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John Cornyn

July 30, 1999

Ms. Stacy E. Sallee
Associate Counsel
Texas Health and Human Services Commission
P.O. Box 13247
Austin, Texas 78711


Dear Ms. Sallee:

You have asked whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 126077.

The Texas Health and Human Services Commission (the "commission") received a request for information concerning pending investigations or disciplinary proceedings concerning a named individual. You assert that the information at issue is protected from disclosure under various exceptions to disclosure, including section 552.108 of the Government Code. Section 552.108 of the Government Code excepts from disclosure certain law enforcement and prosecutorial records. As we explained to you in Open Records Letter No. 99-1907 (1999) (enclosed), an agency that does not qualify as a law enforcement agency may, under certain limited circumstances, assert section 552.108 protection for information in its possession. Based upon the explanation and documents provided to this office, we agree that you have shown the applicability of section 552.108 to the submitted documents. Thus, these records may be withheld from disclosure under section 552.108. Because the records may be withheld from disclosure under section 552.108, we need not at this time address your other arguments against disclosure.

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.


Ruth H. Soucy
Assistant Attorney General
Open Records Division


Ref: ID# 126077

Encl. Submitted documents, copy of Open Records Letter No. 99-1907 (1999)

cc: Mr. Robert Zayas
2704 Williamsburg Drive
Pasadena, Texas 77502
(w/o enclosures; w/copy of Open Records Letter No. 99-1907 (1999))


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