 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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June 18, 2012 Mr. R. Brooks Moore Managing Counsel, Governance The Texas A&M University System 301 Tarrow Street, Sixth Floor College Station, Texas 77840-7896 OR2012-09331 Dear Mr. Moore: 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# 456704 (SO-12-026). Texas A&M University (the "university") received a request for "all documents/bids submitted for Request for Production #B001535[.]" Although the university takes no position as to whether the requested information is excepted under the Act, you state release of this information may implicate the proprietary interests of third parties. Accordingly, you notified Buckalew Media, Inc.; Castleview Productions; Eyecon Video Productions; Jet Learning Laboratory, Inc.; Sue Abrams Productions, L.L.C.; and Sun Mountain Media of the request and of their right to submit arguments to this office as to why their information should not be released. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (1990) (determining statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception to disclosure under Act in certain circumstances). We have reviewed the submitted information. An interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why information relating to that party should be withheld from public disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, we have not received comments from any of the interested third parties explaining why their information should not be released. Therefore, we have no basis to conclude these companies have a protected proprietary interest in the submitted information. See id. § 552.110; Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret), 542 at 3. Accordingly, the university may not withhold any of the information at issue on the basis of any proprietary interest these companies may have in it. As no exception to disclosure has been raised, the 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# 456704 Enc. Submitted documents c: Requestor (w/o enclosures) Mr. Bob Buckalew Buckalew Media, Inc. 11675 Jollyville Road, Suite 100 Austin, Texas 78759 (w/o enclosures) Mr. Ted C. Barnhill Castleview Productions 1100 West 41st Street Austin, Texas 78756 (w/o enclosures) Mr. Greg Coon Eyecon Video Productions 2520 K Avenue #700-743 Plano, Texas 75074 (w/o enclosures) Mr. Rube Williams, Jr. Jet Learning Laboratory, Inc. P.O. Box 52190 Houston, Texas 77052 (w/o enclosures) Ms. Sue Abrams Sue Abrams Productions, L.L.C. 2709 Prestonwood Drive Plano, Texas 75093 (w/o enclosures) Mr. Martin Sonnenberg Sun Mountain Media 2500 Wilson Boulevard, Suite 330 Arlington, Virginia 22201 (w/o enclosures)
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |