In Attorney General Opinion GA-0519, we opined that the social security number ("SSN") of a living person is confidential and subject to mandatory exception from required disclosure under section 552.147(a) of the Public Information Act ("PIP"). See generally Tex. Att'y Gen. Op. No. GA-0519 (2007). As we stated in our opinion, " ... Texans have a legitimate expectation that their SSNs will be kept confidential." See id. at 5. The plain text and legislative history of TEX. GOV'T CODE ANN. Section 552.147 (Vernon Supp. 2006), coupled with numerous other state and federal statutes, all clearly protect the confidentiality of SSNs, and thereby prohibit governmental bodies from disclosing SSNs under the PIA.

Immediately after the opinion was issued, legislative leaders contacted this office with serious concerns about logistical implications surrounding the rapid implementation of statutorily-mandated SSN confidentiality. Complex problems were faced by county clerks responsible for decades-old documents that are frequently laden with SSNs. Some clerks were left grappling with transitioning to a law that ensures SSNs are always kept confidential. The real-world consequence was a virtual halt to a tremendous amount of business and commerce in Texas. In response to these problems, a number of legislators have stated their intention to take immediate action to address the issues and conclusions discussed in Opinion No. GA-0519.

In light of these developments, I hereby abate Opinion No. GA-0519 for a period of 60 days in order to allow the Legislature ample time for thorough deliberation and action. During the time of this abeyance, Opinion No. GA-0519 will have no force or effect.

Sincerely,

Greg Abbott

Attorney General of Texas

TRD-200700806

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 28, 2007

Opinion No. GA-0519

The Honorable Roy Cordes, Jr.

Fort Bend County Attorney

301 Jackson Street, Suite 728

Richmond, Texas 77469-3108

Re: Release and redaction of social security numbers under the Public Information Act, section 552.147 of the Government Code (RQ-0418-GA)

S U M M A R Y

The social security number ("SSN") of a living person is confidential and subject to mandatory exception from required disclosure under section 552.147(a) of the Public Information Act ("PIA"). Distributing confidential information under the PIA is a criminal offense. Section 552.147(b) of the PIA provides an administrative procedure by which a governmental body may redact confidential SSNs from public information without first obtaining an attorney general decision.

The confidentiality of SSNs of living persons under 552.147 of the PIA applies to all county clerk records subject to the PIA.

Section 552.147 of the PIA does not authorize a county clerk to redact SSNs from original documents maintained in the clerk's records.

When a county clerk redacts a SSN from a copy of a document maintained by the clerk's office, the clerk may label the copy as a "certified copy," but such certification must reflect that SSNs have been redacted.

Prior to posting a record on the Internet, the clerk must redact the SSNs of living persons from any record subject to the PIA.

For purposes of section 552.147 of the PIA, a governmental body may presume that a requested SSN belongs to a living person unless the facts before the governmental body show otherwise.

Opinion No. GA-0520

The Honorable Kim Brimer

Chair, Committee on Administration

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether a municipality that operates a pool slide at its municipal swimming pool must purchase insurance in compliance with the Amusement Ride Safety Inspection and Insurance Act, chapter 2151 of the Occupations Code, although the municipality's liability is limited by the Texas Tort Claims Act, chapter 101 of the Civil Practice and Remedies Code (RQ-0519-GA)

S U M M A R Y

A municipality is a person for purposes of the Amusement Ride Safety Inspection and Insurance Act (the "Act"), Occupations Code chapter 2151. Whether a particular pool slide is an amusement ride subject to the Act and whether the slide is a Class A or Class B amusement ride is for the Commissioner of Insurance to determine in the first instance.

A municipality that operates a pool slide determined to be a Class B amusement ride under the Act must purchase insurance coverage only in an amount sufficient to cover the municipality's potential liability under the Texas Tort Claims Act, Civil Practice and Remedies Code, chapter 101. Compare TEX. OCC. CODE ANN. §2151.002(1), §2151.101(a) (Vernon Supp. 2006) (requiring persons who operate amusement rides to purchase insurance in specified amounts), with TEX. CIV. PRAC. & REM. CODE ANN. §101.023(c) (Vernon 2005) (limiting a municipality's liability in certain circumstances).

Opinion No. GA-0521

The Honorable Susan D. Reed

Bexar County Criminal District Attorney

300 Dolorosa, Fifth Floor

San Antonio, Texas 78205-3030

Re Whether funds collected by a county clerk as part of the records management and preservation fee may be used to purchase certain archival records (RQ-0525-GA)

S U M M A R Y

The records management and preservation fee described by section 118.011 of the Local Government Code may not be used to purchase original records that are not currently in the possession of the county clerk. The use of the fee is restricted to "records management and preservation services performed by the county clerk after the filing and recording of a document in the records of the office of the clerk." TEX. LOC. GOV'T CODE ANN. §118.0216(a) (Vernon Supp. 2006).

Opinion No. GA-0522

The Honorable Tim Curry

Tarrant County Criminal District Attorney

401 West Belknap Street

Fort Worth, Texas 76196-0201

Re: Legal and tax status of land and improvements leased by a development corporation--created under Texas Revised Civil Statutes article 5190.6, section 4B--to private commercial enterprises and used for private commercial purposes (RQ-0490-GA)

S U M M A R Y

Under the terms of section 4B(k) of article 5190.6, Texas Revised Civil Statutes (the "Act"), land and improvements for the specifically listed purposes in section 4B(a)(2) of the Act constitute projects eligible for tax exemptions. Additionally, any other land and improvements that the Westworth Redevelopment Authority's (the "Authority") board of directors determines promote or develop business enterprises in accordance with section 4B(a)(3) of the Act are such eligible projects. But whether a particular property or improvement constitutes a "project" under the section 4B(a) standards is a question of fact. The Act grants the Authority's board of directors the discretion to make that determination in the first instance subject to judicial review for abuse of discretion.

Under the terms of section 4B(k) of the Act, projects used for private commercial purposes would be eligible for tax exemption. A court could determine that section 4B(k), when applied to exempt from ad valorem taxes such projects that do not meet the established public purpose use test, is unconstitutional as applied.

The Tax Code permits the Tarrant County Appraisal District and a taxing unit in which a particular property designated by the Authority as a section 4B(k) project is located to challenge the property's tax-exempt status.

For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200700786

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 28, 2007