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.

Open Records Decision

ORD-651. Mr. Max J. Werkenthin, Office of
 the General Counsel, The University of Texas System, 201 West Seventh Street,
 Austin, Texas 78701-2981, concerning whether research data produced by 
university
 faculty is "public information" subject to the Open Records Act, Gov't Code,
 Chapter 552 (RQ-752).


SUMMARY. Research data produced by university
 faculty pursuant to a contract between the university and a third party is
 information that is collected, assembled, or maintained by a governmental
 body and that is connected to the transaction of official business. 
Consequently,
 the data is public information subject to the Open Records Act, Government
 Code chapter 552. Section 51.914(1) of the Education Code deems confidential
 "scientific information . . . developed in whole or in part at a state 
institution
 of higher education" if the information has "a potential for being sold,
 traded, or licensed for a fee." Whether particular scientific information
 has a potential for being sold, traded, or licensed for a fee is a question
 requiring the resolution of fact issues. This office will therefore rely
 on the university's assertion that some of the requested information has
 this potential. Accordingly, the university must withhold certain of the
 requested information under section 51.914(1) of the Education Code as applied
 through section 552.101 of the Government Code.


ORD-652. Mr. Kevin McCalla, Director, Legal
 Division, Texas Natural Resource Conservation Commission, P.O. Box 13087,
 Austin, Texas 78711-3087, concerning whether Health and Safety Code, 
sec.382.041
 supplants common law trade secret protection for certain information filed
 with the commission and related questions (ORQ-2).


SUMMARY. Section 382.041 of the Health and
 Safety Code protects information submitted to the Texas Natural Resource
 Conservation Commission (the "commission") if a prima facie case is established
 that the information is a trade secret under the definition set forth in
 the Restatement of Torts, and if the information was identified as confidential
 by the submitting party when it was submitted to the commission. When an
 attorney general decision is requested regarding the application of section
 382.041, this office will make a determination based on a review of the
 information  at issue and any information submitted by the commission or
 any third parties. Section 552.110 of the Government Code may also except
 the information from required public disclosure if a governmental body or
 third party establishes that the information is a trade secret or commercial
 or financial information.


ORD-653. Ms. Mary Keller, Senior Associate
 Commissioner, Texas Department of Insurance, P.O. Box 149104, Austin, Texas
 78714-9104, concerning scope of the term "underwriting guidelines" for purposes
 of Article 1.24D of the Insurance Code; whether Article 17.22 of the Insurance
 Code exempts county mutual insurance companies from the application of Article
 1.24D (ORQ-3).


SUMMARY. Article 1.24D of the Insurance Code
 does not make confidential the underwriting guidelines of the county mutual
 insurance companies.


TRD-9704343