January 26, 2012

Ms. Donna L. Johnson

For City of Humble

Olson & Olson, L.L.P.

2727 Allen Parkway, Suite 600

Houston, Texas 77019-2133

OR2012-01353

Dear Ms. Johnson:

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# 443445 (Ref. HUM-McC).

The City of Humble (the "city"), which you represent, received a request for a specified police report and related in-car video recording. You state the city has released some of the information to the requestor. You claim portions of the submitted information are excepted from disclosure under sections 552.130 and 552.136 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Initially, we address the information you seek to withhold from the submitted CR-3 crash report form under sections 552.130 and 552.136 of the Government Code. This report was completed pursuant to chapter 550 of the Transportation Code. See Transp. Code § 550.064 (officer's accident report). Section 550.065(b) states that, except as provided by subsection (c) or (e), accident reports are privileged and confidential. Id. § 550.065(b). Section 550.065(c)(4) provides for the release of accident reports to a person who provides at least two of the following three pieces of information: (1) the date of the accident; (2) the name of any person involved in the accident; and (3) the specific location of the accident. Id. § 550.065(c)(4). In this instance, the requestor has provided the city with two of the three required pieces of information specified by the statute. Although you seek to withhold portions of the report under section 552.136 of the Government Code, we note a statutory right of access generally prevails over the Act's exceptions to public disclosure. See Open Records Decision Nos. 623 at 3 (1994) (exceptions in Act inapplicable to information statutes expressly make public), 613 at 4 (1993) (exceptions in Act cannot impinge on statutory right of access to information), 451 (1986) (specific statutory right of access provisions overcome general exception to disclosure under the Act).

Section 552.130 of the Government Code provides information relating to a motor vehicle operator's license, driver's license, motor vehicle title, or registration issued by an agency of this state or another state or country is excepted from public release. Gov't Code § 552.130(a). As noted above, a statutory right of access generally prevails over the Act's exceptions to public disclosure. However, because section 552.130 has its own access provisions, we conclude section 552.130 is not a general exception under the Act. Thus, we must address the conflict between the access provided under section 550.065 of the Transportation Code and the confidentiality provided under section 552.130. Where information falls within both a general and a specific provision of law, the specific provision prevails over the general. See Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 901 (Tex. 2000) ("more specific statute controls over the more general"); Cuellar v. State, 521 S.W.2d 277 (Tex. Crim. App. 1975) (under well-established rule of statutory construction, specific statutory provisions prevail over general ones); Open Records Decision Nos. 598 (1991), 583 (1990), 451. In this instance, section 550.065 specifically provides access only to accident reports of the type at issue, while section 552.130 generally excepts motor vehicle record information maintained in any context. Thus, we conclude the access to accident reports provided under section 550.065 is more specific than the general confidentiality provided under section 552.130. Accordingly, the city may not withhold any portion of the CR-3 accident report form under section 552.130 and must release the CR-3 accident report form in its entirety.

You also seek to withhold the video recording under section 552.130 of the Government Code. We note section 552.130 is intended to protect personal privacy. Thus, the requestor has a right of access to his own motor vehicle record information. See Gov't Code § 552.023 (governmental body may not deny access to person to whom information relates or person's agent on ground that information is considered confidential by privacy principles); Open Records Decision No. 481 at 4 (1987) (privacy theories not implicated when individuals request information concerning themselves). The city must withhold the remaining motor vehicle record information, which belongs to individuals other than the requestor, under section 552.130 of the Government Code. However, you state the city does not have the capability to redact information from the submitted video recording. See Open Records Decision No. 364 (1983). Therefore, the city must withhold the submitted video recording in its entirety under section 552.130 of the Government Code.

In summary, the city must release the submitted CR-3 crash report form in its entirety to this requestor pursuant to section 550.065 of the Transportation Code. The city must withhold the submitted video recording under section 552.130 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,

Neal Falgoust

Assistant Attorney General

Open Records Division

NF/agn

Ref: ID# 443445

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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