March 21, 2011

Ms. Michelle Villarreal

Assistant City Attorney

City of Waco - Legal Services

P.O. Box 2570

Waco, Texas 76702-2570

OR2011-03844

Dear Ms. Villarreal:

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# 416493 (Waco Reference # LGL-11-218).

The City of Waco (the "city") received a request for information pertaining to a specified death. You indicate that the city has released some of the requested information. You claim that portions of the submitted 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 highlighted a telephone number and address in the submitted computer aided dispatch ("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). We understand the city is part of an emergency communication district that was established under section 772.318. ⁽¹⁾ Provided that the information you have highlighted consists of an originating telephone number and address furnished by a 9-1-1 service supplier, we agree that the city must withhold the highlighted information in the submitted CAD record under section 552.101 of the Government Code in conjunction with section 772.318 of the Health and Safety Code.

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). However, we note that section 552.130 protects the privacy interest of the individual, and because the right of privacy is purely personal, it lapses upon death. Moore v. Charles B. Pierce Film Enters., Inc., 589 S.W.2d 489, 491 (Tex. App.--Texarkana 1979, writ ref'd n.r.e.); see also Attorney General Opinions JM-229 (1984), H-917 (1976); Open Records Decision No. 272 (1981). Accordingly, Texas motor vehicle record information that pertains to solely to a deceased individual may not be withheld under section 552.130. See 589 S.W.2d 489, 491. If the Texas motor vehicle record information you have highlighted pertains solely to a deceased individual, then it may not be withheld under section 552.130. However, if this information also pertains to a vehicle owned by a living individual, it must be withheld under section 552.130.

In summary, provided that the information you have highlighted consists of an originating telephone number and address furnished by a 9-1-1 service supplier, we agree that the city must withhold it under section 552.101 of the Government Code in conjunction with section 772.318 of the Health and Safety Code. If the Texas motor vehicle record information you highlighted pertains to a vehicle owned by a living individual, the city must withhold it under section 552.130 of the Government Code. If the highlighted Texas motor vehicle record information pertains solely to a deceased individual, it must be released.

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,

Laura Ream Lemus

Assistant Attorney General

Open Records Division

LRL/tf

Ref: ID# 416493

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.

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