February 10, 2011

Mr. Gregory A. Alicie

Open Records Specialist

Baytown Police Department

3200 North Main Street

Baytown, Texas 77521

OR2011-02093

Dear Mr. Alicie:

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# 408694.

The Baytown Police Department (the "department") received a request for the report pertaining to case number 2010-44906. You state the department will redact social security numbers pursuant to section 552.147 of the Government Code. ⁽¹⁾ You claim portions of the submitted information are excepted from disclosure under sections 552.101, 552.108, 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." Gov't Code § 552.101. Section 552.101 encompasses information made confidential by other statutes, including section 261.201 of the Family Code, which generally makes confidential working papers used or developed in investigations of child abuse or neglect. Fam. Code § 261.201(a). Upon review, we find the submitted report was used or developed in an investigation by the department of child abuse for purposes of section 261.201. See id. § 261.001(1) (defining "abuse" for purposes of chapter 261). Thus, this report is subject to section 261.201. Section 261.201(k) states, however, an investigating agency may not withhold from the parent of a child who is the subject of reported abuse or neglect, information concerning the reported abuse or neglect that would otherwise be confidential under section 261.201(a), unless the parent of the child requesting the information is alleged to have committed the abuse or neglect. Id. § 261.201(k). As you acknowledge, the requestor in this instance is the mother of the child victim listed in the report and is not alleged to have committed the suspected abuse. As such, the submitted report may not be withheld from this requestor on the basis of section 261.201(a). Section 261.201(l)(2) states, however, that any information excepted from required disclosure under the Act or other law may still be withheld from disclosure. Id. § 261.201(l)(2). Thus, because you also raise sections 552.108(a)(1) and 552.130, we will address your arguments under these sections for the submitted report.

Section 552.108(a)(1) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if . . . release of the information would interfere with the detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). A governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state the release of the information you marked at this time would interfere with the investigation of crime because the case at issue in the submitted report is pending. Based on this representation and our review, we agree release of the information you marked in the submitted report would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975) (court delineates law enforcement interests that are present in active cases), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Thus, the department may withhold the information you marked under section 552.108(a)(1) of the Government Code. ⁽²⁾

Next, we note section 261.201(l)(3) of the Family Code states the identity of the reporting party must be withheld. Fam. Code § 261.201(l)(3). We note a portion of the information you marked is not identifying of the reporting party, and that you have failed to mark some information that is identifying. Accordingly, the department must withhold the identifying information of the reporting party we marked under section 552.101 of the Government Code in conjunction with section 261.201(l)(3).

Section 552.130 of the Government Code excepts from disclosure information that relates to a motor vehicle title or registration issued by a Texas agency. Gov't Code § 552.130(a)(2). We agree the department must withhold the Texas motor vehicle record information you have marked under section 552.130 of the Government Code. ⁽³⁾

In summary, the department may withhold the information you marked under section 552.108(a)(1) of the Government Code. The department must withhold the information we marked under section 552.101 of the Government Code in conjunction with section 261.201(l)(3) of the Family Code. The department must withhold the information you marked under section 552.130 of the Government Code. The remaining information must be released. ⁽⁴⁾

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,

Bob Davis

Assistant Attorney General

Open Records Division

RSD/em

Ref: ID# 408694

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. Section 552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security number from public release without the necessity of requesting a decision from this office under the Act. See Gov't Code § 552.147(b).

2. As our ruling is dispositive for this information, we need not address your remaining argument against its disclosure.

3. We note Open Records Decision No. 684 (2009) is a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including a Texas license plate number under section 552.130 of the Government Code, without the necessity of requesting an attorney general decision.

4. Because this requestor has a special right of access to information that would ordinarily be confidential under section 261.201 of the Family Code, the department must again seek a decision from this office if it receives another request for the same information from a different requestor.

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