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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
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November 20, 2012

Mr. Nick Lealos

Office of Agency Counsel

Legal Section MC 110-1A

Texas Department of Insurance

P.O. Box 149104

Austin, Texas 78714-9104

OR2012-18696

Dear Mr. Lealos:

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# 471691 (TDI# 131480).

The Texas Department of Insurance (the "department") received a request for the insurance policies for a named individual. 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.

We note you seek to withhold the requested information under section 601.454 of the Transportation Code because it is contained in the TexasSure database. In Open Records Letter No. 2012-17108 (2012), this office issued a previous determination to the department authorizing the department to withhold information received from insurance companies pursuant to section 601.454(a) of the Transportation Code that is contained in the TexasSure database, without requesting a decision form 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 requested information under section 552.101 of the Government Code in conjunction with section 601.454(c) of the Transportation Code in accordance with the previous determination issued to the department 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,

Kathleen J. Santos

Assistant Attorney General

Open Records Division

KJS/dls

Ref: ID# 471691

Enc. Submitted documents

c: Requestor

(w/o enclosures)

 

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer


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