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John Cornyn

April 1, 1999

Ms. Jennifer Soldano
Associate General Counsel
Texas Department of Transportation
125 East 11th Street
Austin, Texas 78701-2483


Dear Ms. Soldano:

You ask this office to reconsider its ruling in Open Records Letter No. 99-0691 (1999). Your request was assigned ID# 124728.

The Department of Transportation received a request for information pertaining to certain parcels of real estate that are subject to acquisition by the state in connection with a highway construction project. The department sought to withhold portions of the responsive information under section 552.105 of the Government Code. Open Records Letter No. 99-0691 (1999) concluded that the department had not established the applicability of section 552.105 to the information at issue.

In your request for reconsideration, you provide further explanation of the basis of your claim under section 552.105. In our opinion, however, you have not raised any arguments or submitted any information that you could not have provided in your original request for the decision of this office. See Gov't Code 552.301 (governmental body's arguments for withholding information to be submitted to attorney general not later than the 15th business day after receiving the request for information). We therefore affirm Open Records Letter No. 99-0691 (1999). If you have questions about this ruling, please contact our office.


William Walker
Assistant Attorney General
Open Records Division


Ref.: ID# 124728

Encl: Submitted documents

cc: Ms. Adele S. Buchman
1541 Castle Court
Houston, Texas 77006
(w/o enclosures)


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