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John Cornyn

April 9, 1999

Mr. Jason C. Marshall
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201


Dear Mr. Marshall:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. We assigned your request ID# 123386.

The City of Coppell (the "city"), which you represent, received a request for information concerning any investigation of a named person. You contend that the city should not be required to respond to the request pursuant to section 552.108 of the Government Code.

You have submitted a brief and a supplemental, confidential brief presenting your arguments. In your brief to this office, you explain that no documents exist which are responsive to the request. The Public Information Act does not require a governmental body to make available information which does not exist at the time of the request. Open Records Decision Nos. 452 (1986), 362 (1983); see also Open Records Decision No. 605 (1992). Thus, you need not comply with the request.

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.


Yen-Ha Le
Assistant Attorney General
Open Records Division


Ref.: ID# 123386

cc: Mr. R.G. Harrell
548 West Oak Grove
Coppell, Texas 75019


POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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