September 22, 1999







Ms. Lois Cochran

Records Coordinator

The City of Cleburne

P.O. Box 677

Cleburne, Texas 76033-0677



OR99-2672



Dear Ms. Cochran:



You have asked whether certain information is subject to required public disclosure under the Texas Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 129553.



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." Gov't Code  552.108(a)(1). You inform us that the requested information pertains to a pending case. We therefore believe that the release of the information "would interfere with the detection, investigation, or prosecution of crime." Id.



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 Publ'g 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, you may withhold the requested information from disclosure based on section 552.108(a)(1). We note that you have the discretion to release all or part of the remaining information that is not otherwise confidential by law. Gov't Code  552.007.



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.



Sincerely,







William Walker

Assistant Attorney General

Open Records Division



WMW/ch



Ref: ID# 129553



Encl. Submitted documents



cc: Mr. K. Robinson

Robinson & Robinson

P.O. Box 101294

Fort Worth, Texas 76185

(w/o enclosures)