 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 28, 2011 Mr. Bill Delmore Assistant District Attorney 9th Judicial District 207 West Phillips, 2nd Floor Conroe, Texas 77301 OR2011-02888 Dear Mr. Delmore: 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# 410186. The Montgomery County District Attorney (the "district attorney") received a request for all documents originating with the district attorney notifying the Office of the Attorney General of Texas (the "OAG") and/or the Texas Secretary of State of a complaint filed by the requestor against a named individual and The Woodlands Road Utility District No. 1. You claim the submitted letter is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted information. Section 552.108(a)(1) of the Government Code 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). Section 552.108 may be invoked by the proper custodian of information relating to a pending investigation or prosecution of criminal conduct. See Open Records Decision No. 474 at 4-5 (1987). You state the submitted letter pertains to a pending criminal investigation. We have received a representation from the OAG stating the release of the submitted information would interfere with a pending criminal investigation being conducted by the OAG's Criminal Investigations Division. Based on this representation and our review, we determine release of the submitted information 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). Accordingly, the district attorney may withhold the submitted letter under section 552.108(a)(1) of the Government Code. 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, Leah B. Wingerson Assistant Attorney General Open Records Division LBW/dls Ref: ID# 410186 Enc. Submitted documents c: Requestor (w/o enclosures) c: Mr. Reg Hargrove Assistant Attorney General Public Information Coordinator Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 (w/o enclosures)
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |