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John Cornyn

March 5, 1999

Ms. Bernadette Gonzalez
Fort Bend Independent School District
16431 Lexington Boulevard
Sugar Land, Texas 77479


Dear Ms. Gonzalez:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 122690.

The Fort Bend Independent School District (the "district") received a request for a report of an investigation by commissioned peace officers employed by the district. You seek to withhold the requested information under section 552.108 of the Government Code.

We do not address your section 552.108 claim because we believe that the requested information is confidential in its entirety under section 552.101 of the Government Code in conjunction with section 58.007(c) of the Family Code. Section 552.101 requires withholding, inter alia, information made confidential by statute. Section 58.007(c) provides in pertinent part:

(c) Except as provided 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.

Since the records at issue are juvenile law enforcement records, and there appear to be no applicable exceptions here to their confidentiality, you must withhold the information in its entirety pursuant to section 58.007(c).

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.


William Walker
Assistant Attorney General
Open Records Division


Ref: ID# 122690

Enclosures: Submitted documents

cc: Mr. Dan B Gerson
Attorney at Law
440 Louisiana Street-Suite 2100
Houston Texas 77002
(w/o enclosures)


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