marked a location, which is not an originating address for purposes of section 772.318. Accordingly, we have marked this location for release. Provided that the remaining information you have highlighted, in addition to the information we have marked, consists of an originating telephone number and an originating address furnished by a 9-1-1 service supplier, we conclude the department must withhold that information under section 552.101 in conjunction with section 772.318 of the Health and Safety Code.

Section 552.130 excepts from public disclosure information that relates to a Texas motor vehicle operator's or driver's license or permit or Texas motor vehicle title or registration. Gov't Code § 552.130(a)(1), (2). Upon review, we agree the department must withhold Texas motor vehicle record information you have highlighted under section 552.130 of the Government Code. ⁽²⁾

In summary, except for the information we have marked for release, provided that the information you have highlighted and we have marked consists of an originating telephone number and an originating address furnished by a 9-1-1 service supplier, the department must withhold that information under section 552.101 of the Government Code in conjunction with section 772.318 of the Health and Safety Code. The department must withhold the information you have highlighted under section 552.130 of the Government Code. The remaining 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,

Paige Lay

Assistant Attorney General

Open Records Division

PL/vb

Ref: ID# 412027

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. Section 772.318 applies to an emergency communication district for a county with a population of more than 20,000.

2. This office issued Open Records Decision No. 684, a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including Texas driver's license and license plate 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
An Equal Employment Opportunity Employer