February 14, 2012

Ms. Linda M. Champion

Assistant City Attorney

City of Victoria

P.O. Box 1758

Victoria, Texas 77902-1758

OR2012-02301

Dear Ms. Champion:

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# 445415.

The City of Victoria (the "city") received a request for the name and volume of water used pertaining to the utility account of a specified address over a specified time period. You claim the requested information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Initially, we note most of the submitted information is not responsive to the instant request because does not consist of the requested name or volume of water used. The city need not release nonresponsive information in response to this request, and this ruling will not address that information.

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. This section encompasses information protected by other statutes. Section 182.052 of the Utilities Code provides in relevant part the following:

(a) Except as provided by Section 182.054, a government-operated utility may not disclose personal information in a customer's account record, or any information relating to the volume or units of utility usage or the amounts billed to or collected from the individual for utility usage, if the customer requests that the government-operated utility keep the information confidential. However, a government-operated utility may disclose information related to the customer's volume or units of utility usage or amounts billed to or collected from the individual for utility usage if the primary source of water for such utility was a sole-source designated aquifer.

(b) A customer may request confidentiality by delivering to the government-operated utility an appropriately marked form provided under Subsection (c)(3) or any other written request for confidentiality.

Util. Code § 182.052(a)-(b). Section 182.054 of the Utilities Code provides six exceptions to the disclosure prohibition found in section 182.052. See id. § 182.054. "Personal information" under section 182.052(a) of the Utilities Code means an individual's address, telephone number, or social security number. Id. § 182.051(4); see also Open Records Decision No. 625 (1994) (construing statutory predecessor). We note that the names of customers are not included in the definition of personal information, and therefore are not confidential under section 182.052 of the Utilities Code. A customer's request for confidentiality must precede the utility's receipt of the request for information. ORD 625 at 6. Water service is included in the scope of utility services covered by section 182.052. See Util. Code § 182.051(3).

You state the customer at issue timely requested confidentiality of her information under section 182.052. In this instance, there is no indication any of the exceptions listed in section 182.054 apply. You inform us the city's primary source of water is not a sole-source designated aquifer. Accordingly, the city must withhold the volume of utility usage we have marked under section 552.101 of the Government Code in conjunction with section 182.052 of the Utilities Code. However, the remaining responsive information consists of the customer's name. Thus, this information does not constitute personal information, information relating to volume or units of utility usage, or the amounts billed to or collected from an individual for utility usage. Accordingly, none of the remaining responsive information is subject to section 182.052, and the city may not withhold it under section 552.101 on that basis. As you raise no further exceptions to disclosure, the remaining responsive 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,

Jennifer Luttrall

Assistant Attorney General

Open Records Division

JL/dls

Ref: ID# 445415

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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