August 11, 2011

Mr. Reg Hargrove

Assistant Attorney General

Public Information Coordinator

General Counsel Division

Office of the Attorney General

P.O. Box 12548

Austin, Texas 78711-2548

OR2011-11631

Dear Mr. Hargrove:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code, the Public Information Act (the "Act"). Your request was assigned ID# 426565 (PIR 11-30903).

The Office of the Attorney General (the "OAG") received a request for the Attorney General's public schedule from May 25 to June 30, 2011. The OAG asserts some of the information is excepted from disclosure under section 552.151 of the Government Code. We have considered the OAG's claimed exception to disclosure and have reviewed the submitted information. We have also received and considered the requestor's comments. See Gov't Code § 552.304 (interested party may submit written comments regarding availability of requested information).

Section 552.151 of the Government Code provides as follows:

Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from [required public disclosure] if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm.

Id. § 552.151. The OAG asserts it must withhold the information it marked because release would subject the Attorney General to a substantial threat of physical harm. The OAG explains the specific dates, locations, and names of individuals involved in planning the Attorney General's schedule would be valuable for someone who intended to cause the Attorney General harm. Upon review, we agree release of the marked information would subject the Attorney General to a substantial threat of physical harm. Accordingly, the OAG must withhold the information it marked under section 552.151 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,

Yen-Ha Le

Assistant Attorney General

Open Records Division

YHL/sdk

Ref: ID# 426565

Enc: Submitted documents

c: Requestor

(w/o enclosures)

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