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John Cornyn

March 16, 1999

Mr. Burk Roberts
City Attorney
Roberts & Roberts, L.L.P
P.O. Box P
Killeen, Texas 76540


Dear Mr. Roberts:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 122744.

The City of Harker Heights (the "city") received a request for a police report. You seek to withhold the requested records under sections 552.101 and 552.108 of the Government Code.

Section 552.101 requires withholding, inter alia, information made confidential by statute. Section 58.007(c) of the Family Code 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 to their confidentiality, the city must withhold the requested records in their entirety under section 58.007(c) of the Family Code. Since we have disposed of this request under section 58.007(c), we need not address your claim under section 552.108.

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#122744

Enclosures: Submitted documents

cc: Ms. Jeannie Daniel
1605 Ute
Harker Heights, Texas 76548
(w/o enclosures):


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