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February 12, 1999

Mr. Marcos Hernandez, Jr.
Hays County District Attorney
Hays County Justice Center
110 E. Martin Luther King
San Marcos, Texas 78666

OR99-0444

Dear Mr. Hernandez:

You ask whether certain information is subject to required public disclosure under the Texas Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 119523.

On August 21, 1998, you sought an open records decision from this office on behalf of the Hays County Sheriff (the "sheriff") regarding an open records request for records pertaining to any calls for service to which the sheriff's officers responded at a particular address in Dripping Springs, Texas. We note at the outset that section 552.306(a) of the Government Code requires the Office of the Attorney General to "promptly render a decision requested under this subchapter." Specifically, section 552.306(a) provides:

The attorney general shall render the decision not later than the 60th working day after the date the attorney general received the request for a decision. If the attorney general is unable to issue the decision within the 60-day period, the attorney general may extend the period for issuing the decision by an additional 20 working days by informing the governmental body and the requestor, during the original 60-day period, of the reason for the delay.

Our records reflect that, in accordance with section 552.306(a), this office informed both you and the requestor that a ruling would not be issued within the initial 60-day time period. The prior administration of this office, however, subsequently failed to timely issue its ruling regarding this matter, leaving it for my administration. Consequently, we are issuing this ruling at this time.

Attached to this letter ruling, and incorporated herein for purposes of section 552.301 of the Government Code, is an October 12, 1998 draft of the Open Record Division's conclusions regarding the public nature of the information at issue. We note that the sheriff also received two additional open records requests, not addressed in the attached draft ruling, that are similar to the original request. You indicate that the information responsive to these two requests consists of the same information responsive to the request addressed in the attached draft, which concludes that the information at issue is public. We therefore conclude that you must also release the information at issue to the other two requestors.

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,

John Cornyn
Attorney General of Texas

JC/RWP/nc

Ref.: ID# 119523

Enclosures: Submitted documents

October 12, 1998 draft

cc: Mr. Clay Robison
Austin Bureau Chief
Houston Chronicle
1005 Congress Avenue, Suite 770
Austin, Texas 78701
(w/o enclosures)

Mr. Carlos Sanchez
Reporter
Fort Worth Star-Telegram
1005 Congress, Suite 920
Austin, Texas 78701
(w/o enclosures)

Ms. Christi Hoppe
Staff Writer
The Dallas Morning News
Austin Bureau
1005 Congress, Suite 930
Austin, Texas 78701
(w/o enclosures)


 

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