February 6, 2012

Ms. Janie Willman

City Secretary

City of Leon Valley

6400 El Verde Road

Leon Valley, Texas 78238

OR2012-01834

Dear Ms. Willman:

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# 444512.

The City of Leon Valley (the "city") received a request for information pertaining to complaints coming from two specified addresses. You claim that 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.

Initially, we note some of the submitted information, which we have marked, is not responsive to the instant request because it does not pertain to complaints that originated from the addresses specified in the request. This ruling does not address the public availability of the non-responsive information, and the city is not required to release such information in response to this request. ⁽¹⁾

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. Section 552.101 encompasses information protected by other statutes, such as section 58.007 of the Family Code. Section 58.007 provides in relevant part:

(c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be:

(1) if maintained on paper or microfilm, kept separate from adult files and records;

(2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and

(3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapters B, D, and E.

. . .

(e) Law enforcement records and files concerning a child may be inspected or copied by a juvenile justice agency as that term is defined by Section 58.101, a criminal justice agency as that term is defined by Section 411.082, Government Code, the child, and the child's parent or guardian.

. . .

(j) Before a child or a child's parent or guardian may inspect or copy a record or file concerning the child under Subsection (e), the custodian of the record or file shall redact:

(1) any personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and

(2) any information that is excepted from required disclosure under Chapter 552, Government Code, or other law.

Fam. Code § 58.007(c), (e), (j). Juvenile law enforcement records relating to delinquent conduct or conduct indicating a need for supervision that occurred on or after September 1, 1997 are confidential under section 58.007. Id. § 58.007. For purposes of section 58.007, "child" means a person who is ten years of age or older and under seventeen years of age. See id. § 51.02(2). Upon review, we find Attachment T involves a child engaged in delinquent conduct and therefore is subject to section 58.007. See id. § 51.03(a) (defining "delinquent conduct" for purposes of section 58.007). We note, however, the requestor is the mother of the juvenile suspect at issue. Accordingly, the requestor has a right of access under section 58.007(e) to the information pertaining to her child. See id. § 58.007(e). Therefore, that information may not be withheld from this requestor under section 552.101 of the Government Code on the basis of section 58.007(c). Section 58.007(j) provides, however, that any personally identifiable information concerning other juvenile suspects, offenders, victims, or witnesses must be redacted. See id. § 58.007(j)(1). We note a juvenile victim or witness for purposes of section 58.007(j)(1) is a person who is under eighteen years of age. Therefore, the city must withhold the identifying information of the juvenile witness, which we have marked, pursuant to section 58.007(j)(1) of the Family Code.

Section 552.130 of the Government Code provides information relating to a motor vehicle operator's or driver's license, title, or registration issued by a Texas agency, or an agency of another state or country, is excepted from public release. Gov't Code § 552.130(a)(1), (2). We note, however, section 552.130 protects privacy interests. In this instance, the requestor is one of the individuals whose motor vehicle record information is at issue. Thus, the requestor has a right of access to her own motor vehicle record information under section 552.023. Id. § 552.023(b) (governmental body may not deny access to person or person's representative to whom information relates on grounds information is considered confidential under privacy principles). Upon review, we find the city must withhold the motor vehicle record information we have marked in the remaining information under section 552.130. However, the remaining information you have marked consists of the requestor's own motor vehicle record information, to which she has a right of access, or does not consist of motor vehicle record information that is excepted from disclosure under section 552.130. Accordingly, none of the remaining information at issue may be withheld under section 552.130.

In summary, the city must withhold the identifying information of the juvenile witness, which we have marked, pursuant to section 552.101 of the Government Code in conjunction with section 58.007(j)(1) of the Family Code and the motor vehicle record information we have marked under section 552.130 of the Government Code. The remaining responsive information must be released. ⁽²⁾

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,

Sarah Casterline

Assistant Attorney General

Open Records Division

SEC/ag

Ref: ID# 444512

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. Thus, we do not address your arguments against disclosure of the non-responsive information.

2. Because some of the information being released is confidential with respect to the general public, if the city receives another request for this information from a different requestor, the city must again seek a ruling from this office.

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