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
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
Requests for Opinions