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John Cornyn

February 8, 1999

Ms. Rachel Ponder
Assistant City Attorney
P.O. Box 1000
Bryan, Texas 77805


Dear Ms. Ponder:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID # 122125.

The Bryan Police Department (the "department") received a request for records pertaining to an investigation of a burglary committed by minors. You content that the requested information must be withheld in its entirety pursuant to section 58.007(c) of the Family Code in conjunction with section 552.101 of the Texas Government Code. We have considered the exception you claim and have reviewed the documents at issue.

Section 552.101 excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Release of the requested information is governed by section 58.007 of the Family Code.

Family Code section 58.007(c) reads as follows:

(c) Except as provide by Subsection (d), law enforcement records and files concerning a child may not be disclosed to the public and shall be:

(1) kept separate from adult files and records; and

(2) maintained on a local basis only and not sent to a central, state or federal depository, except as provided by Subchapter B.

Here, the requested information involves juvenile conduct subject to section 58.007(c). As none of the exceptions in section 58.007 applies, the requested information is confidential pursuant to section 58.007(c) of the Family Code. Thus, you must withhold the requested information under section 552.101 of the Government Code.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

David Van Brunt Price
Assistant Attorney General
Open Records Division


Ref: ID# 122125

Enclosures: Submitted documents

cc: Ms. Lisa Jackson
Allstate Insurance
8675 Freeport
Irving, Texas 75063
(w/o enclosures)


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