Click for home page Office of the Attorney General - State of Texas
John Cornyn

July 26, 1999

Ms. Lan P. Nguyen
Assistant City Attorney
City of Houston
Legal Department
P.O. Box 1562
Houston, Texas 77251-1562


Dear Ms. Nguyen:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 125952.

The City of Houston (the "city") received a request for a specific lease and appraisal reports. You claim that the requested appraisals are excepted from disclosure under section 552.105. As you raise no objection to release of the requested lease, we assume that you have provided it to this requestor. You have submitted the subject reports to this office for review. We have considered the exception you claim and reviewed the submitted information.

Government Code Section 552.105 excepts from disclosure information relating to:

    (1) the location of real or personal property for a public purpose prior to public announcement of the project; or

    (2) appraisals or purchase price of real or personal property for a public purpose prior to the formal award of contracts for the property.

This section is designed to protect a governmental body's planning and negotiating position with regard to particular transactions. Open Records Decision Nos. 564 (1990), 357 (1982), 310 (1982). In this case, the city is negotiating a sales price for a particular transaction. We are of the opinion that section 552.105 is applicable here; the city may withhold the subject information under section 552.105 of the Government Code.

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.


Michael Jay Burns
Assistant Attorney General
Open Records Division


Ref: ID# 125952

Encl. Submitted documents

cc: Ms. Angel De La Iglesia
150 West Parker Road, Suite 606
Houston, Texas 77076
(w/o enclosures)


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

Home | ORLs