March 20, 2012

Ms. Jo Spurger

Administrative Assistant

Somervell County Sheriff's Office

750 East Gibbs Boulevard

Glen Rose, Texas 76043

OR2012-04060

Dear Ms. Spurger:

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# 448121.

The Somervell County Sheriff's Office (the "sheriff's office") received a request for a daily or weekly copy of the county's inmate intake report, including the names, charges, arrest dates, and mugs shots of individuals arrested. We have considered your submitted arguments.

You state the requested information did not exist at the time the request was received. Additionally, you state, and we agree, the present request for information constitutes a standing request for information. We note that in responding to a request for information under the Act, a governmental body is not required to disclose information that did not exist at the time the request was received or comply with a standing request to provide information on a periodic basis. See Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266 (Tex. Civ. App.--San Antonio 1978, writ dism'd); Open Records Decision Nos. 605 at 2 (1992), 563 at 8 (1990), 555 at 1-2 (1990). Accordingly, we conclude the sheriff's office is not required to comply with this request for information and need not release any information to the requestor in response to this request.

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,

Vanessa Burgess

Assistant Attorney General

Open Records Division

VB/dls

Ref: ID# 448121

No enclosures

c: Requestor

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