|Office of the Attorney General - State of Texas
March 31, 1999
Ms. Lydia L. Perry
Dear Ms. Perry:
On behalf of the Coppell Independent School District (the "district"), you ask us to clarify Open Records Letter No. 98-3234 (1998). Your request for clarification was assigned ID# 123087.
The district received two requests for information relating to the rental of district facilities. The City of Coppell Police Department (the "department") received a similar request for information. Prior to receiving the requests for information, the district forwarded its responsive information to the department for investigation. Both the district and the department sought to withhold their responsive information from disclosure and requested a ruling from this office. The department submitted a representative sample of the information at issue to this office for review, and we considered the department's submission in conjunction with both requests for rulings. In our ruling to the district, we concluded that with the exception of the basic information in the offense report, the district could withhold the information at issue from disclosure pursuant to section 552.103 of the Government Code. ORL 98-3234 at 2.
You now inform us that the district does not possess a copy of the offense report and, therefore, should not be required to release basic front page offense report information. You argue that the responsive information in the district's possession should be excepted from disclosure in its entirety under section 552.103. The information in the district's possession, a representative sample of which you have submitted for our review,(1) consists of rental records for district facilities. Based on the reasoning in Open Records Letter No. 98-3234, we agree that the district may withhold this information from disclosure in its entirety under section 552.103.(2) Open Records Letter No. 98-3234 is overruled to the extent that it requires the district to release basic front page offense report information.
If you have any questions about this ruling, please contact our office.
Karen E. Hattaway
Ref: ID# 123087
Enclosures: Submitted documents
cc: Mr. R.G. Harrell
Mr. Curtis Howell
1. We assume that the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.
2. Generally, once information has been obtained by all parties to the litigation through discovery or
otherwise, no section 552.103 interest exists with respect to that information. Open Records Decision Nos.
349 (1982), 320 (1982). We also note that the applicability of section 552.103 ends once the litigation has
concluded. Attorney General Opinion MW-575 (1982); Open Records Decision No. 350 (1982).
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US