 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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September 21, 2011 Ms. Jenny Urquhart Assistant General Counsel Office of General Counsel University of North Texas System 1155 Union Circle # 310907 Denton, Texas 76203-5017 OR2011-13658 Dear Ms. Urquhart: 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# 430686 (UNT PIR No. 11-120). The University of North Texas (the "university") received a request for the winning bids for FRP 752-7-558-CM Hazardous Material Pickup. (1) Although you take no position on whether the requested information is excepted from disclosure, you state release of this information may implicate the proprietary interests of third parties. Accordingly, you inform us you have notified Clean Harbors Environmental Services, Inc.; Eagle Construction & Environmental Services, L.P.; Green Planet, Inc.; PSC Environmental Services, Inc.; and Univar USA of the requests and of their right to submit arguments to this office explaining why their information should not be released. See Gov't Code § 552.305 (permitting interested third party to submit to attorney general reasons why requested information should not be released); see also Open Records Decision No. 542 (1990) (determining statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in certain circumstances). We have reviewed the submitted information. We note an interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why requested information relating to that party should be withheld from disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, none of the third parties has submitted any comments to this office explaining how release of the submitted information would affect its proprietary interests. Accordingly, none of the submitted information may be withheld on the basis of the proprietary interests of any third party. See id. § 552.110; Open Records Decision Nos. 661 at 5-6 (1999) (stating business enterprise claiming exception for commercial or financial information under section 552.110(b) must show by specific factual evidence release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case information is trade secret). We note a portion of the submitted information is subject to section 552.136 of the Government Code. (2) Section 552.136 provides "[n]otwithstanding any other provision of this chapter, 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 determined insurance policy numbers are access device numbers for purposes of section 552.136. Accordingly, the university must withhold the insurance policy numbers we have marked under section 552.136 of the Government Code. The university must release the remaining information. 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, Mack T. Harrison Assistant Attorney General Open Records Division MTH/em Ref: ID# 430686 Enc. Submitted documents c: Requestor (w/o enclosures) Ms. Virginia Belmore Green Planet, Inc. 6371 Highway 276 West Royse City, Texas 75189 (w/o enclosures) Mr. William Qusick Clean Harbors Environmental Services 42 Longwater Drive Norwell, Massachusetts 02061-9149 (w/o enclosures) Mr. Jason Box PSC Environmental Services, Inc. 5151 San Felipe, Suite 1600 Houston, Texas 77056 (w/o enclosures) Mr. Kirk Ethridge Univar USA 10889 Bekay Street Dallas, Texas 75238 (w/o enclosures) Mr. Marc Walraven Eagle Construction & Environmental Services, L.P. 9701 East I-20 Eastland, Texas 76448 (w/o enclosures) Footnotes1. You state the university sought and received clarification from the requestor regarding the request. See Gov't Code § 552.222(b) (stating if information requested is unclear to governmental body or if large amount of information has been requested, governmental body may ask requestor to clarify or narrow request, but may not inquire into purpose for which information will be used). 2. The Office of the Attorney General will raise a mandatory exception on behalf of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987).
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |