|Office of the Attorney General - State of Texas
March 5, 1999
Ms. Bernadette Gonzalez
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.
Ref: ID# 122690
Enclosures: Submitted documents
cc: Mr. Dan B Gerson
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US