January 30, 2012

Ms. Lillian Guillen Graham

Assistant City Attorney

City of Mesquite

P.O. Box 850137

Mesquite, Texas 75185-0137

OR2012-01446

Dear Ms. Graham:

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# 448304.

The Mesquite Police Department (the "department") received a request for the call sheet related to a specified accident. The department received a separate request for service calls and police reports related to specified call sheets and an address during a particular time period. You state the department will withhold information relating to a 9-1-1 caller in accordance with the previous determination issued to the department in Open Records Letter No. 2011-15761 (2011). You further state some responsive information will be released. You claim some of the submitted information is 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.

We note you seek to withhold information relating to lien information. In Open Records Letter No. 2012-01375 (2012), this office issued a previous determination to the department authorizing the department to withhold lien information under section 552.101 of the Government Code in conjunction with common-law privacy without requesting a decision from this office. See Gov't Code § 552.301(a); Open Records Decision No. 673 (2001) (listing elements of second type of previous determination under section 552.301(a) of the Government Code). Therefore, the department must withhold the marked lien information in accordance with the previous determination issued to the department in Open Records Letter No. 2012-01375.

Section 552.130 of the Government Code excepts from disclosure information relating to a motor vehicle title or registration issued by an agency of this state or another state or country. See Gov't Code § 552.130(a)(2). The department must withhold the motor vehicle information you have marked, and the additional information we have marked, under section 552.130 of the Government Code. ⁽¹⁾

In summary, the department must withhold the marked lien information in accordance with the previous determination issued to the department in Open Records Letter No. 2012-01375. The department must withhold the motor vehicle information you have marked, and the additional information we have marked, under section 552.130 of the Government Code. The remaining submitted 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,

Cindy Nettles

Assistant Attorney General

Open Records Division

CN/dls

Ref: ID# 448304

Enc. Submitted documents

c: 2 Requestors

(w/o enclosures)

Footnotes

1. We note Open Records Decision No. 684 (2009) is a previous determination issued by this office authorizing all governmental bodies to withhold ten categories of information without the necessity of requesting an attorney general decision, including a Texas license plate number under section 552.130 of the Government Code.

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