ATTORNEY GENERAL
Under provisions set out in the Texas Constitution, the Texas Government Code, 
Title 4,  402.042  and 
numerous statutes, the attorney general is authorized to write advisory opinions 
for state and local officials. 
These advisory opinions are requested by agencies or officials when they are 
confronted with unique or 
unusually difficult legal questions. The attorney general also determines, under 
authority of the Texas Open 
Records Act, whether information requested for release from governmental 
agencies may be held from public 
disclosure. Requests for opinions, opinions, and open record decisions are 
summarized for publication in the 
Texas Register. The Attorney General responds to many requests for opinions and 
open records decisions 
with letter opinions. A letter opinion has the same force and effect as a formal 
Attorney General Opinion, and 
represents the opinion of the Attorney General unless and until it is modified 
or overruled by a subsequent 
letter opinion, a formal Attorney General Opinion, or a decision of a court of 
record. To request copies of 
opinions, phone (512) 462-0011. To inquire about pending requests for opinions, 
phone (512) 463-2110.
Office of the Attorney General
Open Records Decision
ORD-0647(ORQ-4) Request from Rick Perry,
Commissioner, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711, concerning whether attorney work product regarding civil litigation
may be excepted from disclosure under Government Code, Chapter 552, once
the  litigation for which the requested information was created has concluded. 
Summary of Decision During the pendency of
civil litigation, a governmental body may  withhold attorney work product
under sections 552.103 or 552.111 of the  Government Code. Once civil litigation
has concluded, attorney work product  may be withheld under section 552.111
if it was 1) created for trial or in  anticipation of civil litigation, and
2) consists of or tends to reveal an  attorney's mental processes, conclusions
and legal theories.  

TRD-9613625