November 13, 2012

Mr. Stanton Strickland

Associate Commissioner

Legal Section

General Counsel Division

Texas Department of Insurance

P.O. Box 149104, Mail Code 110-1A

Austin, Texas 78714-9104

OR2012-18241

Dear Mr. Strickland:

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# 475156 (TDI# 132776).

The Texas Department of Insurance (the "department") received a request for the insurance provider information for a named individual. You claim the submitted 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.

We note you seek to withhold insurance information found in the TexasSure database, which consists of information received from insurance companies and participating state agencies. In Open Records Letter No. 2012-17108 (2012), this office issued a previous determination to the department authorizing it to withhold information received from insurance companies pursuant to section 601.454(a) of the Transportation Code that is contained in the TexasSure database under section 552.101 of the Government Code in conjunction with section 601.454(c) of the Transportation Code without requesting a decision from this office. See Gov't Code § 552.301(a); Open Records Decision No. 673 (2001) (listing elements of second type of previous determination under section 552.301(a) of the Government Code). Accordingly, the department must withhold the submitted information in accordance with the previous determination issued in Open Records Letter No. 2012-17108.

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,

Paige Lay

Assistant Attorney General

Open Records Division

PL/tch

Ref: ID# 475156

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

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