Open Records Decision No. 670
ORQ-56 (ID# 140643)
February 5, 2001
Mr. G. Chadwick Weaver, First Assistant City Attorney, City of Midland,
300 N. Loraine, Rm. 320, P.O. Box 1152, Midland, Texas 79702-1152
Re: What information is excepted under section 552.117(2) of the Government
Code and whether a governmental body may withhold the information without
requesting a decision from the Attorney General.
Summary
: All governmental bodies covered
by the Public Information Act may withhold the home address, home telephone
number, personal cellular phone number, personal pager number, social security
number, and information that reveals whether the individual has family members,
of any individual who meets the definition of "peace officer" set forth in
article 2.12 of the Texas Code of Criminal Procedure or "security officer"
in section 51.212 of the Texas Education Code, without the necessity of requesting
an Attorney General decision as to whether the exception under section 552.117(2)
applies. This decision as to this type of information is a "previous determination"
under section 552.301(a) of the Act.
TRD-200100789
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 7, 2001
ORQ-57 (ID# 137887)
February 5, 2001
No requestor. Issued under authority of section 552.011 of the Government
Code.
Re: The Ellis County District Clerk currently produces a weekly index report
that is available to the public and contains certain categories of information
about the cases in District Court. The District Clerk has received a request
for additional categories of information to be included in the weekly index
report. Complying with the request would require the District Clerk to make
data manipulation changes to a computer database, which contains the additional
categories of information. The issues presented are thus (1) whether the request
at issue constitutes a request for public information under the Public Information
Act (i.e., whether the information at issue is "public information" as defined
in section 552.002 of the Government Code or is information of the judiciary
that is thereby excluded from the requirements of the Public Information Act
by section 552.0035 of the Government Code) and (2) whether the Public Information
Act requires the District Clerk to make data manipulation changes to produce
the requested information.
Summary
: The information contained in the
weekly index reports produced by the Ellis County District Clerk's office
is derived from a case disposition database that is "collected, assembled,
or maintained . . . for the judiciary." Gov't Code § 552.0035(a). Therefore,
the information contained in weekly index reports is not public information
under the Act. The Act imposes no statutory duty on the District Clerk to
add categories of information to the weekly index reports.
TRD-200100790
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 7, 2001
ORQ-58 (ID# 141497)
February 5, 2001
The Honorable Elton Bomer, Secretary of State of Texas, P.O. Box 12697,
Capitol Station, Austin, Texas 78711
Re: Whether section 521.044 of the Transportation Code prohibits the Texas
Department of Public Safety ("DPS") from including an individual's social
security number in the categories of information that DPS provides to the
Secretary of State pursuant to section 62.001 of the Government Code.
Summary
: Subsection (a) of section 521.044
of the Transportation Code authorizes the use and disclosure of social security
numbers that appear on driver's license applications in the custody of the
Texas Department of Public Safety ("DPS") only to (1) the child support enforcement
division of the Attorney General's office, or (2) another state entity responsible
for enforcing the payment of child support. Subsection (f) of section 62.001
of the Government Code requires DPS to furnish social security numbers in
its possession to the Secretary of State on or before the first Monday of
October of each year for the purpose of reconstituting the jury wheel. Because
the two statutes are irreconcilable and because subsection (f) of section
62.001 of the Government Code is the later-enacted provision, it prevails
as an exception to subsection (a) of section 521.044 of the Transportation
Code.
TRD-200100791
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 7, 2001
RQ-0340-JC
Mr. Gary L. Warren, Sr., Executive Director Texas Commission on Fire Protection
12015 Park 35 Circle, Building F, Suite 570 Austin, Texas 78755
Re: Use of unexpended balances in the Loan Repayments Revolving Fund of
the Commission on Fire Protection (Request No. 0340-JC)
Briefs requested by March 1, 2001
RQ-0341-JC
The Honorable Michael P. Fleming Harris County Attorney 1019 Congress Avenue,
15th Floor Houston, Texas 77002-1700
Re: Validity of an eligibility and financial assistance policy under consideration
by the Harris County Hospital District (Request No. 0341-JC)
Briefs requested by February 28, 2001
RQ-0342-JC
The Honorable Frank Madla Chair, Intergovernmental Relations Texas State
Senate P.O. Box 12068 Austin, Texas 78711-2068
Re: Whether a governmental body in a groundwater conservation district
with a population of less than 50,000 may appoint one of its own members to
the district board (Request No. 0342-JC)
Briefs requested by February 28, 2001
For further information, please call 512 463-2110.
TRD-200100812
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: February 7, 2001
Open Records Decision No. 671
Open Records Decision No. 672
Request for Opinions