|Office of the Attorney General - State of Texas
April 8, 1999
Ms. Lilia Ledesma-Gonzalez
Dear Ms. Gonzalez:
You have asked whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 124919.
You assert that the requested information is excepted from disclosure based on section 552.108 of the Government Code. Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. Based on the information you provided, we understand you to assert that the requested information pertains to a case that concluded in a result other than conviction or deferred adjudication. Therefore, we agree that section 552.108(a)(2) is applicable.
However section 552.108 is inapplicable to basic information about an arrested person, an arrest, or a crime. Gov't Code § 552.108(c). We believe such basic information refers to the information held to be public in Houston Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. --Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). However, you must withhold any information tending to identify the sexual assault victim pursuant to common-law privacy. See Open Records Decision No. 393 (1983). Thus, with the exception of the basic front page offense and arrest information, you may withhold the requested information from disclosure based on section 552.108(a)(2).(1) We note that you have the discretion to release all or part of the remaining information that is not otherwise confidential by law. Gov't Code § 552.007.
We are resolving this matter with this 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 may 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# 124919
Enclosures: Submitted documents
cc: Mr. John Patterson
1. Some of the records at issue are medical records, access to which is governed by the Medical Practice Act (the "MPA"), article 4495b of Vernon's Texas Civil Statutes. Section 5.08 of the MPA provides:
Section 5.08(j)(1) provides for release of medical records upon the patient's written consent, provided that the
consent specifies (1) the information to be covered by the release, (2) reasons or purposes for the release, and
(3) the person to whom the information is to be released. Section 5.08(j)(3) also requires that any subsequent
release of medical records be consistent with the purposes for which the governmental body obtained the
records. Open Records Decision No. 565 at 7 (1990). Medical records may be released only as provided under
the MPA. Open Records Decision No. 598 (1991). For your convenience, we have marked sample documents
to show which are medical records subject to the MPA.
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US