TITLE attorney-general

Open Records Decision

(ORD-659)(ID# 120980) Mr. Wayne Scott Executive Director Texas Department of Criminal Justice P.O. Box 13084 Austin, Texas 78711 Open Records Decision No. 659 Re: Whether communications made in a victim-offender mediation session are confidential under section 154.073 of the Civil Practice and Remedies Code. (ORQ-29)

S U M M A R Y The victim-offender mediation conducted by the Texas Department of Criminal Justice is not mediation as contemplated by chapter 154 of the Civil Practice and Remedies Code because the victim and offender are engaged in a healing process rather than attempting to resolve a dispute. Therefore, communications made during the victim-offender mediation are not confidential under §154.073. However, the participants' communications and records of the victim-offender mediation may be protected from public disclosure by common-law privacy as encompassed by §552.101 of the Government Code.

TRD-9905188

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: August 16, 1999


(ORD-660)(ORQ-14) The Honorable Carl E. Lewis County Attorney Nueces County Courthouse 901 Leopard, Room 206 Corpus Christi, Texas 78401-3680 Open Records Decision No. 660 Re: Whether section 52(a) of article III of the Texas Constitution prohibits the Port of Corpus Christi from complying with a request under chapter 552 of the Government Code for a computer version of a digital map of the Port of Corpus Christi and related questions (ORQ-14)

S U M M A R Y Section 52(a) of Article III of the Texas Constitution does not prohibit the Port of Corpus Christi Authority from releasing a computer generated digital map, created by the Port with public funds, in response to a request made under chapter 552 of the Government Code. Furthermore, the Federal Copyright Act may not be used to deny access to or copies of the public information under the Public Information Act when the governmental body owns the copyright. We conclude, however, that, while the Public Information Act requires the Port to provide access to or copies of public information, the Port may place reasonable restrictions on the use of its copyrighted works consistent with the rights of a copyright owner under the FCA.

TRD-9905212

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: August 17, 1999


Requests for Opinions

RQ-0093 Requested by: The Honorable Edwin E. Powell, Jr. Coryell County Attorney 113 South Seventh Street Gatesville, Texas 76528 Re: Meaning of the term "initially" for purposes of collecting fees under section 51.702, Government Code (Request Number 0093-JC) Briefs requested by September16, l999

RQ-0094 Requested by: The Honorable Edwin E. Powell, Jr. Coryell County Attorney 113 South Seventh Street Gatesville, Texas 76528 Re: Allocation of fees collected by a county under section 51.702, Government Code (Request Number 0094-JC) Briefs requested by September 16, 1999

RQ-0095 Requested by: The Honorable Stephen H. Smith 119th Judicial District Attorney 124 West Beauregard San Angelo, Texas 76903 Re: Whether a county is required to meet certain requirements regarding the salary of a county court-at-law judge (Request Number 0095-JC) Briefs requested by September 16, l999

RQ-0096 Requested by: The Honorable Debra Danburg Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an ad hoc intergovernmental working group is subject to the Open Meetings Act, chapter 551, Government Code (Request Number 0096-JC) Briefs requested by September 18, l999

RQ-0097 Requested by: Mr. Steven G. Moore McLennan County Auditor 214 North Fourth Street, Suite 100 Waco, Texas 76701-1366 Re: Disposition of moneys received from interest earned on motor vehicle inventory tax escrow funds under section 26.122, Tax Code (Request Number 0097-JC) Briefs requested by September18, l999

RQ-0098 Requested by: The Honorable Tim Curry Tarrant County Criminal District Attorney Justice Center 401 West Belknap Fort Worth, Texas 76196-0201 Re: Whether a governmental body may permit members of the public to comment on items not specified on the posted agenda, and related questions (Request Number 0098-JC) Briefs requested by September 18, l999

RQ-0099 Requested by: Mr. Robert A. Swerdlow, Ph.D. Chair, Texas Council on Purchasing from People with Disabilities P.O. Box 13047 Austin, Texas 78711-3047 Re: Whether the Texas Council on Purchasing from People with Disabilities may engage in lobbying (Request Number 0099-JC) Briefs requested by September 18, l999

RQ-0100 Requested by: Mr. Charles W. Heald, P.E. Executive Director Texas Department of Transportation 125 East 11th Street Austin, Texas 78701-2483 Re: Whether a county may bid on state highway maintenance contracts (Request Number 0100-JC) Briefs requested by September 19, l999

RQ-0101 Requested by: The Honorable Eddie Lucio, Jr. Chair, Special Committee on Border Affairs Texas Senate P.O. Box 12068 Austin, TX 78711 Re: Whether the term "national park" as used in article 2.122, Code of Criminal Procedure, includes other federal park designations (Request Number 0101-JC) Briefs requested by September 19, l999

TRD-9905262

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: August 18, 1999