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

January 21, 1999

Ms. Kristi A. Taylor
Assistant City Attorney
Neiman & Barnes, L.L.P.
386 W. Main
Lewisville, Texas 75067

OR99-0183

Dear Ms. Taylor:

You have asked whether certain information is subject to required public disclosure under the Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 123030.

You assert that the requested information is excepted from disclosure based on section 552.108 of the Government Code. 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 and also if the information relates "to an investigation that did not result in conviction or deferred adjudication." Gov't Code 552.108(a)(1), (a)(2). You inform us that portions of the requested information pertain to pending cases. We therefore believe that the release of that information "would interfere with the detection, investigation, or prosecution of crime." Id., 552.108 (a)(1). You also state that portions of the requested information pertain to cases that did not result in conviction or deferred adjudication. Thus, section 552.108 (a)(2) excepts this information from disclosure.

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 and arrest information, the department may withhold the requested information from disclosure based on section 552.108(a)(1), (2).

We are resolving this matter with this 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 may 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,

Ruth H. Soucy
Assistant Attorney General
Open Records Division

RHS/ch

Ref.: ID# 123030

Enclosures: Submitted documents

cc: Mr. Norbert Ueberschaar
1108 Babbling Brook Lane
Lewisville, Texas 75067
(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


Home | ORLs