April 3, 2012

Mr. Tuan Nguyen

Staff Attorney

Houston Police Department

1200 Travis

Houston, Texas 77002-6000

OR2012-04782

Dear Mr. Nguyen:

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# 453771 (OR#12-1315).

The Houston Police Department (the "department") received a request for information related to a specified incident number. You claim the requested information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the information you submitted.

We note the requested information was the subject of a previous request for a ruling by the department, in response to which this office issued Open Records Letter No. 2011-17035 (2011). In that ruling, we concluded the department may withhold the requested information under section 552.108(a)(2) of the Government Code, except for basic information under section 552.108(c), which must be released. You do not indicate there has been any change in the law, facts, and circumstances on which the previous ruling is based. We therefore conclude the department must dispose of the requested information in accordance with Open Records Letter No. 2011-17035. ⁽¹⁾ See Open Records Decision No. 673 at 6-7 (2001) (listing elements of first type of previous determination under Gov't Code § 552.301(a)).

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,

James W. Morris, III

Assistant Attorney General

Open Records Division

JWM/em

Ref: ID# 453771

Enc: Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. As we are able to make this determination, we need not address your claim under section 552.108 of the Government Code.

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