August 22, 2011

Ms. LeAnn M. Quinn

City Secretary

City of Cedar Park

600 North Bell Boulevard

Cedar Park, Texas 78613

OR2011-12116

Dear Ms. Quinn:

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# 431871 (Cedar Park Reference No. 11-708).

The Cedar Park Police Department (the "department") received a request for information pertaining to a specified accident. You state some information has been made available to the requestor. You claim the submitted information is excepted from disclosure under sections 552.108, 552.130, and 552.136 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.108 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 must reasonably explain how and why section 552.108 is applicable to the information at issue. See id. § 552.301(e)(1)(A); Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state Exhibit C relates to a pending criminal prosecution. Based on your representation, we find section 552.108(a)(1) is applicable to Exhibit C. 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). We note, however, Exhibit C includes a DIC-24 statutory warning form and a DIC-25 notice of suspension form. The department provided copies of these forms to the arrestee. You have not explained how releasing this information, which has already been provided to the arrestee, would interfere with the detection, investigation, or prosecution of this crime. See Gov't Code § 552.108(a)(1). Accordingly, the DIC-24 and DIC-25 forms may not be withheld under section 552.108. The department may withhold the remaining information in Exhibit C under section 552.108(a)(1).

You have marked information in Exhibit B under section 552.130 of the Government Code, which you claim is subject to the previous determination issued by this office in Open Records Decision No. 684 (2009). Section 552.130 excepts from disclosure information related to a motor vehicle operator's or driver's license or permit issued by an agency of this state or another state or country and information related to a motor vehicle title or registration issued by an agency of this state or another state or country. Act of May 24, 2011, 82nd Leg., R.S., S.B. 1638, § 4 (to be codified as an amendment to Gov't Code § 552.130). Open Records Decision No. 684 is a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including Texas driver's license numbers and Texas license plate numbers under section 552.130, without the necessity of requesting an attorney general decision. Accordingly, we agree the department must withhold the Texas driver's license numbers you have marked in the DIC-24 and DIC-25 forms and in Exhibit B as well as the license plate number you have marked in Exhibit B pursuant to Open Records Decision No. 684, without seeking a decision from our office. We note the vehicle identification number you have marked is not subject to Open Records Decision No. 684 and may not be redacted without requesting an attorney general decision. Upon review, we find the department must withhold the vehicle identification number you have marked in Exhibit B under section 552.130.

You also have marked information in Exhibit B under section 552.136 of the Government Code. Section 552.136 provides "[n]otwithstanding any other provision of [the Act], a credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body is confidential." Gov't Code § 552.136(b); see id. § 552.136(a) (defining "access device"). This office has concluded insurance policy numbers constitute access device numbers for purposes of section 552.136. You inform us you marked the information at issue in Exhibit B pursuant to Open Records Decision No. 684, which as noted above, is a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including an insurance policy number, without the necessity of requesting an attorney general decision. Accordingly, we agree the department may withhold the insurance policy number you have marked in Exhibit B pursuant to Open Records Decision No. 684 without seeking a decision from our office.

In summary, except for the DIC-24 and DIC-25 forms, the department may withhold Exhibit C under section 552.108(a)(1) of the Government Code. The department must withhold the information you have marked for redaction in Exhibit B and the Texas driver's license number you have marked in the DIC-24 and DIC-25 forms under section 552.130 of the Government Code. The department must withhold the marked insurance policy number under section 552.136 of the Government Code. The remaining information 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,

Ana Carolina Vieira

Assistant Attorney General

Open Records Division

ACV/agn

Ref: ID# 431871

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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