Click for home page Office of the Attorney General - State of Texas
John Cornyn
image
 

January 12, 1999

Ms. Lilia Ledesma
Assistant City Attorney
City of McAllen
P.O. Box 220
McAllen, Texas 78505-0220

OR99-0092

Dear Ms. Ledesma:

You ask whether certain information is subject to required public disclosure under the Texas Open Records Act (the "act"), chapter 552 of the Government Code. Your request was assigned ID# 121186.

The City of McAllen (the "city") received a request for a specified offense report. In response to the request, you submit to this office for review a copy of the information at issue. You assert that the requested information is excepted from disclosure based on section 552.108 of the Government Code. We have considered the exception you claim and have reviewed the documents at issue.

Section 552.108 of the Government Code states that information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from required public disclosure "if release of the information would interfere with the detection, investigation, or prosecution of crime." Gov't Code 552.108(a)(1). You inform us that the requested information pertains to a pending and ongoing investigation. We therefore believe that the release of the information "would interfere with the detection, investigation, or prosecution of crime."

However, section 552.108 is inapplicable to basic information about an arrested person, an arrest, or a crime. Gov't Code 552.108(c). We believe such basic information refers to the information held to be public in Houston Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. --Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Thus, with the exception of the basic front page offense information, the city may withhold the requested information from disclosure based on section 552.108(a)(1).(1)

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

Sam Haddad
Assistant Attorney General
Open Records Division

SH/NC

Ref.: ID# 121186

Enclosures: Submitted documents

cc: Mr. Michael J. Relko
3216 West Tulipan Street
Mission, Texas 78501
(w/o enclosures)


 

Footnotes

1. The city also has discretion to release all or part of this information that is not otherwise confidential by law. Gov't Code 552.007.
 

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


Home | ORLs